Vincent DiStasi, of South Setauket, caught on video abusing infant son, who is now in critical condition, prosecutors say

A South Setauket man was charged Tuesday with assaulting his 5-week-old son, putting the boy in such a precarious condition that prosecutors said "next to nothing" separates the case from being charged as a homicide.

Vincent DiStasi, 31, who was charged with first-degree assault, reckless assault of a child and endangering the welfare of a child, was released after posting a $300,000 bond. He was arraigned in First District Court in Central Islip.

Prosecutors say they have Ring camera video of DiStasi abusing the boy multiple times as well as medical evidence from doctors who treated the infant when he was brought to Stony Brook University Hospital Jan. 21. He was arrested Monday.

DiStasi's attorney, Anthony La Pinta, denied the charges and described his client as a loving father. “Our first and obvious concern is the condition of the baby," La Pinta said in a statement. "Vincent's family unconditionally supports him and will continue to stand by him."

Judge Eric Sachs signed two orders of protection against DiStasi, stating that he cannot have contact with the 5-week-old infant or his 2-year-old daughter.

Emma Slane, Nassau County assistant district attorney and chief of the Special Victims Bureau, who is prosecuting the case, said the infant arrived at the emergency room, with acute arm and rib fractures and a subdural hematoma to the brain. He underwent emergency surgery to relieve brain pressure and is in critical condition.

Nassau district attorney spokesperson Brendan Brosh said that due to a potential conflict of interest with the Suffolk County District Attorney’s Office, the Nassau County District Attorney’s Office was asked to prosecute this case.

The infant's condition is so grave that there is “next to nothing separating this case from a homicide," Slane said.

A medical assessment also showed that the infant had previous signs of abuse, such as healing rib fractures and “old bleeds,” Slane said.

According to a police complaint, video surveillance via Ring camera obtained by police through a search warrant captured DiStasi choking, shaking, smothering, throwing, punching, dropping and slapping the infant on previous occasions.

Slane said the evidence also showed DiStasi committed these acts in front of his 2-year-old daughter.

“Much of this baby’s life was subject to abuse,” she said.

La Pinta said his client, a contractor who works locally, has no previous criminal record, and is “beyond distraught” at the condition of his child. DiStasi’s mother, father and siblings also attended the arraignment in support of DiStasi, and are “heartbroken,” La Pinta said.

Both parents have been fully cooperative with law enforcement since the child was admitted, La Pinta said, and the daughter was also medically assessed with no evidence of abuse found.

La Pinta said the family plans to conduct its own investigation into the case and said that the “injuries don't necessarily mean wrongdoing or criminality.” He said the family had no prior involvement with the county's Child Protective Services.

“This is a great mystery here as to what happened and we’ll unfold it, we’ll take it a step at a time and we'll go through it as detailed as we can,” said La Pinta.

Sachs set bail for DiStasi at $300,000 cash or bond, or $3 million partially secured bond, and ordered that he surrender his passport.

DiStasi is due back in court on Feb. 20.

With Grant Parpan and Robert Brodsky