Gotti trial casts shadow on Suffolk cop from Wantagh

In one portrait, painted by colleagues and his attorney, Nicholas Tobia is a middle-aged dad and respected Suffolk police officer climbing the career ladder toward a detective's badge.

But a second picture of him has emerged at an ongoing federal trial, where an admitted mob killer has testified that Tobia, 45, of Wantagh, is a one-time hood who made a living selling drugs for the mob and helped set up the murder of a dealer who displeased reputed Gambino family prince John "Junior" Gotti.

PHOTOS: John "Junior" Gotti over the years

Although Suffolk police brass have long been aware of Officer Tobia's personal associations - he was investigated soon after joining the force and has repeatedly told superiors about contact with old pals with criminal ties, according to his police union - a government witness continues to make claims that Tobia engaged in mob-related activity.

Tobia grew up in Woodhaven and, following a brother into law enforcement, joined the Suffolk police in 1995. In his career at the First Precinct in Lindenhurst, he moved from patrol to community policing to the crime section, accumulating 15 commendations and recognitions. Last year, Tobia, a married father of three, learned he was to be interviewed for a detective position.

 

Future on the force shaky

But his rising career stopped last fall when the department, citing "conduct unbecoming of an officer," suspended him without pay, according to the Suffolk Police Benevolent Association. Noel DiGerolamo, vice president of the Suffolk PBA, said only later did officials make clear that the suspension stemmed from Gotti lieutenant John Alite's claim that Tobia helped set up a mob hit in 1988.

After the union appealed Tobia's no-pay suspension, the department later agreed to return him to the payroll for the period of his accrued time off; that period ended within the last two weeks.

DiGerolamo said the department has never offered evidence Tobia was involved in any crime. "Their attitude was 'We're not taking any chances,' " he said. "This entire situation, his entire suspension, is based on the allegation . . . of a known felon who's admitted in court that he's a liar."

While Tobia remains a Suffolk officer, his future in the department is uncertain. Suffolk police spokesman Timothy Motz declined to comment on Tobia's status or history.

In a trial last spring of Gambino soldier Charles Carneglia and the ongoing federal murder and racketeering trial of Gotti Jr., Alite described Tobia as a member of a crew engaged in mob-run robberies and narcotics, among other crimes, in the 1980s.

 

Witness: Tobia was lookout

In his most damning allegation, Alite also claims Tobia rode in a following "crash car" as Alite killed a disfavored drug dealer, George Grosso - on Gotti's order, Alite says - on the Grand Central Parkway. According to Alite, Tobia was in a car with another alleged mob associate, Tommy Crisci, and offered to help with Grosso's body after it was dumped on the parkway in December 1988.

"Nicky was the passenger. . . . His role is just to look out [for police], tell Tommy if there's anything coming along," Alite said on the stand.

At the time of the Grosso murder, Alite said, he lived with Tobia and Joey DiCarali, who was driving the car in which he (Alite) shot Grosso.

Among other corruption accusations coming up in the trial, Alite said Tobia once helped him, through a mutual friend, retrieve a police-impounded car after a Mineola bar fight that resulted in an assault charge against Alite.

According to DiGerolamo, Suffolk police investigated Tobia in 1995 or 1996 after Tobia accompanied a female friend to retrieve a car from a business after it was impounded; the investigation began when the department discovered the car was owned or otherwise connected to a criminal. The department found no misconduct, DiGerolamo said, adding he did not know whether Alite was the person connected to that car.

Allies: He's transparent cop

On at least two occasions in the following years, Tobia gave written notice to his superiors that he'd been in contact with people with criminal records he knew from Queens. "Nick has been as transparent as possible with his history and contact with any of these individuals," DiGerolamo said.

Through his attorney, William Petrillo of Rockville Centre, Tobia declined a request for an interview. Petrillo declined to comment on what Tobia told supervisors about his relationships from Queens or Alite's allegations.

"This [Alite] is a man who admits to lying, stealing and killing as a way of life and who is dragging a decorated officer . . . into his web of deception," Petrillo said. Tobia "has never committed a crime in his life, and he's never been arrested in his life."

With John Riley

>>PHOTOS: Click here to see the unforgettable photos from John Gotti's funeral

>>PHOTOS: Click here to see photos of Victoria Gotti and her family