The Peru Gazette

Defendant Had Fled Sentencing in June and Was Later Captured in Cohoes With Help of Cohoes Police Department

State Comptroller Thomas P. DiNapoli, Rensselaer County District Attorney Mary Pat Donnelly, and New York State Police Superintendent Steven G. James announced that Devin Zielinski was sentenced to serve two to six years in state prison for stealing $230,000 in pension and social security benefits from an elderly victim. Zielinski was also ordered to pay $115,000 in restitution. Zielinski’s partner in the scheme, Amber Diacetis, was previously sentenced to time served in jail, ordered to pay $100,000 in restitution and serve five years of probation.

Zielinski had been sought by police after he failed to appear at his initial sentencing scheduled for June. He was located in Cohoes with the assistance of the Cohoes Police Department and arrested on October 10, 2025.

“Preying on an elderly victim to steal his money and deprive him of his basic needs is simply reprehensible. Devin Zielinski now faces the consequences of his crimes in this despicable case of elder abuse,” DiNapoli said. “My thanks to Rensselaer County DA Donnelly, State Police Superintendent James, the Schodack Police Department for their partnership in ensuring the victim received the care he needed and holding accountable the criminals who took advantage of him. I also want to thank the Cohoes Police Department for their assistance with locating and capturing Zielinski.”

Donnelly said, “Through strong partnerships with the New York State Police, the Office of the State Comptroller and the Schodack Police Department, we have been able to hold Devin Zeilinski accountable for these criminal actions.  I am pleased that we are able to provide this elderly victim with a measure of financial compensation by requiring that the culpable parties pay restitution.”

“This case is a tragic example of elder abuse and financial exploitation, carried out over several years by individuals who betrayed the trust of a vulnerable victim,” James said. “I commend the outstanding collaboration between the Office of the State Comptroller, the Rensselaer County District Attorney’s Office, the Schodack Police Department, and our members of the New York State Police. It is through strong partnerships like these that we are able to identify abuse, protect those who cannot protect themselves, and bring offenders to justice.”

Zielinski and Diacetis convinced the 87-year-old New York state pensioner to let them be his live-in caregivers and control his finances. They betrayed his trust, stealing his monthly $3,526 pension and $2,138 Social Security benefits. From January 2018 to August 2023, the two stole $230,000 from his bank account.

Due to their theft, the victim’s mortgage, property taxes and other bills were not paid for four years and the bank foreclosed on his house, power was cut off, and his car was repossessed. The two had their victim living in wretched conditions and in need of care, which he has since received. Zielinski continued to squat in the home after the victim was removed and the foreclosure proceedings began.

Zielinski had pleaded guilty to grand larceny in the third degree in April. He was sentenced before Judge Jennifer Sober in Rensselaer County Court.

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Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by emailing a complaint to investigations@osc.ny.gov or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.