Unusual Sentence for Business Owner Convicted of Tax Fraud

October 19, 2010 Updated Oct 19, 2010 at 1:36 PM EDT

By WKBW Programming

October 19, 2010 Updated Oct 19, 2010 at 1:36 PM EDT

BUFFALO, NY (WKBW) - A local pizzeria owner is spared jail time with the help of his restaurant specialty.

Joe Jacobbi, 57, could have faced up to seven year in jail for tax fraud. A judge said Jacobbi, owner of Casa Di Pizza on Elmwood Avenue, would not spend time behind bars if he paid back the $106 thousand he owned and also donated twelve sheet pizzas to the Buffalo City Mission once a week for the next year.

"You figure twelve sheets of pizza every Tuesday that's about 32 pieces so we can feed about 192 key individuals," Buffalo City Mission Public Relations Director Aubrey Calhoun said.

The Mission serves more than 19,000 people every month. They said that every little bit helps, even if the donation comes as sentence from a judge.

"Hope begins with a meal so anyway we can provide a meal then cut down on the staff to provide the operation and prep time, it's phenomenal," Calhoun said.

Joshua Demps said the City Mission help him get his life back on track. He said for most people that starts with the basic necessities including three meals a day. Now, for those attending the Mission, that means a couple of delicious slices of pizza each week.

"Donations are very important and it does make a difference because everybody needs to eat to survive and some people are just not given enough," Demps said.

The judge who sentence Jacobbi agrees, saying that the pizza penalty would help give back to people who need it most.

"Not everybody gets pizza so this would be a treat," Calhoun said.

Jacobbi said that he would be delivering the pizzas to the Mission himself at 6 p.m.

Channel 7 will be there to capture Jacobbi carry out this unusual sentence.