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June 3, 2008

Update: 911 call punctuates Gianquitti's bail hearing

gianquitti_hearing.jpg
Journal photo / Mary Murphy
Nicholas Gianquitti, center, cries as he listens to the tape of his wife calling 911, followed by him getting on the line to explain what happened in the shooting of his neighbor. He's flanked by his lawyers, Mark Dana, at left, and William Devine.


WARWICK -- The tape of a 911 call from the wife of the Cranston man accused of killing his neighbor was played today as part of his bail hearing in District Court.

At first, Jennifer Gianquitti, the wife of suspect Nicholas Gianquitti, was heard screaming incoherently. Then, she reported that a neighbor had intruded and said her husband was a former Providence police officer with a permit to carry a gun.

Then Nicholas Gianquitti got on the phone.

He said a man charged at him in his house and that he was in the right in having shot the man. Gianquitti also said he was a former police officer with a permit to carry a gun.

The tape was played during the testimony of a record manager for the state's 911 emergency system.

The record manager was one of two persons called by the Attorney General's Office to testify today at Gianquitti's bail hearing, which will continue tomorrow for a third afternoon in District Court before Judge Elaine Bucci.

Gianquitti is accused of shooting and killing his neighbor, Cranston firefighter Lt. James A. Pagano. The hearing is being held to determine whether Gianquitti, who had served briefly as a Providence police officer, will be held without bail pending an arraignment and possible trial.

-- With reports from Journal staff writer David Scharfenberg and Journal archival reports

Cranston detective Peter J. Souza also testified today, saying that there were two shots fired, not three. Other witnesses have reported hearing three. The detective attributed that to being a ricochet or an echo.

Souza based his finding on a search of properties in the area, which turned up only two shell casings.

An official with the state Office of Medical Examiners, who was due to testify today, could not be there and is the only one slated to testify tomorrow afternoon in District Court. The defense at this time has no plans to call anyone to testify but reserves the right to do so.

The hearing began yesterday afternoon, with James Pagano’s 12-year-old nephew, 72-year-old father Anthony Pagano, and other relatives saying they were at a birthday party for Pagano’s son when James Pagano got into a fight with Gianquitti.

Pagano’s nephew, Benjamin Shola, 12, said Gianquitti got mad when a tennis ball hit his car. From there, other witnesses said, there were harsh words, punches and, ultimately, three shots.

Pagano, a Cranston firefighter, died from a single gunshot wound, according to the state medical examiners office.

Extra: Continuing coverage on the Cranston shooting.

Posted by Mike McKinney  at 4:43 PM | Permalink

Comments

Why is this taking 3 days?? What is the ? He murdered someone in front of his children.. He should be locked up and the key lost.....normal people dont shot and kill people

kristen | June 3, 2008 4:40 PM link

I feel terrible for the Pagano family, but I don't know what you do when I man twice your size shows up at yor door and knoks you back down your own stairs

JT GORHAM | June 3, 2008 6:28 PM link

take his gun away and he cries like the true coward that he is...

Eric | June 3, 2008 6:50 PM link

if someone comes to my house and starts swinging at me, I'll defend myself in anyway possible especially if it's a big guy who's coming over looking for a fight.

john | June 3, 2008 7:52 PM link

Be patient Kristen, let this play out. This worthless person will be held without bail, tried, convicted and then sentenced to the ACI for a long, long, long time. His room mates up there will make sure he never serves the majority of that time!

Signed:

Rusty Shank

Paul | June 3, 2008 7:55 PM link

firstly, we do NOT have all the facts......so for one commenter to state something as basic as "lock him up and throw away the key"...shows just how uninformed, judgemental and quick to retaliate without thought people really are. And the ironic thing is, that is exactly what happened on that peaceful day. Harsh words, threatening actions and not having all the facts got someone shot. It's too bad we live in a society with such unforgiving hotheads and know it alls.

Michele | June 3, 2008 8:30 PM link

Pagano was in a fit of rage, and then he goes over to confront Gianquitti at the guy's own house, and then he assaults the guy. Pagano should have called the cops. Pagano's recklessness and aggressiveness cost him his life. Gianquitti badly over-reacted but clearly the incident was started by Pagano. Pagano's father bears responsibility as well, it's unreal that he accompanied his son over to violently confront another man. Common sense was nowhere to be found that day.

Dave F. | June 3, 2008 9:38 PM link

I wouldn't even consider him a police officer, he joined the force to beat the system. He shot and killed a man. What is the question?

Maryann | June 3, 2008 10:07 PM link

This person thinks he is above the law! 6 months as a cop on disability from a fractured knee after HOW many years? And verbally abusive to children on a continual basis even prior? He's a lazy, OCD, arrogant low life turned murderer. Lock him up and be done with it. My heart bleeds for those children and wife who will forever be haunted by this heinous act.

Babs | June 4, 2008 1:06 AM link

Unfortunately in this case.....Due Process really does need to take place. I, like everyone else, immediately said this guy should go to jail, but taking into account the new and ACTUAL evidence of this case as it unfolds, it seems that Mr. Pagano did in fact enter into this other mans house and a conflict ensued. The owner of the house does have the right to protect himself in that situation. I don't think that it was right for him to shoot this man, but again the law states that EVERY citizen has the right to protect himself while in his home....

I feel for both parties in this situation....

jim | June 4, 2008 6:59 AM link

Please post the 911 call. I really want to hear it.

Kevin Arino | June 4, 2008 7:07 AM link

He should not be charged at all. Pagano wasn't an innocent victim. Pagano was an attacking intruder. Gianquitti wasn't the crazy person that day, it was Pagano. All because the Pagano's didn't teach their children to have any respect for their neighbor's property. It sounds like they let their children continually annoy this man until finally he yelled at them to go play down the F***ing street. I'm sure that 12 year old had heard the F word before, but that turned Pagano into the crazy man that entered his neighbors home to attack him. I feel sorry for his children too, but their father was killed that day because of his own actions.

common sense | June 4, 2008 8:59 AM link

Jim, he chased the guy down to shoot him! That isn't self-defense in anyone's world. Get real.

Jane | June 4, 2008 9:12 AM link

I cannot believe how many are defending this guy. If you are a grown man who decides to bully and swear at neighborhood children, expect Daddy to come over and punch your face! And from what I read Pagano went over there and only had words w/him. The nutbag flipped him off deliberately to escalate the situation, all the while w/a gun stuffed in his pants. That is NOT self-defense!

Jane | June 4, 2008 9:19 AM link

We have been aquainted with the Gianquitti's for over a decade. We used to watch their daughter at times when she was a toddler so they could have time together. We went on outings with them. They are good and decent people...not "low lifes" as some narrow minded people have stated. Nick and my husband met at a gym years ago when he was recovering from his injury. He is NOT a psycho. This is a guy who would show up at our front door on Easter with dessert and a friendly hello if we hadn't seen each other in a while. He offered help with any home projects etc.
I can only imagine the frustration that both these families must have been feeling over the last couple years, and the fear that Nick must have felt for himself and his own family that Sunday afternoon, to have had things result in such tragedy. I understand people reacting the way they are...but the truth is that only a handful of people really know all the facts and everyone should count their blessings that they never find themselves in the same sort of situation that these two families were in.
In a perfect world, everyone would get along. Everyone would respect each other. Everyone would be decent and show care and compassion for their fellow man. But that is not the world today. We all have felt the change in the world today in regards to our fellow man. Whether it be the guy who cuts you off in traffic or the snotty clerk at the store counter. Perhaps some of us even have that neighbor that we just can't seem to get along with. And we have all probably over reacted at one time or another. Everyone on this planet has their breaking point. So remember...show respect, be kind and know that in an instant it could be any one of us at either end of this same scenario.
My heart goes out to both the Gianquitti and the Pagano families.

friends | June 4, 2008 10:01 AM link

Like other posters, I first assumed that the guy was an off-the-wall ex-cop, and who knows, maybe he is. But I do know this: I have had plenty of errant children in my neighborhood over the years who have broken windows with, yes, tennis balls hit with bats (what were the parents thinking?), ripped out flowers and veggies from our garden, kicked pickets out of a picket fence, etc. I never had any confrontation with a parent, but I can certainly say this:

If I ever yelled at a kid and a big bully of a father with a rage problem and maybe a buzz on to boot showed up pounding at my door screaming like a lunatic, and I had a gun in the house, I definitely would get it before answering the door. If the guy then punched me and threw me down the stairs, I just might use the gun before the guy took me out for good.

However, the question that most inquiring minds are asking is this:

WAS THE VICTIM SHOT IN THE FRONT, OR IN THE BACK?

Surely the good folks at forensics can tell us that much.

Front or back door? | June 4, 2008 10:24 AM link

"Friends", you must not have read the witness accounts thoroughly. It was quite clear that Pagano was LEAVING when Gianquitti called to him, he looked back, and Gianquitti FLIPPED HIM OFF. As he was leaving. Does that sound to you like a man in fear? If I was truly afraid I would have quickly closed my door and called the police. He was looking for a fight that day, and he got it. Killed a man in front of that man's children as well as his own daughter, and will now spend the rest of his life in jail (and he will, make no mistake about it....this is not self-defense). I hope he's happy now. He shoulda left years ago to live in cabin in the woods of Idaho and joined a militia. Sounds like it would have been right up his alley.

Jane | June 4, 2008 10:58 AM link

I can't believe people are defending Pagano's actions. If I swear at children that are on my property and causing damage and Daddy comes over and enters my house and attacks me, he shouldn't be surprised when their are deadly consequences. Pagano didn't have any business going over there and certainly not entering Gianquitti's home and attacking him. Every man has a right to defend his home and family from an attacking intruder. Police detectives have said their were 2 shots fired and the one that was shot inside the home is the one that hit Pagano. I'm sure Pagano's family aren't going to make him look bad in their testimonies and their's are the only testimonies we have heard. When your child gets cursed at for annoying the neighbor or damaging the neighbor's property, you should be disciplining your child not going over in a rage to punch out the neighbor.

common sense | June 4, 2008 12:19 PM link

"Self Defense" ended the minute the guy turned around and walked away.

Greg | June 4, 2008 12:55 PM link

commonsense, I hope you don't have children. "Annoying" the neighbor is quite subjective and there was NO PROPERTY DAMAGE here. Like someone above said, he was simply an OCD freak ....move to an adults-only community. Nobody has the right to yell at, swear or otherwise verbally abuse their neighbor's kids.

But wherever you stand on the issues, the fact remains that the man was LEAVING. Gianquitti flipped him off to continue the fight....he was itching to use that gun. The little sissy is crying his eyes out now though, isn't he?

Jane | June 4, 2008 2:21 PM link

Pagano should have had more common sense than to risk the safety of the kids at the birthday party.
You don't run to a neighbors home to brawl over nonsence when you have children in your trusted care. Pagano should have told his kids to apologise to gianquitti instead of running home and complaining "he swore at us". The kids were egging the Pagano on because of what they learned in the home. Don't respect neighbors and that Gianquitti was wierd and a nut.

violet | June 4, 2008 2:28 PM link

Jane...Neither parties actions can really be defended in this. Their issues with each other had obviously gone on and on. They were both wrong and have now both paid the price for their inabilty to deal with each other in a "civilzed" manner. The repercussions are tremendous. One has lost his life and the other has too...just in a different way. All of their loved ones will feel loss forever. I feel grief for all involved. I hope you find some kind of solice in tirading about someone you've never even met. But more importantly I hope you never have to face any like situation. As I said...the world today is a hard place to exist these days. So many people are quick to judge, quick to react, and quick to temper...often without provocation and sadly...usually without full knowledge of all the facts. Which ever way this turns out in the end...it should be a lesson for everyone else. All I can and did comment on is what I KNOW...and that is what Nick did came as a total and complete shock to me and my family and was without question...completely out of character from anything I know of him. Peace !!!

friends | June 4, 2008 2:33 PM link

Yeah Jane he was leaving, probably because he saw a gun. People tend to try and flee when they realize they are about to be shot. It doesn't mean that in the half of a second it takes to pull the trigger it wasn't justified. Gianquitti was inside his home and Pagano entered and attacked him, that fact that he flipped him off through the door only says that Pagano was in a rage when he intruded into Gianquitti's home. Pagano should have had a thicker skin and been a better role model to the children watching. No matter if the neighbor is crazy or not. I do have children, well behaved children that respect our neighbors and their property. When the neighbor asks my children not to throw a ball into his yard they make sure they don't because he has a right not to have to deal with my children or your children on his property. I raise my children to understand natural consequences. Your rights end when they infringe on someone elses. Only truly ignorant people would see crying as a sign of weakness.

common sense | June 4, 2008 4:07 PM link

If having a tennis ball hit Gianquitti's car was enough to have him murder someone in cold blood, can you imagine how he would react if someone REALLY offended him?
This guy isn't an ex-cop; someone who serves only 6 months on the police force and then "milks" the system for the next 14 years is pathetic! Why hasn't this guy gotten a job in the past 14 years?!
If someone talks to my child the way Gianquitti spoke to Pagano's children, I would be knocking at their door too! No adult has the right to speak to children that way!!
Gianquitti will not last long at the ACI because inmates HATE cops! They consider cops and ex-cops to be lower than child molesters. Gianquitti is going to have a hard time serving his time, that's for sure.
I credit Pagano for coming to his children's defense.

Skipper | June 4, 2008 7:22 PM link

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