« Shire Corp. manager accused of hacking DOT computer |
Today
| Projection equipment spared in Rustic Drive-In fire »
June 4, 2008
Gianquitti denied bail in murder of neighbor
WARWICK -- Bail was denied today for Nicholas Gianquitti, the neighbor accused of shooting and killing his neighbor, Cranston firefighter Lt. James A. Pagano, after the defense failed to convince the judge that the charge should be manslaughter and not murder.
District Court Judge Elaine Bucci refused to buy the argument by Gianquitti's lawyers that the shooting was not premeditated, and therefore the crime was manslaughter.
A murder charge requires "malice aforethought." A manslaughter charge under state guidelines requires that bail be allowed.
Bucci, however, agreed with the state prosecutors, who argued that the shooting was indeed a case of murder.
In doing so, the judge cited the 911 tape played at the bail hearing yesterday in which Gianquitti gets on the phone and calmly says he shot Pagano. The judge also noted that Pagano was shot in the back as he walked away, which she said constituted malice.
The decision concluded three afternoons of testimony, including from Pagano's family members, both children and adults, in the bail hearing.
Gianquitti, who briefly served as a Providence police officer, is accused of murdering Pagano on May 18 after a dispute started by a child's stray tennis ball.
Yesterday, Gianquitti cried in court as he listened to the 911 call that his wife placed while Pagano was dying from a single gunshot wound.
-- With reports from Journal staff writer David Scharfenberg
Gianquitti also came on the phone, saying his neighbor had come to his house and had pushed him down the stairs.
“I drew my weapon and I shot him,” he told the 911 operator.
“I was afraid for my life,” he said.
“He’s on my property,” he said. “I’m in the right.”
According to testimony, before the shooting, Gianquitti had sworn at children, who were playing a ballgame outside, after a foul ball struck his car.
James Pagano had been holding a birthday party at the Pagano home. He, with his 72-year-old father, came over to Gianquitti's house to confront Gianquitti.
Words were exchanged and, according to testimony, James Pagano took a swing at Gianquitti, who stumbled down some stairs and drew a handgun from his waistband.
Gianquitti fired at Pagano and chased him from the house, firing again, according to testimony.
Extra: Read continuing coverage of the Cranston shooting.
Posted by Mike McKinney
at 3:59 PM | Permalink
kristen | June 4, 2008 4:09 PM link
kristen | June 4, 2008 4:09 PM link
Donna | June 4, 2008 4:20 PM link
Dee | June 4, 2008 4:29 PM link
FD in NE | June 4, 2008 5:04 PM link
Marie | June 4, 2008 5:07 PM link
Falina | June 4, 2008 5:26 PM link
Lee Hansen | June 4, 2008 5:37 PM link
Fonty | June 4, 2008 5:37 PM link
CM | June 4, 2008 5:48 PM link
mike | June 4, 2008 6:03 PM link
Dirty1 | June 4, 2008 6:13 PM link
RAY DAIGLE | June 4, 2008 6:27 PM link
judy cabana | June 4, 2008 7:40 PM link
Meg | June 4, 2008 8:13 PM link
ED | June 4, 2008 8:50 PM link
Paul | June 4, 2008 9:08 PM link
Wife | June 4, 2008 9:36 PM link
LA | June 4, 2008 9:38 PM link
kd | June 4, 2008 9:39 PM link
sue | June 4, 2008 9:51 PM link
Michelle | June 4, 2008 10:47 PM link
Donna | June 5, 2008 12:50 AM link
herman | June 5, 2008 1:04 AM link
carie | June 5, 2008 1:47 AM link
Mary | June 5, 2008 2:00 AM link
DAKOTA | June 5, 2008 4:31 AM link
sal | June 5, 2008 4:54 AM link
nancy | June 5, 2008 5:18 AM link
Sue | June 5, 2008 5:37 AM link
Carol | June 5, 2008 6:32 AM link
joe | June 5, 2008 6:37 AM link
Paul K. | June 5, 2008 6:52 AM link
frank Sciacca | June 5, 2008 6:57 AM link
Jo | June 5, 2008 8:17 AM link
MARIA | June 5, 2008 8:21 AM link
Tom | June 5, 2008 9:07 AM link
jen a | June 5, 2008 10:40 AM link
lt | June 5, 2008 11:21 AM link
Post a comment
Please be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish.
good job why should he be home with his family living a life after he murdered someone...