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June 27, 2008

High court upholds September 2005 murder conviction

PROVIDENCE -- The state Supreme Court has upheld the murder conviction of Jacques Gautier, who 10 years ago stabbed his estranged wife's boyfriend multiple times in Providence.

A jury in September 2005 convicted Gautier, who lived in Providence, of second-degree murder in the death of Geoffrey Indellicati, who was 17. The verdict was a lesser charge than the first-degree murder in the indictment before trial, and the judge had granted a defense motion to dismiss several indictment counts.

In the early morning of Oct. 6, 1998, according to the prosecution, Gautier entered the first-floor Barbara Street apartment of his wife, Minerva Gautier. The Gautiers were separated at the time and a District Court “no-contact” order was in effect because of a charge pending against Jacques Gautier for allegedly assaulting her.

Indellicati was awakened in the apartment and the two men began fighting. Gautier chased Indellicati, attacking him again and again, according to testimony, and eventually forced Indellicati to a bathroom floor and stabbed him repeatedly. Indellicati had more than 60 wounds and was stabbed with two knives, according to the Supreme Court opinion.

Gautier grabbed Minerva Gautier and the Gautiers' 21-month-old son, Eros, and forced them into his car at knifepoint and fled, according to testimony.

Gautier took them to his sister's apartment, and a police officer eventually caught Gautier.

-- projo.com staff writer Michael P. McKinney, with Journal archival reports

Gautier's appeal to the state's highest court asserted the judge erred by:

* Allowing his wife’s prior recorded testimony from the defendant’s probation-violation hearing to be read into evidence.

* Excluding an affidavit made by Gautier's wife in which she refuted testimony she gave at his probation-violation hearing.

* Admitting evidence of a domestic assault incident and evidence the defendant had used cocaine shortly after Indellicati was killed.

* Allowing the state to bolster the credibility of its own witness.

* Failing to give the jury an instruction on voluntary manslaughter.

* Commenting on the evidence while giving the a jury instruction on burglary.

* Denying the defendant’s motion to “pass the case after a witness for the state misspoke.”

Posted by Mike McKinney at 3:23 PM | Permalink

June 27, 2008

High court upholds September 2005 murder conviction

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