Projo 7 to 7 News Blog

PROVIDENCE, R.I. -- Superior Court Judge Robert D. Krause instructed the jury to consider first-degree and second-degree murder as well as voluntary and involuntary manslaughter in judging Nicholas Gianquitti, the Cranston man charged with murdering his next-door neighbor James Pagano following an altercation on May 18, 2008.

Krause also instructed the jury on the legal definition of intent -- needed to prove murder -- and self-defense -- which Gianquitti has invoked in his defense.

Gianquitti, 40, of 16 Daisy Court, was charged with gunning down Pagano after the two argued over the manner in which Gianquitti spoke to Pagano's children and nephews after they hit Gianquitti's car with a tennis ball while playing baseball on their cul-de-sac.

Pagano died from a single gunshot to the torso, according to autopsy results. Dr. Alexander Chirkov, the state's assistant medical examiner, who conducted the autopsy, testified last week that the bullet entered through Pagano's lower back and traveled at a 45-degree angle, tearing through Pagano's aorta, pancreas and liver.

Gianquitti, who briefly served as a Providence police officer before retiring on disability, has said he shot Pagano because he feared for his life as Pagano came into his house.

Gianquitti was indicted by a grand jury on charges of murder and discharging a firearm during the commission of a violent crime. He has been held at the Adult Correctional Institutions in Cranston since his arrest.

Krause told jurors they are only to consider the second charge -- discharging a firearm during the commission of a violent crime -- if they find Gianquitti guilty of either murder or manslaughter.

Get the latest blog posts from the trial.

Extra: Our continuing report on the shooting of James Pagano.

 Tags  Gianquitti James Pagano Nicholas Gianquitti Superior Court

Comments

BAC said:

I wish I could read the whole transcript of the trial before I pass judgment and not just quick blogs, but I will vote for involuntary manslaughter. If Gianquitti had not run after Pagano I would argue for self defense. Both men were wrong. One punch can kill just like one shot.

Link | March 31, 2009 3:07 PM
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