Gianquitti trial: Summary of murder trial's sixth day
5:51 PM Tue, Mar 31, 2009 | Permalink
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PROVIDENCE, R.I. -- Jury deliberations started Tuesday afternoon in the murder trial of Nicholas Gianquitti, the Cranston man who has been charged with gunning down his next door neighbor. Gianquitti, 40, of 16 Daisy Court, and James Pagano, then 44, of 10 Daisy Court, argued over the manner in which Gianquitti spoke to Pagano's children and nephews after they hit Gianquitti's car with a stray tennis ball while playing baseball on the Cranston cul-de-sac on May 18, 2008. 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 charged into his house. Pagano, a Cranston fire lieutenant, 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 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. Tuesday, Superior Court Judge Robert D. Krause instructed the jury to consider acquittal, first-degree and second-degree murder, and voluntary and involuntary manslaughter in judging Gianquitti. 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. The Superior Court judge 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. In judging the case, Krause instructed the jury to consider the evidence presented -- both testimony and other proof presented at trial and circumstancial evidence -- and make "reasonable inferences" based on their life experiences. Earlier, the jury heard from Gianquitti, testifying in his own defense and Cranston Detective Lt. Dennis Neri, who interviewed Jennifer Gianquitti, Gianquitti's wife, following the fatal shooting. In closing arguments, defense co-counsel Mark Dana told the jury the shooting was "classic self defense." "It is unthinkable to be in your house and to be attacked in that way," he said. Meanwhile, Assistant Attorney General William Ferland focused his closing argument on intent and malice telling the jury Gianquitti knew Pagano was wounded when he ran after him with his pistol drawn and shot a second time as -- by Gianquitti's admission to police -- Pagano ran up the stairs. Jurors ended deliberations for the day at 4:30 p.m. The Providence Journal is covering the trial live from Judge Krause's courtroom. Get the latest blog posts from the trial. Extra: Our continuing report on the shooting of Lt. James Pagano. 
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must be a not guilty verdict
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If the situation was different and Mr. Pagano shot Mr. Gianquitti in his home the firefighter would have became a hero, and the head lines would be firefighter shot a former PPD office after he entered his home and assaulted him knocked him down to the floor and was in fear for his life. Welcome to our justice system.
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All he had to do was SHOW the gun to defend himself. Pagano ran away when he saw it. The gun did the job of defending himself and his family. His temper, his pride, made him shoot the gun. Both men lost their cool, big time, one paid with his life, the other should pay with a lengthy prison sentence.
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My thoughts exactly, David.
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