Projo 7 to 7 News Blog

Lawyers for both sides have weighed in on Wednesday's verdict in the trial of Nicholas Gianquitti. Gianquitti, 40, was found guilty of second-degree murder and using a firearm during a crime of violence resulting in death for the May 18, 2008 shooting of his next door neighbor, Fire Lt. James Pagano.

The jury found that Gianquitti's intent to kill Pagano existed "momentarily or fleetingly," and that he used a firearm during a crime of violence, resulting in Pagano's death. According to the Attorney General's Office, premeditation is not an element of second-degree murder.

Attorney General Patrick Lynch issued this statement in response to the verdict:
"Lt. James Pagano was a loving husband, father, and son, and a well liked and highly regarded member of the Cranston Fire Department, whose life was taken maliciously on a Sunday afternoon for no reason except a wayward tennis ball, rolling away from his children's possession and hitting the car of a neighbor who lived down the cul-de-sac. With a gun and holster hitched to his hip, the defendant, for reasons known only to him, shot Lt. Pagano in the back, shattering the joy of that Sunday afternoon and robbing the Pagano family of the center of their lives for the rest of their lives.

"I appreciate the jury's service and verdict as well as the Cranston Police Department's exemplary investigative work, and I congratulate Assistant Attorney General Bill Ferland for his expert handling of this case. We look forward to advocating for the last measure of justice at the defendant's sentencing, and we continue to offer Lt. Pagano's family and friends our prayers and sympathies."

Defense attorney Mark Dana had this to say: "Mr. Gianquitti is devastated by this verdict. His wife and daughter are crushed as well. We felt that we had a strong self- defense case in that Mr. Gianquitti was assaulted in his home. We understand the case could have gone in either direction and we respect the jury process. We will await the court's ruling on our post-trial motions before making any determinations regarding taking an appeal."

The penalty for second-degree murder is a minimum of 10 years and a maximum of life imprisonment, while the firearms charge carries a mandatory consecutive life sentence. The defense has filed a motion for a new trial. Judge Robert D. Krause, who presided at the trial, has not yet scheduled the post-trial court dates.

Projo.com has been blogging live from the courtroom. Read other blog posts from the trial.

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

 Tags  Attorney General Patrick Lynch Judge Robert D. Krause Nicholas Gianquitti

Comments

d said:

Good for his defense attorney, this guy deserves a new trial in an impartial court free of emotional bias.

Link | April 1, 2009 8:35 PM
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Mike said:

And how was this court biased? Both families were emotional, and both families were in the court room, so I don't think it affected it either way.

Link | April 2, 2009 11:18 AM
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