Projo 7 to 7 News Blog

Taking the news pulse of Rhode Island and Southeastern Massachusetts, by Providence Journal and projo.com staff, from 7 to 7, every business day

Get the 7 to 7 on your mobile at www.projo.com. Twitter: projo | RSS | Email alerts

Update: Gianquitti gets 40 years for neighbor's murder

12:55 PM Thu, Jun 25, 2009 |
Kate Bramson    Email

nq_sentenced.jpg
Providence Journal photo / Steve Szydlowski
Nicholas Gianquitti apologies to the Pagano family at his sentencing Thursday in Superior Court.

By Talia Buford
Journal staff writer

PROVIDENCE, R.I. -- Nicholas Gianquitti, 41, was sentenced Thursday morning to 40 years, with 20 to serve, for second-degree murder in the shooting death of his neighbor, James A. Pagano. He must also serve an automatic life sentence for using a firearm.

The life sentence will begin upon completion of the second-degree murder sentence. It's not clear at this time what the minimum time is that Gianquitti would serve.

The Cranston man was found guilty in April of killing his neighbor during an argument over a stray tennis ball.

Gianquitti looked straight ahead Thursday morning as Pagano's sister, wife, daughter and mother told the court how the murder had affected their lives. People all over the courtroom responded with tears.

When Gianquitti read his statement, apologizing his "regrettable choices" and acknowledging he destroyed two families, he turned to look at both families.

Gianquitti faced 10 years to life on the murder charge and a mandatory, consecutive life sentence for the additional charge of using a firearm while committing a violent crime.

On May 18, 2008, Gianquitti shot and killed Pagano, 44, after Pagano confronted Gianquitti for swearing at a child who retrieved a ball from a car in Gianquitti's driveway.

In reaching its verdict this spring, 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.


Pagano was honored on Father's Day in a ceremony at Cranston's Garden City Field.

The original item on this report was posted at 11:48 a.m.

-- With reports from Journal Staff Writer Talia Buford


social bookmarking

Comments

DAN said:

jusice has been served.May the Pagano family live in peace.



Donna said:

Justice is served but nothing can replace the loss of Mr. Pagano's life, nothing.



Knorman said:

Such a tragic waste of life over something so trivial as a tennis ball and kids. However, I have to admit he deserves the sentence.



Anonymous said:

I'm relieved that this jury didn't buy into Gianquitti's claim that he acted in Self Defense when Mr. Pagano stepped through his porch's threshhold. Perhaps if the circumstances were different and Mr. Pagano was breaking down his door with an axe, the jury could have given some discretion there. BUT THAT WAS NOT THE CASE HERE. The tragedy of all this is that two families are torn apart over a childrens street baseball game w/ a tennis ball. That is not any reason for escalation to murder and Gianquitti got what he deserved. I hope the sounds of those children playing and those same children crying after his heinous action, echo in his head every day at the ACI.



J said:

The other guy went to his house and he scared, he's a little guy. So you can't protect yourself anymore, not even on your property, USA isn't so free is it.



Don't overreact said:

I understand his frustration at the kids' behavior and the parents' indifference. People need to respect each others' property and space. It's hard to imagine it escalating in this manner on both sides. It's unfortunate that Mr. Pagano went to confront him in that manner and senseless that Mr. Gianquitti used lethal force. It makes one wonder how differently things would have turned out if guns were not readily available. A sad situation all around.



KG said:

The judge got it right. At least NG's family can still see him. He has his life. The Pagano family not so fortunate



julie said:

This is so sad. Does anyone think our media and fast paced lifestyles caused a neighbor to shoot another over a tennis ball. This does not happen among the Amish. They have been killed by outsiders but not by their own people



lykra said:

Justice has been served but nothing will bring Jim Pagano back. Hopefully, this brings some closure to the Pagano family.



Dave said:

I will never understand how he got this severe sentence. Pagano went over there, pounded on Gianquitti's front door and then Pagano assaulted Gianquitti!!!! Pagano started the whole stupid confrontation.

I'd like to know how you're supposed to defend yourself in this backwards, corrupt state - when two large men pound on your front door and assault you? Can someone answer that question? What's an acceptable response? I guess we're just expected to pee our pants and cry like a baby. Then, if we survive the assault, we can dial 911.

Let me outta here. RI sucks.



JimmyD34 said:

Well, 20 years is a bit different than "life", isn't it? He'll be a free man before he gets his first social security check.



Snyder said:

This is in response to the comment left for "J" at 12:23:

I have a problem with your comment on this. If Mr. Pagano was in the residence when he was shot, absolutely, defend yourself. However, he was not in the residence. Mr. Pagano was walking away from the house...he was shot in the back by the coward. He not only shot him once, but he fired the weapon three times, striking him twice. We are fortunate that he didn't strike anyone else that was in the area with the stray bullet.



Wha? said:

Re: Dave

I have an option for him. Don't answer the door. Did Pagano knock the door down? Nope. If you're scared by the "two large men" "pounding" on your door, then call the police, and don't answer the door.

And how is it self-defense when you shoot a man in the back?



Anonymous said:

Dave - "HOW ARE YOU SUPPOSED TO DEFEND YOURSELF??"
Try not answering the door at all if you're that afraid, and call the police...THAT'S an acceptable response!!!! How can you question how Gianquitti got such a severe sentence..... HE KILLED A MAN!!! He answered the door with a gun before he even knew what Mr. Pagano was going to do. He got what he deserved, which still is better than what Mr. Pagano got.



moosedup said:

J: Since when is shooting someone in the back protecting yourself?



Ric said:

J and Dave, the guy chased Pagano out of the house and shot him. I live in Arizona, and you can't do that. Once Pagano got out of the house, Gianquitti should not have chased him. He should have called the police. In fact, he shouldn't have opened the door in the first place. This wasn't self defense, it was murder. If a person busts into your home, you can defend yourself, but if the person leaves you can't use force because there is no threat.



A said:

As a police officer, Gianquitti should have known better than to take matters into his own hands. He knew before he opened the door that Pagano was upset. He should have called the police rather than taking matters into his own hands. Now a family is without a father and he's spending time behind bars - was it worth it? Life is too short. What is this world coming to?



skinzo said:

Dave,
Well-said. One more reason people shouldn't move to RI. Another thing, this whole 'fraternal' bologna of police officers sticking together and firefighters sticking together... I'm so tired of hearing about it and reading about it in RI news outlets. Regular citizens don't stand a chance.



Joe said:

Both of these guys a punks
Pagano brings backup
Gianquitti grabs a gun

Fight one on one like real men from the old days
Shake hands next day

PUNKS



JJKCHB said:

Get a grip vigilantes. Gianquitti's "self defense" ended the moment Pagano turned around and left the house. Incident over. Then Gianquitti chased him down, shot him, murdered him. I am sure the Pagano family will be at every parole hearing this guy ever gets and he will never see the outside again.



Denise said:

You people who find this sentence are either just coming on the scene of this crime of you are totally insane.
This was in no way self defense. The victim did not start the incident, it was on on going neighbor feud.
The end result of it is disgusting.
What I don't understand it the whole Rhode Island Judicial system. How will this guy ever see daylight if he has "20 to serve on 40" and a consecutive life for the use of a firearm? Maybe if the law makers of Rhode Island stiffen the laws a little bit people will think twice before killing their neighbors in front of their children. If the problem is that they have one prison, then build another one and give more people jobs. Whatever the resolve, get with the program. High crime rate and violence always comes with a poor economy. Rhode Island just lets it keep on sliding.



J-DOG said:

Clearly this guy overreacted and it is unfortunate that a man with a family was killed over this but may this be a lesson to liberal parents who refuse to teach their kids respect for property. If Pagano had been a little more strict as a father then he would be alive today. If a homeowner does not want trespassers on his property then he has every right to say so. Obviously Gianquitti didn't handle this the right wat but neither did Pagano. Sad all the way around.



Rick Gregoire said:

Gianquitti should have called the police before opening the door. He definitely should have called the police when Pagano left and explained that he warned him off the property with a firearm. He lost all legal and ethical self-defense arguments when he shot him in the back out of the house.
I own firearms and am an NRA member and there's no way the NRA Legal Defense fund would come near this case. If the door was broken in and he fired it would have been an entirely different matter. Had he been prosecuted for defending himself justifiably every legitimate firearm owner would have come to his aide.
He totally lost self-control and did irreparable harm to many people. His sentence is just.



not sure said:

I'm sorry for both families. But as a child in the 70's if I dare disrespect a neighbor(especially one that was upset numerous times about balls in his yard) and then complained to my parents that said neighbor yelled at me or used profanity, I was punished for bothering the neighbor and also I would have to apologize as well. As parents of this generation, we are letting our children get away with too much.



jan said:

People are so hateful. This is why these tragedies occur. It is like road rage, only it is life rage. Tempers flare, and before you know it , we have a tragedy. If all concerned would just step back and realize that this is a heartbreaking situation for TWO families...a tragedy for ALL involved. Wallowing in one's own self pity is self-serving. Reach out and realize what a tragedy this was for the individuals involved and their families on both sides. By the way, I know neither family. This is just an objective opinion.



jan said:

Why did Pagano make the first aggressive move of going on his neighbor's property to his door. Obviously, Pagano was enraged and he took things in his own hands first. He should have summoned the police, rather thanrisk a confrontation with his neighbor. As a result, look at the tragedy. This is not to say what Gianquitti did was right, but as far as I'm concerned Pagano should have stayed in his own yard along with his children and called the police to complain. Once he decided to confront the neighbor, anything coud happen. There could have been a fight and unfortunately Gianquitti had a gun in the heat of the moment. Pagano whose children were there, did not think to teach his children the right way to deal with problems and conflicts. Many parents are teaching children to take matters into their own hands. That is why there are som many assaults and killings today. Conflict resolution is an important skill to teach children today and to live by it ourselves.



jan said:

We are honoring a person who in the eyes of his children taught them a lesson in conflict resolution. Just confront it well knowing that it could escalate into a tragedy of this nature. Pagano should not have gone on his neighbor's property to begin with. He should have told the children to stay in their own yard. and if he had a problem, he should have called the police to mediate. Shooting Pagano was an atrocity, but Pagano was not entirely right, perhaps even initiating the whole mess. We are trying to teach kids to avoid confrontations and get involved in real solutions for conflicts. and the parents aren't teaching this. So Pagano's kids think it's ok to barge over to someone's house if they don't like what is going on. Good Let's hero worship someone who is not a hero but was in fact looking for trouble and he got it. A tragedy for all involved. We certainly shouldnt be honoring Pagano who didnt know a thing about conflict resolution and should have called the police if he was unhappy about his neighbor!




Leave 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.




Type the characters you see in the picture above.