Posted in Related Deaths1-17-2007 New York:
A man convicted of murder after nearly beheading his stepfather with a samurai sword was sentenced Wednesday to a term of 25 years-to-life in prison.
Zachary Gibian, 20, was convicted last month of second-degree murder in the February 2005 death of his stepfather, Scott Nager, who was killed as he slept on his living room couch.
Gibian testified that Nager had sexually abused him since age 15 -- a claim prosecutors termed ''preposterous.''
Gibian, of Hauppauge, made no statement at his sentencing.
The victim's sister, Anne Leonardi, speaking on behalf of the family, had asked the court to give Gibian the maximum sentence.
Gibian took responsibility for the crimes in written and videotaped confessions to police just hours after the killing, but changed his story on the witness stand, insisting it was his mother who inflicted the fatal blows after she discovered her husband sexually abusing him.
Prosecutors contended that Nager, 51, a retired New York City police officer, was not a sexual predator but a concerned parent faced with a rebellious teenager.
Gibian, the lone defense witness, claimed that on numerous occasions, beginning when he was about 15, Nager got drunk and repeatedly forced him to perform a sex act _ sometimes at gunpoint.
None of the abuse claims were made in Gibian's written and taped confessions.
His mother, Laura Nager, has insisted through her attorney that she was not the killer. She has not been charged with any crime -- although investigators say the case remains an open investigation.
After the sentencing, her lawyer, Steven Wilutis, said prosecutors told him to expect an arrest, although he was not told on what charge. Suffolk County Assistant District Attorney John Scott Prudenti declined to comment, other to say ''stay tuned.'' ..more.. by FRANK ELTMAN
'Jury is deadlocked'
After samurai jury's note, judge tells panel to continue talking and 'be willing to change your decision'
12-12-2006 New York:
Two hours into their fifth day of deliberation in the murder trial of Zachary Gibian, jurors announced yesterday that they were unable to reach a verdict.
After receiving a note that read simply, "The jury is deadlocked," State Supreme Court Justice Robert W. Doyle instructed the six men and six women to keep at it.
"Frankly, it wasn't intended to be easy," Doyle told them.
Doyle encouraged jurors to "be willing to change your decision," but not to do so out of "mere acquiescence."
Gibian, 20, of Hauppauge, is charged with striking his stepfather, Scott Nager, twice in the neck and face with a samurai sword - severing his spinal cord and killing him instantly. Prosecutors have said Nager and Gibian had been arguing about disciplinary problems.
However, Gibian testified that his mother, Laura Nager, is the real killer - having exploded in a rage after discovering her husband was sexually abusing Gibian. The defendant said he confessed to police to protect his mother, who suffers from multiple sclerosis, and that she told him she would eventually take responsibility for the crime.
The "whodunit" mystery has appeared to be the focus of jurors, who have twice asked for each of Gibian's conflicting stories to be read back to them. After not making any requests of evidence since Thursday, jurors late yesterday asked to have testimony from Suffolk Police Sgt. Thomas Healy read back to them.
Healy was among the first police officers at the scene on Feb. 27, 2005. Jurors asked to hear only what he said about Laura Nager, who he described as having dry blood on her hands and walking with a cane.
Jurors also, for the second time, asked for an explanation from Doyle of "reasonable doubt," which they would have to overcome to find Gibian guilty. If convicted, Gibian faces a maximum of 25 years to life in prison.
For the fifth day of deliberation - as he had every day of the six-week trial - Scott Nager's father, Nathan Nager, waited anxiously on a court hallway bench for news.
"They could still come to a verdict," said Nager, 82, visibly frustrated by the jury's indecision. "I've always believed in the system. And hopefully I'm not disappointed."
Assistant District Attorney John Scott Prudenti said the wait was "tough," while defense attorney William Keahon of Islandia said Gibian remained "scared and frightened."
"Anyone on trial for their life would be," Keahon said. ..more.. by ALFONSO A. CASTILLO
Gibian Gets 25 to Life in Samurai Sword Slay
1-17-2007 New York:
Unphased by testimony that Zachary Gibian suffered abuse at the hands of stepfather Scott Nager, a Supreme Court justice in Riverhead gave the 20-year-old the maximum sentence for Nager’s brutal murder with a samurai sword.
Justice Robert W. Doyle sentenced Gibian, of Hauppauge, to 25 years to life in prison for the murder, where Gibian nearly decapitated Nager with two slashes of the sword, which reportedly belonged to Nager. ..more.. by Long Island Press
25-to-life in samurai sword slaying of stepfather
1-19-2007 New York:
.RIVERHEAD, N.Y.-- A man convicted of murder after nearly beheading his stepfather with a samurai sword was sentenced Wednesday to a term of 25 years-to-life in prison. Zachary Gibian, 20, was convicted last month of second-degree murder in the February 2005 death of his stepfather, Scott Nager, who was killed as he slept on his living room couch.
Gibian testified that Nager had sexually abused him since age 15 -- a claim prosecutors termed ''preposterous.'' Gibian, of Hauppauge, made no statement at his sentencing. The victim's sister, Anne Leonardi, speaking on behalf of the family, had asked the court to give Gibian the maximum sentence.
Gibian took responsibility for the crimes in written and videotaped confessions to police just hours after the killing, but changed his story on the witness stand, insisting it was his mother who inflicted the fatal blows after she discovered her husband sexually abusing him. Prosecutors contended that Nager, 51, a retired New York City police officer, was not a sexual predator but a concerned parent faced with a rebellious teenager.
Gibian, the lone defense witness, claimed that on numerous occasions, beginning when he was about 15, Nager got drunk and repeatedly forced him to perform a sex act _ sometimes at gunpoint. None of the abuse claims were made in Gibian's written and taped confessions. His mother, Laura Nager, has insisted through her attorney that she was not the killer. She has not been charged with any crime -- although investigators say the case remains an open investigation.
After the sentencing, her lawyer, Steven Wilutis, said prosecutors told him to expect an arrest, although he was not told on what charge. Suffolk County Assistant District Attorney John Scott Prudenti declined to comment, other to say ''stay tuned.'' ..more.. : by FRANK ELTMAN
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