Prosecutors: Murder case against 13 year old mostly circumstantial

Tools

Prosecutors: Murder case against 13 year old mostly circumstantial

By PAT BAILEY

VERNON, N.Y. (WKTV) - Joseph Giacona, 13, has been charged with second-degree murder in the death of his father, and police say he will be tried as an adult.

Giacona III is currently being held at a juvenile facility, and from there he is expected to be transferred to another juvenile facility near Albany.

Police say that for the past 8 months, the case against the teen was building. They say they knew they had their suspect, once they found inconsistencies in the stories they had been hearing from the teen.

On January 24, Giacona III called 911, saying that his father had been shot, and for months afterwards, he remained free, even attending school in a new district - Whitesboro.

However, early Thursday morning, he was arrested and charged with second-degree murder, and will become the youngest person ever in Oneida County to be tried as an adult - a decision prosecutors say was a tough one, but was necessary.

"It appears from the scene that the father was sleeping on the couch, and was shot with a shotgun in the head, and to me that is adult behavior," Assistant District Attorney Kurt Hameline said.

Police say they believe they have the gun that they believe the 13-year old used to kill his father.

Other than that, they say this case was built on circumstantial evidence.

"It was very important we cross the T's and dot the I's and get everything done upfront before we go ahead and accuse someone," Hameline said. "We want to be very very careful that we were pursuing the right person."

Because of very little physical evidence, prosecutors say much of this case will be tried on that circumstantial evidence, along with motive.

However, the police did not release any details regarding motive as of Thursday.

View comments

The following comments do not necessarily represent the views of NBC-WKTV News Channel 2. Users have agreed to these terms and in doing so accept full responsibility for their comments. Moderation is limited.

Thursday, Jun 11 at 7:16 PM blah blah blah wtf is wrong w u all? wrote ...

YOU ALL ARE CERTIFABLE NUTCASES listen to all of u talk about life in prison maybe he didnt kill the father maybe the mans fiance did wheres her alibi pointing fingers at someone because he has anger issues lmao are u all SERIOUS????? hes tramtized now hell be on ssi afterthis is all over with. theres alot of people being victimnzed by the system

23613512 Inappropriate? Alert Us!

Saturday, Sep 27 at 6:37 PM concerned wrote ...

what happened to innocent until proven guilty???

7417099 Inappropriate? Alert Us!

Saturday, Sep 27 at 11:05 AM Anonymous wrote ...

"ruserious" - If you know something more than hearsay you need to give a statement now before its 2 late

7409884 Inappropriate? Alert Us!

Saturday, Sep 27 at 9:34 AM 10:50a.m. Whitesboro wrote ...

"10:50a.m. Whitesboro Mom" is more qualified for Hameline's job than Hameline is. She has figured out without any evidence what Hameline hasn't been able to do in 8 months. I think more people than her need to voice this type of opinion

7407994 Inappropriate? Alert Us!

Friday, Sep 26 at 11:24 PM a westmo mom wrote ...

he is just a scared kid get him the best help you can and pray that you have one of the best lawyers in town his name is Mark Wolber 724 3127 this child needs the best. good luck and god bless I will be there for you - you are not alone. ONE DAY AT A TIME.

7402419 Inappropriate? Alert Us!

Friday, Sep 26 at 6:01 PM to ruserious wrote ...

if you worked with the fiance like i also have then you would know from speaking with her the abuse that she and the children in the house went through. question his real mother why she was not around??? that's because the dirt bag that was killed wouldn't let him see his mother. do you know what 13 years of mental, emotional, and physical abuse will do to someone?? so yeah he probably had anger issues due to all the abuse he received. ruserious you have got to be serious. you know nothing.

7395949 Inappropriate? Alert Us!

Friday, Sep 26 at 2:50 PM RUSERIOUS wrote ...

He should spend the rest of his life in prison. He is old enough to know what guns do! And if he was just "messing around" why point it at his fathers head? I heard he has shown no remorse in the court room! He mudered his own father? While sleeping? If you can kill someone then you should be treated as a murderer. He killed someone and you people want to get him help, let him go free? Prison will help, hes old enough to know what happens when you kill someone. I wouldnt want him near my kids.

7390004 Inappropriate? Alert Us!

Friday, Sep 26 at 2:39 PM RUSERIOUS? wrote ...

Everyone keeps asking where was the mother? This kids mother and his late father have been seperated for quite sometime. The father has a new fiance whom I knew, we used to work together! She was probably working at the time like any normal person. She is a caring person. From what I hear this boy has and had anger issues and they tried to get him help. We should feel bad for the fiance and their other little boy who has now lost his father... has anyone questioned Joseph's really mother?

7389659 Inappropriate? Alert Us!

Friday, Sep 26 at 10:50 AM WHITESBORO MOM wrote ...

I have been told that this kid was a very sweet and pleasent young man. The police aren't releasing their motive and say their case is circumstantial only. Maybe Dad killed himself and the kid put the gun away so no one would think badly of his father. Or maybe he was messing with the gun and it accidentally went off. Until we know all the facts this poor child should not be judged. I also don't agree with him being charged as an adult. I hope they solve this matter quickly

7379989 Inappropriate? Alert Us!

Friday, Sep 26 at 9:34 AM very sad wrote ...

this child looks innocent sad and scared and lost i feel sorry for him and his family give him a plea deal like you do the rest of the real criminals the system ant right but like they say life isnt always fair

7376689 Inappropriate? Alert Us!

Thursday, Sep 25 at 9:15 PM Anonymous wrote ...

holy crap i go to whitesboro

7364744 Inappropriate? Alert Us!

Thursday, Sep 25 at 8:27 PM Anonymous wrote ...

he went to my school and road my bus

7363404 Inappropriate? Alert Us!

Thursday, Sep 25 at 7:22 PM well if its wrote ...

mostly circumstantial, why post the poor little kids pic in the news?? I feel so sorry for the families involved and i will pray for a good outcome for Joseph.

7361614 Inappropriate? Alert Us!

Thursday, Sep 25 at 7:15 PM Pappy wrote ...

kids today have no respect.

7361364 Inappropriate? Alert Us!

Thursday, Sep 25 at 5:17 PM why? wrote ...

is it necessary to show us this young boy's face? why don't you remove his photo from the website and tv news reports?

7357424 Inappropriate? Alert Us!

Add a comment

Name:

Comment: 500 Characters Left

NBC-WKTV News Channel 2 and its affiliated companies are not responsible for the content of comments posted or for anything arising out of use of the above comments or other interaction among the users. We reserve the right to screen, refuse to post, remove or edit user-generated content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum.

I have read and agree to the terms

Hide comments

Weather

Icon
Current Temp 72.0 °F
Mostly Cloudy
More Weather

AP Video

Stock Quotes

Permanent Client link holder

This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.

What's On