Police: Discrepancies led to 13 year-old's arrest

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Police: Discrepancies led to 13 year-old's arrest

By PAT BAILEY

VERNON, N.Y. (WKTV) - Police believe that 13 year-old Joseph Giacona III used a shotgun to kill his father. Authorities say discrepancies in the boy's written statement to police helped lead to his arrest.

Police reports filed by both the Vernon and Sherill police departments and the written statement of Giacona do not match. Discrepancies with the time frame from when the boy called 9-1-1 and also discrepancies of whether or not Giacona III found a weapon when he came home from school January 24th are evident.

According to those police reports, officers who responded to 14 North Sconondoa Street in Vernon asked the 13 year-old whether or not he found a gun inside the home after finding his father shot. Giacona said no to both. 

However, in another police interview later on that night, Giacona told police he did find a gun after finding his father and that he put it away before police arrived. The second discrepancy comes when Giacona tells police he arrived home around 2:35 that day to find his father and immediately called 9-1-1. However, phone records show the call came 40 minutes after Giacona said he arrived home.

"I think I would have to say that by the late afternoon of the 24th, there were certainly some concern about his version of events and the time line involved," said Assistant District Attorney Kurt Hameline. 

For the past eight months, Giacona III was free and attending classes at the Whitesboro Central School District.

Thursday morning's arrest means the 13 year-old will now be the youngest person ever in Oneida County to be tried as an adult for murder. It is a decision that prosecutors felt 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," said Hameline.

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Wednesday, Oct 1 at 8:31 PM Anonymous wrote ...

Saturday, Sep 27 at 9:12 AM anonymous wrote ... and 6:20 AM Anonymous wrote ... I'd like to say well spoken, you must know Joe personally

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Tuesday, Sep 30 at 6:20 AM Anonymous wrote ...

Has anyone followed up on, ruled out all the leads they were given.DID ALL THOSE LEADS DISAPEAR KURT,Let's not convict the kid before we have all the facts.

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Tuesday, Sep 30 at 6:14 AM Anonymous wrote ...

Every person that has opened their mouth in a negative manner first has no class, doesn't know what they are talking about and last it puts you in the category alongside Kurt Hameline "Guilty until proven innocent". I wouldn't be to proud to be compared to Hameline.

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Monday, Sep 29 at 6:26 AM Anonymous wrote ...

Anyone making comments that they know what went on in that house, they know about the abuse Joseph took, the person that saw the erratic behavior of Joe that morning please make that call to authorities your statement may be the one to save Joseph . If you dont want to get involved take another look at Josephs picture.

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Sunday, Sep 28 at 9:34 PM confident!!! wrote ...

EVERYONE NEEDS TO LEAVE THIS FAMILY ALONE. NO ONE KNOWS WHAT HAPPENED BEHIND CLOSED DOORS, OR WHAT THE CHILD AND MOTHER WENT THRU. GIVE THE FAMILY THE PRIVACY AND RESPECT THAT THEY DESERVE!

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Saturday, Sep 27 at 9:16 AM Anonymous wrote ...

In response to "8:50 p.m.Your right"- You know nothing aboutJoseph, Josephs mother or any other person in this family.With that being said I suggest for the future when opening your mouth, don't speak unless you know what your talking about

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Saturday, Sep 27 at 9:12 AM anonymous wrote ...

we don't know what really happends behind close doors. i know the family and what about the girlfriend the same night she moved in with the man that lives across the street. joe jr took vacation and gave his notice at work days before joe the lll called twice for 911 and the call was disconnected. the media just wants a story about the privacy of the mother back off with this!!!!!!the public da ,cops and the media what a joke

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Saturday, Sep 27 at 7:57 AM Pro Bono Representation wrote ...

I don's have an opinion either way, but Les Lewis, Esq. if you ever logged on please consider getting to the bottom of this case. If this kid is innocent, your the one who can help him. I don't understand his financial situation, nor is it any on my business, but if the family can't afford representation, please consider taking on this case. Not to get a guilty person off, but if he is innocent to vindicate him and help him to restore his obviously traumatic life!

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Saturday, Sep 27 at 7:56 AM United Wer Stand wrote ...

Vernon and Sherrill PD. Did a great job opening and closing the door for the State Police that day...Thank you.

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Friday, Sep 26 at 11:37 PM 8th students parent wrote ...

whtb should be counting there blessing that nothing happened to my child or others.

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Friday, Sep 26 at 10:11 PM Nana wrote ...

Interrogation by the Police can be very, very frightening for an adult. Can you imagine what the Police did by intimidation to this young boy - until they finally had him so confused he would say anything. The sad part is that unless a family has about $50,000 to pay for a Criminal Attorney that knows what he is doing, the only other attorney available are the Public Defenders which are useless. I will pray that a good local attorney will voluteer his services on a pro bono basis to help.

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Friday, Sep 26 at 8:50 PM your right wrote ...

where was mom? you say she has nice things but the boy must have lived with dad right? mom must have took off or something without these kids for all this nice stuff- i read that she said she is behind him 100% if that was the case she would get rid of her nice things and get a good lawyer.ANOTHER PARENT WHO COULD GIVE A CRAP ABOUT HER CHILD!!! how sad is this they should send her off to the box for 25 yrs to life.

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Friday, Sep 26 at 7:05 PM Meme wrote ...

"Non Bleeding Heart" so you have all the factys and can make that call? Hey is your last name "Dwyer"? You sure sound like it is!

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Friday, Sep 26 at 5:33 PM anoymous wrote ...

i know joe and i belive that he would never ever do this what happend to his father joe didnt do !

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Friday, Sep 26 at 2:28 PM Seems to me... wrote ...

He looks Guilty!!! He didn't even get his story straight to the Po Po. If I came home and my father was shot dead in the head, I'd remember if I happened to pick up a gun and return it to the cabinet. Maybe some of these bleeding hearts would be willing to let this kid live with them. sleep tight.

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Friday, Sep 26 at 1:18 PM Anonymous wrote ...

In respose to parent @9:32a.m. Without a doubt there is a reason everything happens.Maybe that's where Kurt Hameline should be focusing his time rather than playing with Joseph's life to enhance his career.Who's the person that needs a lesson on "adult Behavior"

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Friday, Sep 26 at 1:02 PM OJ wrote ...

If I was on this kids jury I would not convict him......signed OJ Simpson

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Friday, Sep 26 at 12:57 PM Parent of 4 wrote ...

Where was Mom? If this kid was being abused at the hands of his father... Where was Mom? I have seen her on the news and in the papers saying her kid is being set up. The truth is if she did HER JOB as a parent this kids would not be in jail now. They should lock her up with him. I saw her nice house and new car on TV too, not bad...but yet this kid has a pulic defender. Guess if it comes down to a new car or legal fees for the kid...Mom picks the new car...she should be ashamed of herself.

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Friday, Sep 26 at 12:49 PM Non Bleeding Heart wrote ...

Everyone seems to be so hung up on what happens to this kid. Don't forget that a 37 year old man lost his life at the hands of this kid. This little monster put a bullet in his father's head as he slept. Don't be fooled by a sad face. I don't think it was easy for the DA or the police to come to this conclusion. Now all the bleeding hearts will come out and say " Don't pick on this kid he is only 13 and misunderstood" I say give him about 25 years in a 8 x 10 foot cell to let him reflect.

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Friday, Sep 26 at 12:28 PM whitesboro parent wrote ...

Let's not convict the kid before we have all the facts. This is a child and these police have NO physical evidence.Are you telling me these so called trained cops who are known for using lies and deceit to get the answers they want to hear could not a get a 13 yr old boy to admit to this crime for 8 months. If this kid did do this than I'm sure he must have lived a life filled with turmoil. To charge this young child as a adult is absolutely appalling to me and many in the community!!

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Friday, Sep 26 at 11:13 AM WHAT SET THIS OFF wrote ...

DID ANY BODY THINK MAYBE THE FATHER WAS ABUSING THE CHILD IN SOME KIND OF WAY EVERYONE DOE'S NOT KNOW WHAT GO'S ON BEHIND CLOSE DOORS AND ALSO WHERE IS THE MOMMA

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Friday, Sep 26 at 10:28 AM lech wrote ...

I am one of the most cynical people in the world but something about this whole mess just isn't right. I'm not completely convinced the kid did it. If he did there is usually a long, long history of abuse behind such a drastic measure. Hope the kid gets some help if only to recover from the so called justice system.

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Friday, Sep 26 at 10:15 AM Anonymous wrote ...

Did anyone ever think that this could have been an accident and the trauma could have confused this child?

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Friday, Sep 26 at 10:14 AM anonymous wrote ...

I hope that the family gets a good lawyer. This is very sad it is obvious that this boy is scared he is 13

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Friday, Sep 26 at 9:32 AM Parent wrote ...

He is 13. There is a reason why this happened and he should not be tried as an adult. Where is the cut off for this! I am appauled that our Judicial System is doing this. My heart goes out to this young boy.

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Friday, Sep 26 at 9:25 AM anonymous wrote ...

i feel sorry for this child even though what they say he did is wrong this child has a future ahead of him maybe the little boy was afraid to say everything what makes no sense is how did none of the neighbors hear anything but yet they know when he arrived home and if he had troubles in school or anything why did they not get this child help before it has gone this far this is such a sad thing if this child gets life then there should be no plea deals for any criminals whatso ever

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Friday, Sep 26 at 9:16 AM sickening wrote ...

Nice for seasoned investigators to interview again and again a scared kid until he confuses things to the point they feel they can charge him. shameful. It was a suicide, plain and simple. The guy quit his job and threatened suicide in the past and now the poor kid is the scapegoat.

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Friday, Sep 26 at 8:36 AM Hope wrote ...

I hope this kid gets some decent legal representation- the police in central NY do not deal with crime scenes like everyone sees on tv- they do not have the experience or the equiptment. Now based on a nervous little boy's discrepencies he is charged and his photo is paraded around the local media- sounds like the father had a host of problems to be examined and it seems like the boy knows gun safety.

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Friday, Sep 26 at 8:28 AM ANONYMOUS wrote ...

I HOPE THIS CHILD GETS LIFE IN PRISON FOR DOING THIS TO HIS FATHER. OF COURSE THE MOTHER IS GOING TO STICK UP FOR HER SON BECAUSE SHE PROBABLY DIDN'T HAVE ANYTHING TO DO WITH HIM ANYMORE. HOW WOULD SHE LIKE TO HAVE BEEN THE ONE SHOT!!!!!!!!!!!!!!!!

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Friday, Sep 26 at 1:09 AM Pepe Ed wrote ...

Regardless of the outcome, the COURTS have scarred this young man for life - hope it haunts them forever

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