Nappi found guilty; could spend remainder of life in prison
Story Created:
Feb 26, 2010 at 3:39 PM EST
Story Updated:
Feb 26, 2010 at 5:53 PM EST
HERKIMER, N.Y. (WKTV) - A paroled local killer learned Friday that he could end up spending the rest of his life in prison.
A Herkimer County jury took about four hours on Friday to convict Donato Nappi of third-degree criminal possession of a weapon - a lower-level D felony, carrying a maximum prison sentence of up to seven years in prison.
However, because Nappi is still on parole for the 1980 murder of Dawn Grillo of Utica, he will not automatically be released from prison, even if he serves the maximum seven years. His freedom would then be at the discretion of a parole board.
Nappi's attorney Christopher Pelli said the prospect of spending the rest of his life in prison is a concern for the 67-year-old.
"Certainly I think that's one of the things my client was concerned about is dying in prison," Pelli said. "I think what he wanted to do here was live a few years outside."
Nappi's trial on the same charge ended with a hung jury back in January. The 12 jurors couldn't agree on a verdict, so Nappi went free.
Prosecutor Scott Klosner said there was some new evidence at this trial which might have helped jurors reach a verdict.
"There was some additional evidence, a couple of additional witnesses," he said. "There was additional DNA evidence. "
Nappi will be sentenced March 15 in Herkimer County Court, and his attorney is already planning an appeal.
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