Bonacci murder suspects pleads not guilty, prosecutors will not seek death for alleged shooter BY JOSEPH KOHUT AND DAVID SINGLETON (STAFF WRITERS) Published: November 2, 2013 Jason Dominick will not face death if convicted of first-degree murder. Shortly after the two Scranton men charged in the fatal shooting of Frank Bonacci entered pleas of not guilty in Lackawanna County Court, the prosecution announced Friday they will not seek the death penalty. Neil Pal, 23, 1419 Linden St., entered the plea during his 20-minute formal arraignment before Judge Terrence Nealon. Mr. Dominick, also 23, of 3312 Olyphant Ave., entered his not guilty plea later in the day. Assistant District Attorney Bill Fisher said in court that the Lackawanna County district attorneys office will not pursue the death penalty against Mr. Dominick, who they allege pulled the trigger, because there are no aggravating circumstances that allow for capital punishment. Both are accused of killing Mr. Bonacci, 24, of Dunmore, in late July after an all-night party at Mr. Pals house. The victim, who was shot once in the back of his head, was found inside his vehicle in a ravine near Roaring Brook about a week later. Standing in front of the bench with his attorney, Paul Walker, Mr. Pal replied, Not guilty, your honor, each time as Judge Nealon detailed the four counts against him: first-degree murder, third-degree murder and associated conspiracy charges on both of the murder counts. Speaking via a video uplink from the Monroe County Correctional Facility a few hours later, Mr. Dominick declared he was not guilty of the six counts against him: first-degree murder, third-degree murder and associated conspiracy and accomplice charges. Prosecutors said at the suspects preliminary hearing that Mr. Dominick was the triggerman in the slaying and that they plan to pursue the murder charges against Mr. Pal as an accomplice. By virtue of that, Mr. Dominick would have been the only one eligible for the death penalty, if the crime had circumstances permitting it. In seeking capital punishment, the crime must have certain aggravating factors associated with it, District Attorney Andy Jarbola said. In Pennsylvania, there are 18 factors that can warrant death upon the conviction of first-degree murder. Generally, an aggravating factor would make the act of first-degree murder more egregious. For example, if the prosecution could prove to a jury that the murder was especially heinous and depraved, or if it involved another violent felony, such as robbery, kidnapping, rape or arson, then the defendant could be sentenced to die. Mr. Bonaccis murder did not contain such factors, Mr. Jarbola said. Not every murder is a capital murder, Mr. Jarbola said. Judge Nealon told Mr. Pal, who is being held without bail in the county jail, that Mr. Walker has filed a motion for bail in the case. A hearing to determine whether or not Mr. Pal should be eligible for bail is set for Nov. 25. Mr. Dominicks attorney Bernard Brown said he would not file a motion for bail on behalf of his client. Mr. Dominick is also being held without bail. Aside from assuring that the death penalty is off the table, Friday marked an important day for Mr. Dominick and Mr. Pal. Each could say for themselves that they did not commit the crime. Its important Jason gets an opportunity to affirmatively say hes not guilty, Mr. Brown said. Both are set to be tried together. The murder trial is scheduled to begin on Feb. 24. Contact the writer: jkohut@timesshamrock, dsingleton@timesshamrock
Posted on: Sat, 02 Nov 2013 04:41:55 +0000
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