Opening statements to begin in mistaken identity murder trial

The choice of "mistaken identity" in the title implies that, if the neighbor WAS a RSO it would be OK to kill him. Poor choice of words..

4-5-2012 florida:

ORANGE COUNTY, Fla. — Opening statements are expected to begin Thursday in the trial of an Orange County man accused of a mistaken identity murder.

Prosecutors said Michael Garay and another man killed his 79-year-old neighbor because he thought he was a sexual offender.

It's been two years since investigators say that Garay and his friend Robert Pascale beat 79-year-old Hugh Edwards to death.

After Pascale was caught by deputies hiding in the mud, he even admitted to his role in the alleged crime to WFTV.

"What did you do to him?" WFTV asked.

"I hit him twice with a bat. That was it," replied Pascale.

Investigators said Garay and Pascale were drunk and angry when they attacked Edwards, who they thought was a sex offender, but it turns out he was not.

Pascale hit Edwards with the bat and then threw it into the woods, police said.

Detectives also said that both of them also disposed of bloody clothes, information the prosecution is expected to share.

Pascale will face a judge later in a separate trial.

At one point on Wednesday Garay wanted to defend himself. WFTV found out that is because he tried to fire his defense attorney. But Judge Mike Murphy ruled that Garay's arguments were not legally sufficient.

Prosecutors offered Garay a plea deal, which would put him in prison for 33 years, but he turned it down and now he's facing life behind bars if convicted.

WFTV will have a crew in the courtroom before opening statements begin at 8:30 a.m. ..Source.. by wftv9.com

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Trial starts in elderly man's baseball bat beating death

4-11-2012 Florida:

One of two men charged in the killing of an elderly Bithlo resident beaten to death almost two years ago faces trial this week in Orlando on a murder charge.

Deputies found Hugh Edwards, 78, dead in a trailer in Bithlo on May 12, 2010, after a woman who lived nearby called to report she thought two men she knew had killed him.

She had been drinking with Michael Garay, 33, and Robert Pascale, 22, an arrest report states, when Garay asked her what she would do if she lived "next to a sex offender."

Her response, the report states: I would kill him.

Soon after the conversation, the woman told deputies, she saw the two men enter Edwards' trailer and heard thumping sounds coming from inside.

An arrest report states the men later ditched a baseball bat used to beat Edwards and their bloody clothes in a wooded area. Edwards, records show, was not a sex offender.

Garay's trial began Wednesday with jury selection before Circuit Judge Mike Murphy. Opening statements are expected early Thursday. ..Source.. by Jeff Weiner, Orlando Sentinel

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Man convicted in Bithlo baseball bat murder

4-12-2012:

After a trial that lasted several days, a jury today returned a murder conviction for Michael Garay, one of two men accused in the beating death of an elderly Bithlo man almost two years ago.

The jury began deliberating about noon Wednesday, and returned its verdict this morning. Garay was also convicted of accessory after the fact. He faces life in prison.

Hugh Edwards, 78, was found dead in a trailer in Bithlo in May 2010. Garay and co-defendant Robert Pascale are accused of beating him to death with a Louisville Slugger.

According to testimony, the men mistakenly thought Edwards was a child molester.

Before deliberations, Prosecutor William Jay showed the jury Edwards' driver license.

"This was a senseless beating of a little old man," Jay told jurors. "Why? Because a few people thought he was a sex offender."

Jay described the injuries suffered by Edwards before showing jurors a photo of his bloody corpse, collapsed on a broken, overturned tabletop on the floor of his trailer.

"He was struck with a bat hard enough that his head actually caved in," Jay said.

The defense, however, argued that the state failed to prove not only that Garay had a hand in Edwards' killing, but that Garay was even in Edwards' trailer.

Garay's defense lawyer, Joseph Haynes Davis, told the jury that it was Pascale that killed Edwards. Any actions Garay took, Davis said, were for fear of Pascale.

It remains unclear why the men suspected that Edwards, who had no criminal history, was a molester.

During the trial, jurors heard multiple witness accounts of the night of the killing, as well as DNA and other forensic evidence. Pascale is currently awaiting trial on a murder charge. ..Source.. by Jeff Weiner, Orlando Sentinel

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Bithlo man guilty of beating 78-year-old man to death

7-19-2012:

ORANGE COUNTY, Fla. — A Bithlo man will spend the rest of his life in prison for beating to death a 78-year-old man he mistakenly thought was a sex offender

Robert Pascale, 22, had no reaction on Friday as the judge read the “guilty of first-degree murder’’ verdict in the 2010 slaying of Hugh Edwards. The sentence carries a mandatory life sentence.

Prosecutors said Pascale and Michael Garay, who had previously been convicted, beat Edwards to death with a baseball bat in May 2010 because they thought he was a sex offender.

On Friday, paramedics had to be called to Orange County Courthouse after Ruth Pascale, the defendant’s mother, was overcome with emotion and collapsed on the courtroom floor. She did manage to walk out of the courthouse on her own.

Moments after the verdict, Robert Pascale said as he was being led away, "It's not over until God says it is. I'm still coming home."

Prosecutor William Jay emphasized during closing arguments that Pascale admitted several times, including in an interview aired on WFTV, that he beat Edwards with a baseball bat.

Pascale’s attorney, Roger Weeden, argued that his client was only guilty of aggravated assault and not premeditated murder. Weeden said Pascale chose not to testify in his own defense because prosecutors could have then asked him about his prior felony convictions for robbery, battery and grand theft.

Garay is already serving a life sentence. ..Source.. by WFTV.com

Police: One person shot dead at Garfield Heights gas station

2-27-2011 Ohio:

GARFIELD HEIGHTS, Ohio - Garfield Heights Police said a man was fatally shot by officers after lunging at them with a billy club at a gas station Friday night.

The Cuyahoga County Coroner's office has identified the victim as 50-year-old Sylvester Gavin.

The incident happened just before 9 p.m. at the Marathon in the 14200 block of Broadway.

Police said Gavin entered the gas station and started eating candy and drinking alcohol.

According to police, the suspect had a billy club and was acting strangely. Police ordered the suspect to put the weapon down and get on the floor.

Gavin obeyed the command but then grabbed the club, rose from his knees and lunged at the officers. At that point, the officers fired five rounds at Gavin.

Gavin was taken to Marymount Hospital where he died from his injuries.

Garfield Heights police Capt. Robert said officers do not carry tasers.
Officers went to Gavin’s residence after the incident and found his front door wide open with loud music playing.

According to police, upon entering the residence, officers found the bathtub overflowing and the home flooded.

Gavin had a warrant out for his arrest in Garfield Heights. He had been arrested several times for serious felonies in the past 30 years and was a registered sex offender. ..Source.. by Curtis Jackson

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Fuming: Family members demand answers from cops following fatal shooting

2-27-2011 Ohio:

GARFIELD HEIGHTS, OH (WOIO) - A shooting victim's family wants answers from Garfield Heights Police this weekend following a deadly incident.

This, after police were called to the Marathon Gas station on Broadway and McCracken Friday around 8:15 p.m. when witnesses say Sylvester Gavin, 50, was reportedly acting strange.

Witnesses told police that he was opening and drinking beer, among other things.

Officers arrived on scene and noticed aGavin had a billy club and a knife, so they told him to drop his weapons. Gavin complied, but when officers went to take him into custody he picked up his bat and lunged at officers. That's when two officers fired five shots at Gavin.

Now, family members want to know why police had to shoot their loved one five times. They admit Gavin has done wrong in the past, but the way he died was "overkill" and say "we need to know why they had to shoot him that many times."

"He's not no angel...but he's still a good person. He doesn't deserve to die like he did" said Gavin's nephew Farrell Patterson.

Both officers have been placed on administrative leave.

Gavin has an extensive criminal history including serious felonies. He was also a registered sex offender. ..Source.. by Web Staff WOIO

El Paso man dies after alleged sexual assault attempt

8-18-2010 Texas:

EL PASO -- An alleged sexual assault led to the death of a man after he was hit with an aluminum bat.

Albert Aguirre, 46, of the 2900 block of Mobile Avenue in Central El Paso, died Wednesday of injuries he received when he was hit with a bat by another man about 3 a.m. Saturday, police said. The man who hit Aguirre has not been named by police. A woman told the El Paso Times that the man was a relative protecting her from Aguirre.

Police said they were responding to call that morning about a sexual assault in progress when they found Aguirre lying in the 3000 block of Mobile Avenue.

Aguirre had severe injuries to his head, police said. Witnesses told police that Aguirre's injuries were the result of a verbal confrontation that escalated into a physical attack, police said.

Police said Aguirre was taken to University Medical Center. He was on life support until he died Wednesday, police said.

A 27-year-old woman who lived several houses away from Aguirre alleged that he tried to sexually assault her in her bedroom early Saturday morning. The El Paso Times does not name alleged victims of sexual assault.

"He was under the influence of alcohol and drugs and was trying to rape me. He put his hands under my skirt and tried to touch my private parts," she said.

The woman said she tried to fight Aguirre off while he was touching her and was eventually able to push him out of her room and into the street.

While they were in the street, Aguirre started punching her, she said.
The woman said a relative came to help her. The relative tried to help her push Aguirre away, which enraged Aguirre, she said. Aguirre grabbed the relative by the neck, she said.

That relative then grabbed an aluminum bat and swung it once -- a blow that was enough to take Aguirre down -- she said.

Aguirre lay in the street until police arrived, she said.

The woman said she knew Aguirre and his relatives socially. They have been harassing her and her family ever since the incident, she said.

On Wednesday afternoon, Aguirre's family members were gathered in his front yard drinking and talking. They were angry and upset when news reporters attempted to speak with them.

The woman said that Aguirre's family had already been to her house once on Sunday and that she was afraid they might try to retaliate against her.

"They're saying that I invited him over, and I'm like, come on. What am I going to do with a 46-year-old man?" she said.

The woman said that her heart goes out to Aguirre's family even though she felt threatened by them. "I am so sorry for what they're going through. I wish this would have been different," she said. ..Source.. by Maggie Ybarra

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Update: Man Killed With Bat Has Criminal History

Albert Aguirre Has Nine Convictions, Served At Least Seven Years In Prison

EL PASO, Texas -- Update:

ABC-7'S I-Team uncovered Albert Aguirre's criminal history. He is the man killed Saturday morning with a bat after he allegedly tried to rape a woman. Court documents show he has spent at least seven years in prison and has nine criminal convictions.

- ROBBERY (convicted, 1986)

- POSSESSION OF MARIJUANA (convicted, 1987)

- EVADING ARREST (pleaded guilty, 1999)

- DWI (pleaded guilty, 2006)

- HARASSMENT (pleaded guilty, 2007)

- POSSESSION OF CONTROLLED SUBSTANCE (pleaded guilty, 2008)

- DWI (pleaded guilty, 2008)

- BURGLARY OF A BUSINESS (convicted, no date specified)

- DELIVERY OF MARIJUANA (convicted, no date specified)

Previous Story:

An El Paso woman said she would have been just another rape victim if another man hadn't stepped in, grabbed a bat and started swinging at her alleged attacker.

Nearly four days later, that alleged attacker was taken off of life support on Wednesday after suffering severe head injuries. The incident happened just before 3 a.m. Saturday on Mobile Avenue in Central El Paso.

"I feel very bad because I've gone through this before," said the 27-year-old El Paso victim. She did not want to be identified because she said she is afraid of retaliation. She said the attack happened after she left a bar.

The man, whom police have identified as 46-year-old Albert Aguirre forced his way through her front door. Aguirre lived just down the street from the woman. She said he has a violent history, including a previous rape charge.

"I went toward the door and struggled with him as he was trying to take my clothes apart, putting his hand under my skirt, touching my private parts," the woman said. "I could smell the liquor and the alcohol on him and he smelled like marijuana."

She also said the man was covered in vomit and urine as she fought to push him down the driveway and into the street. The woman said a man, whom she did not want to identify, but who lives in the neighborhood heard her screaming for help.

"A person came outside to help me and take him off me," she said. "That person while defending me caused Albert Aguirre injuries so bad that it caused his death."

She said her attacker started choking the man when he grabbed a bat and swung - just once - at her attacker. Police said he suffered severe head injuries.

"I thank that person who helped me because if it wasn't for that person I just would have been another rape victim again and who knows if he has AIDS or if he would have gotten me pregnant again," she said.

Since the incident, the woman said she has been threatened several times by Aguirre's family.

"Knowing that you can't live in your home where home is supposed to be peace and safety and now we can't have that," she said. "I want to say to the family that I am so sorry for what they're going through. But I say to the family to also put themselves in my shoes and put themselves in that person's shoes who defended me and I think any person would have done the same thing."

So far, no charges have been filed in the case but Crimes Against Persons is investigating Aguirre's death. Aguirre's family refused to comment about the incident. ..Source.. ABC-7 Reporter Marissa Monroy