Deadly shooting case won't go to trial
Family objects to the defendant's voluntary manslaughter plea in 2021 Campbell fatality
CAMPBELL >> The prosecution of a deadly shooting from a 2021 roadside clash between a pedestrian and motorist has ended in a voluntary manslaughter plea, after attorneys and the court expressed doubt about the prospects of a murder conviction at trial.
Nickolas James Ammann, 20, entered the plea Feb. 14 in a San Jose courtroom after reaching an agreement with the Santa Clara County District Attorney's Office. Ammann shot and killed 42-yearold Greg Cirimele on the morning of Nov. 2, 2021, on West Sunnyoaks Avenue in Campbell.
Pending final approval by a judge at a March 20 sentencing hearing, he will be sentenced to nine years in prison. After accounting for the roughly twoand-a-half years in county jail he has already served, he would be eligible for parole after serving around five years.
According to a probable cause affidavit written by Campbell police — and later corroborated at the preliminary hearing — an eyewitness reported seeing a blue Saturn stopped in the middle of the eastbound lane of Sunnyoaks. The person said they saw a man, later identified as Cirimele, walk up to the driver's side of the Saturn and “start throwing punches at the driver through the car window.”
The witness saw the Saturn driver, since identified as Ammann, fire three to four rounds at Cirimele, then speed away as Cirimele, who was hit twice in the chest, lay on the roadway. Later investigation and testimony indicated that Cirimele appeared to be yelling at Ammann to slow down on the street, leading to the fatal confrontation.
Ammann's plea coincided with his second arraignment following a preliminary hearing in December. But while Judge David Cena found probable cause for the murder charge to proceed toward trial, he also recognized that there was a factual basis for a self-defense argument.
Cirimele's family and friends were on hand for the plea and objected to the agreement for its leniency in light of the homicide and the fact that Ammann was illegally carrying a gun. The victim's family did not respond to an email seeking comment.
Deputy District Attorney Carolyn Malinsky said she understood the family's sentiment, but added that “complex facts and evidence” stood in the way of a murder conviction. Among those elements were witness testimony and video evidence showing Cirimele taking his shirt off and yelling and advancing toward Ammann's car.
“I empathize with the family, and the pain and frustration they must feel. Losing someone in this violent and sudden manner is heartbreaking,” Malinsky said in an interview.
But Malinsky emphasized that Ammann is not eluding accountability: Six years of the prison sentence come from the manslaughter conviction, while three years come from a sentencing enhancement for using a gun.
“This resolution recognizes he committed a crime and illegally had a loaded gun,” Malinsky said. “Sometimes you reach a resolution that doesn't make everybody happy. We are trying to find the just result based on those facts and the law, and our standard of proof in a jury trial. The fair and just resolution was voluntary manslaughter.”
Ammann's attorney, Lindsey Dazel, aligned with Malinsky's assessment: “I believe we have come to a fair disposition.”