Washington Twp. man charged with murder in wife’s death faces lawsuits
A 46-year-old Washington Township man charged with murder in the shooting death of his wife is a defendant in two lawsuits over the incident and a third unrelated lawsuit.
Matthew Mollicone is scheduled to appear in front of Judge Matthew Sabaugh in Macomb County Circuit Court next Wednesday on a first-degree, felony murder charge in the shooting death of Kimberly Mollicone, 49, in Ray Township where he went to confront a man who had a relationship with his wife.
Kimberly Mollicone was shot in the driver’s seat of their vehicle last July 12 during a shoot-out between Mollicone and the man, Daniele Giannone, 36 at the time.
Giannone sued Mollicone in circuit court 10 days after the incident on allegations of assault, battery and intentional infliction of emotional distress.
Michelle Filias, representing Kimberly Mollicone’s estate, sued Mollicone and Giannone last August, claiming negligence and assault and battery by each defendant. Both cases are pending. The incident occurred about 9:30 p.m. when Matthew and Kimberly Mollicone drove in a Jeep Cherokee to Giannone’s home on
North Avenue in Ray Township to confront Giannone. Matthew insisted Giannone stop contacting his wife.
According to police and prosecutors, Mollicone entered the garage and approached Giannone, who was cooking on a barbecue grill. Mollicone yelled to stay away from his wife while lifting his shirt and reaching for a firearm in his waistband. Giannone reached for his handgun and fired over his head as a warning shot and told him to leave.
The men exchanged gunfire, and Giannone was shot in the foot, officials said. Giannone ran into the house, and Mollicone chased him and continued to shoot, striking Giannone in the leg, officials said.
Mollicone left the house and pointed the gun at Giannone’s sister outside the front of the house, officials said. He entered the passenger seat of the Jeep, with Kimberly Mollicone in the driver’s seat, officials said. Mollicone stuck his gun out an open window and fired at Giannone who returned fire. Officials said one of his shots struck Kimberly Mollicone in the neck.
Investigators for the Sheriff’s Office said they found more than 30 shell casings at the scene from three weapons.
The underlying offense to warrant the felony-murder charge against Mollicone is home invasion. In addition to felony murder, which carries a mandator penalty of life without parole, Mollicone is also charged with attempted murder for shooting Giannone, assault with a dangerous weapon for pointing the gun at Giannone’s sister, carrying a weapon with unlawful intent and possession of a firearm during the commission of a felony.
Giannone was not charged due to his claim of self defense.
Mollicone is one of eight defendants, including former Macomb County public works commissioner Anthony Marrocco, in a 2020 lawsuit by four plaintiffs regarding the payout or lack of a payout related to a prior lawsuit over the closed Burning Tree Golf and Country Club in Macomb Township.