Times-Herald (Vallejo)

Jury finds Vaca man, 46, guilty of attempted murder in 2018 case

- By Richard Bammer rbammer@thereporte­r.com @REBammer on Twitter Contact reporter Richard Bammer at (707) 453-8164.

After three days of witness testimony, attorneys’ final arguments and five hours of deliberati­ons, jurors on Wednesday found a 46-year-old Vacaville man guilty of trying to kill another man two years ago in Vacaville.

The panel of six men and six women agreed that Joseph Michael Finocchio, an ex-con, was guilty of attempted murder without premeditat­ion when he shot and wounded James W. Mason, also an ex-con, on Jan. 20, 2018 in the North Village subdivisio­n. Their violent face-off was reportedly prompted by Mason’s befriendin­g Finocchio’s exgirlfrie­nd, Nancy Ottinger.

Sitting at the defense table, Finocchio, showed no outward reaction to the jury’s verdict in Judge Stephanie Grogan Jones’ courtroom in the Justice Center in Fairfield.

When sentenced on Feb. 18, he faces as much as 43 years in state prison because of his prior felony record and enhancemen­ts, including the use of a firearm.

Jurors believed the prosecutio­n’s case argued by Deputy District Attorney Young Kim, who got a witness to testify that the firearm used in the shooting was an unregister­ed .22-caliber Browning semi-automatic handgun.

The firearm was an element in an “old story,” as Kim said in his closing argument last week, that was about “love, break-up, anger, jealousy” and enough jealously that contribute­d to Finocchio’s firing several shots at Mason, one of them striking him in the chest, near the intersecti­on of North Station Drive and Twilight Street.

He noted that Finocchio and Mason had engaged in a fight on Jan. 18, reminded jurors that a witness heard Finocchio say on Jan. 19 that he would kill Mason and Ottinger if he saw them both again and asserted that evidence showed that Finocchio fired three rounds into a vehicle driven by Mason during the late hours of Jan. 20.

Kim also said that two police investigat­ors who interviewe­d Mason later in a Kaiser Permanente Vacaville Medical Center emergency room said Mason identified Finocchio as the shooter.

The attorney then briefly discussed circumstan­tial evidence in the case, including investigat­ors finding the .22-caliber handgun in a dog food bin in a residence on North Station Drive.

Pointing to Finocchio, Kim said, “The evidence is clear — the defendant was the shooter.”

He also showed a neighbor’s front-door surveillan­ce video that showed Mason driving down Twilight Street, with the microphone picking up three distinct gunshot sounds.

In a challenge to Kim, defense attorney Curtis Boyd, using a computer-aided slide presentati­on, asserted that the prosecutio­n had not proved the case beyond a reasonable doubt and that Mason had a criminal history that includes assault, theft, possession of a firearm, evading police and was on probation at the time of the shooting.

Mason, who could not be located to present testimony, also admitted to being an alcoholic and methamphet­amine addict during a 2019 preliminar­y hearing, when he was in jail on another charge, Boyd said.

Boyd cited conflictin­g evidence and witness credibilit­y — Ottinger, who had ended a six-year relationsh­ip with Finocchio before befriendin­g Mason, admitted to being high on drugs on Jan. 20 — and other witness testimony “generated many more questions than answers.”

At one point, Boyd appeared to suggest that Mason may have initiated the gunfire on Jan. 20, questioned the police investigat­ion and concluded that the charges against Finocchio “demanded a thorough investigat­ion that was never completed.”

In the end, the jury found the evidence weighed against Finocchio.

Finocchio was initially charged with attempted murder and possession of a controlled substance. He also was booked on an outof-county, no-bail warrant citing excessive speed on a highway and driving without a license.

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