Vacaville man to face sen­tenc­ing for at­tempted mur­der

Times-Herald (Vallejo) - - LOCAL NEWS - By Richard Bam­mer rbam­mer@there­ @REBam­mer on Twit­ter

A Solano County Su­pe­rior Court judge has sched­uled a Tues­day sen­tenc­ing for a 46-year-old Vacaville man and ex-con found guilty in Jan­uary of try­ing to kill an­other man two years ago in Vacaville.

Joseph Michael Finoc­chio faces as much as 43 years in state prison be­cause of his prior felony record and en­hance­ments, in­clud­ing the use of a firearm.

When he ap­pears at 8:30 a.m. in De­part­ment 5 in the Jus­tice Cen­ter in Fair­field, Judge Stephanie Gro­gan Jones will con­sider a Romero mo­tion by his de­fense at­tor­ney, Cur­tis Boyd, who will ask the judge not con­sider prior strikes as part of the sen­tenc­ing.

A jury of six men and six women on Jan. 22 agreed that Finoc­chio com­mit­ted an 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.

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, 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, re­mind­ing 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.

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