Vacaville man to face sentencing for attempted murder
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.