CASPER — A 44-year-old Casper man who blurted out “I killed somebody” during a prior court hearing was found guilty of second-degree murder Wednesday.
It took a jury about two hours to convict James Mavigliano of strangling 28-year-old Chance Arias to death with a lamp cord at a Caper motel May 5.
Jurors also found Mavigliano guilty of drug possession charges.
Evidence during the trial, which began Monday, showed escalation and not self-defense, Natrona County Deputy District Attorney Blaine Nelson argued during his closing argument Wednesday.
But Mavigliano’s attorney told the seven-man, five-woman jury that the facts of the case showed that Arias was the “aggressor.”
Arias was “willing to swing at a stranger who is just trying to leave,” Steve Mink, defense attorney argued in his closing statement.
Nelson asked the jury to pay attention to facts introduced in the trial that showed an escalation of violence as the defendant and victim fought over what Mavigliano told police was a seven-minute struggle.
Disrespect To Victim
Nelson said trial evidence showed the entire incident began when Mavigliano’s friend, Amber Cook, invited him to Arias’ Topper Motel room in the 700 block of East A Street in the early evening of March 5.
The prosecution characterized Mavigliano during the visit as going from a welcome guest to someone who disrespected Arias by pulling out a meth pipe and smoking meth in front of him.
Nelson said Cook also had smoked meth in the room, upsetting Arias. Testimony from motel owners revealed they had reminded Arias about the no-smoking and visitor rules.
Mavigliano told police he confronted Arias about chastising Cook for smoking in the room but had nothing to say to him as he smoked.
The Video
Video evidence introduced at trial showed Mavigliano telling police it was when he got up to leave the motel that Arias blocked his way and then lowered his shoulder as if to swing on him.
Nelson said the only evidence that Arias tried to swing at Mavigliano was Mavigliano’s own words. He argued Mavigliano was likely not in reality after smoking meth and quoted the defendant’s own words to police: “I was so high on meth I oversaw it.”
Nelson argued Mavigliano told police that he “stepped into” Arias when he perceived his shoulder drop to signal Arias was about to punch him when he tried to leave the motel.
Not Self-Defense
The prosecutor told jurors Mavigliano’s five or six punches, followed by use of a lamp and then the lamp cord to subdue Arias, was escalation and not self-defense.
Mavigiliano’s statements that he knew how to box and never saw Arias as a threat also showed he was not concerned about defending himself.
Self-Defense Argument
Mink argued that Mavigliano saw the punch coming and had the right to defend himself.
“The state makes a big deal that Mr. Arias never landed a punch,” he said. “You only need fear that you are about to be attacked. James saw him swing and reacted. The law does not require the aggressor to a competent assailant.”
Mink said DNA evidence on an A&W bottle brought to the motel room by Mavigliano showed DNA from both Mavigliano and Arias — showing the friendly nature of the visit.
“If (Arias) had not taken a swing at James, we wouldn’t be here,” he said.
Mink recounted Mavigliano’s statement to police that he kept telling Arias to “chill” as the two fought and that the victim kept fighting and saying “f*** you.”
‘He Hurt What I Loved’
Evidence introduced in the trial and quoted by Nelson showed that Arias had a high alcohol content in his body, which Nelson also used to argue that Mavigliano did not need to escalate the violence to subdue the victim.
He also emphasized that the meth Mavigliano smoked skewed his perception about Cook’s status at the motel with Arias.
Nelson quoted a statement by Mavigliano to police that, “I killed him because he hurt what I loved” as further evidence that the defendant did not act in self-defense.
Cook testified at trial that she considered both Arias and Mavigliano as friends and that she was “shocked” when she learned Arias had died. She told the court she blacked out after heavy drinking and could not remember much about the fight and events in the room March 5.
Mavigliano, wearing a black pin-striped suit and white shirt and tie, stood beside his attorney as the verdict was read. He then shook the defense teams hands as a man in the courtroom shouted out “enjoy that period of incarceration you piece of f***ing shit.”
The man was escorted out by deputies.
Justice
Julian Arias, the victim’s older brother, sat through the trial and said he believed justice was served. He characterized his brother as someone who “was just loved.”
Second-degree murder carries a potential 20 years to life prison term, while the possession of a controlled substance charge carries a penalty of up to 12 months in jail and a $1,000 fine. Judge Forgey ordered a pre-sentence investigation.
Dale Killingbeck can be reached at dale@cowboystatedaily.com.
