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Criminal Law Keyed to Ohlin
State v. Castagna
Citation:
376 N.J. Super. 323, 870 A.2d 653 (2005)Facts
On October 23, 1999, Bennett Grant, a black man, was out with a friend at a bar. Witnesses’ accounts of what transpired varied widely, but there was a general consensus that there was some time of confrontation between Grant and Arias. After which ich a crowd, that included the defendants, surrounded Grant. Grant broke free and ran towards a bridge, with a crowd chasing him. The crowd turned into a raging mob and a witness heard the mob yelling “Get him. Kill him. Fuck’em up. Get his black ass.”
The mob eventually reached Grant. They kicked him, stomped him, and beat him as he laid helplessly on the ground. Jean Morales grabbed a 25 pound brick was also dropped on his head. He did not survive the attack.
The State indicted several people and some of them pled guilty and negotiated plea bargains. The defendants, Jean Morales, Josephine Castagna, and Thomas D’Amico went to trial and were found guilty of various charges. Morales was convicted of murder. He appealed.
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