From Filiaggi’s appeal: On January 24, 1994, defendant took a $1,000 cash advance on his Visa card. He left $600 to $700 with his girlfriend, Tracey Jones. At approximately
10:45 p.m., the Lorain Police Department dispatcher received a call from Ms. Filiaggi. The call was tape-recorded. Ms. Filiaggi told the dispatcher that her ex-husband, defendant, was at her back door and was breaking into her house. Defendant broke down the door and entered the house. Still carrying the telephone, Ms. Filiaggi fled out the front door. A neighbor, Robert Mutnansky, who lived two doors away, saw Ms. Filiaggi standing in the yard of the intervening neighbor and frantically looking around. Another neighbor was awakened by someone screaming, “God help me, someone, please, help me, he’s going to kill me.” Ms. Filiaggi saw Mutnansky looking out the window and ran towards his front door. He let her in, and Ms. Filiaggi told him that her ex-husband was after her with a gun. She looked petrified and ran past him while Mutnansky locked the door behind her.
Moments later, Mutnansky heard a couple of bangs on the door and the door came crashing in. Defendant had a gun in his hand and asked Mutnansky where she went. Mutnansky said he did not know, and defendant told Mutnansky to help find her. They both started down the hallway. When they came to a linen closet, with the door partially open, defendant opened the door and found Ms. Filiaggi. Defendant was very angry and pulled Ms. Filiaggi from the closet by the arm and swung her into the bathroom, which was across the hall from the closet. There was a struggle. Mutnansky heard defendant tell Ms. Filiaggi, “This will teach you to fuck with me,” and then heard two shots fired.
Although shot in the shoulder, Ms. Filiaggi was able to get away and run across the hallway into one of the bedrooms. Mutnansky, standing partially in one of the bedrooms, was pleading with defendant not to shoot her. Mutnansky was in another bedroom and defendant told Mutnansky to close the bedroom door and stay out. Mutnansky again heard defendant tell Ms. Filiaggi, “This will teach you not to fuck with me” and heard two more shots. Mutnansky then heard footsteps down the hallway. Mutnansky came out of the bedroom and saw Ms. Filiaggi slumped against the wall. She had been shot in the head. Mutnansky attempted to call 911, but noticed a policeman coming through his front door.
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State of Ohio v James Filiaggi 1999 (conviction and sentence affirmed)
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