Defense claims witness is killer

Erica D. Johnson

Wednesday, Nov. 19, 2003 | 9:25 a.m.

Attorneys representing the local man facing a possible execution in the shooting death of a 20-year-old woman told jurors Tuesday that a key state witness is actually the man who pulled the trigger.

Joseph Antonetti, 27, faces a first-degree murder charge in the death of Mary Amina and an attempted murder charge in the shooting of her boyfriend, Danny Stewart, 30, who was wounded but survived.

Testimony in the trial began Tuesday before District Judge Joseph Bonaventure.

Authorities say Antonetti and a man named Michael Bartoli had gone to the couple's apartment in search of some of Bartoli's belongings when they got into a heated argument with the couple and Antonetti opened fire.

But defense attorneys say the wrong man is charged in the killing. They told jurors that Bartoli was actually the shooter.

"The state has charged the wrong man," Pete Christiansen said in his opening argument. "Mr. Bartoli has motive, opportunity and reason. The state of Nevada decided to let a murderer go."

Bartoli, who is in custody at the Clark County Detention Center on unrelated burglary and robbery charges, maintained his innocence in the slaying during testimony Monday.

He told jurors he had gone to the couple's apartment trying to contact Sean Whited, an ex-boyfriend of Amina's who had stolen some of his belongings. The items in question included a sawed-off shotgun, he said.

The couple told him they would try to help him find the person who had the items and told him to come back later that night, Bartoli said. When he returned, Bartoli brought Antonetti with him.

An argument began, Bartoli said, and Antonetti pulled out a gun from under his shirt and one from his pants.

"The next thing I know I hear Antonetti say, 'Oh yeah' and he pulls out another gun," Bartoli said. "I hear pop, pop, pop, pop. And I watched them both fall in front of my eyes."

Bartoli's testimony helped outline for jurors the state's theory on the chain of complicated events that led up to Amina's Dec. 1, 2002, killing.

In her opening statement, Clark County prosecutor Pam Weckerly described Antonetti as a cold-hearted killer who is quick to pull a trigger when aggravated.

"Had the defendant not been there, it probably would have been nothing more than a shouting match," she said. "He turned it into a homicide."

Weckerly said Antonetti is charged in a similar crime in which he allegedly opened fire on another woman following a dispute. Police say Antonetti shot Susanna Smith when she asked him to move out of the room he was renting from her.

Weckerly said the gun used to shoot Smith was the same gun used to shoot Amina and Stewart. Antonetti faces a separate trial in connection with Smith's shooting.

Stewart, who has recuperated from his wounds, also testified on Monday. He corroborated much of Bartoli's testimony, identifying Antonetti as the gunman.

Stewart said Bartoli had come to the apartment near Decatur Boulevard and Twain several times in the days leading up to the shooting looking for Whited.

Stewart said he tried to arrange a meeting between Bartoli and Amina's brother, to whom Whited had sold the shotgun, but when Bartoli returned to the apartment with Antonetti an argument ensued.

"(Antonetti) said, 'You don't know who you're dealing with, we're from Northtown," Stewart said. "Mary got really mad and said you don't know who you're dealing with.

"He pulled out a gun and shot us both."

When the two men left the apartment, Stewart said, Bartoli took the cordless phone, so Stewart ran to a neighbor's house, where he dialed 911.

"I didn't even realize I'd been shot, I was so worried about her," he said.

Bartoli was expected to resume his testimony this morning.

archive