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[ Wednesday, Feb. 22, 2006 ]

Man faces first-degree murder charge

Collegian Staff Writer

District Attorney Michael Madeira said yesterday at a press conference he will seek a first-degree murder conviction for the man charged with the stabbing death of Penn State senior Michael Donahue.

If convicted of first-degree murder, Josephy Alberto Ventura, 27, of East Prospect Avenue, will face life in prison or the death penalty, if Madeira seeks it.

But Madeira said he's "not rushing to judgment" on whether to seek the death penalty for Ventura. The Centre County Public Defender Office confirmed that Ventura will be represented by a public defender, but when the call was placed, no one in the office was available for further comment.

Donahue, 22, of Drums, was stabbed at 1:30 a.m. Friday inside Club Love, 129 1/2 S. Pugh St. Donahue died from a puncture wound to the heart at 6:30 p.m. Sunday.

In Pennsylvania, a first-degree murder conviction implies malice and intent -- that the defendant meant to kill the victim -- and is punishable only by life in prison or the death penalty, Madeira said. If Ventura is convicted or pleads guilty to first-degree murder, the least severe sentence that could be handed down would be life in jail.

Centre County Coroner Scott Sayers said Donahue never regained consciousness after he was admitted to Mount Nittany Medical Center early Friday morning. The autopsy revealed one stab wound, which was inflicted directly into Donahue's chest and punctured the bottom of his heart -- a homicide, Sayers said.

"This happened so quick," said Justin Shelley, a friend of Donahue's who saw him right after he was stabbed. "I saw him just staring, and I went over to him. I noticed the blood on his shirt. I asked him what happened, and he said he got stabbed. I tried to talk to him and calm him down ... he seemed fine; there was no blood gushing."

After he was stabbed, Donahue lifted his shirt to check the wound and told Shelley he had just been stabbed, according to court documents.

According to new court documents, Robert Walsh, a friend of Ventura's who was taken into custody but released the night of the stabbing, told police an altercation occurred inside Club Love between friends of Ventura and friends of Donahue. Police said Donahue and Ventura did not know each other prior to the incident.

Walsh said Donahue approached him and began talking to him. One of Donahue's friends, Giovanni Ortiz, then approached the pair as they talked, according to court documents.

Ortiz began arguing with Walsh, who punched Ortiz in the face. Police observed that Ortiz suffered a bloody nose and fat lip, according to court documents.

After the initial altercation, Walsh told police that "everyone started fighting." It remains unclear what role Donahue played in the fight. The night of the incident, his roommate told police he thought Donahue was trying to break up the fight.

Donahue was stabbed on the left side of his chest during the altercation.

Both Ventura and Walsh were pulled away from the fight and escorted out of the bar before someone began yelling that they had just stabbed someone. A member of the bar staff said Ventura tried to run away but was taken down to the ground outside by bar staff and held there until police arrived.

Walsh told police he had nothing to do with the stabbing.

After being subdued, Ventura repeatedly said Penn State student Kristen Fisher, who he verbally referred to as both his wife and girlfriend, was pregnant and had been assaulted, according to court documents. A member of the bar staff told police that Fisher seemed as though she didn't understand what Ventura was talking about.

"It's OK. I'm going to cooperate. He hit my girl, officer. I took offense to that. She's pregnant," Ventura said in police custody, according to court documents.

It remains unclear if Fisher was hit or pregnant. Walsh said the incident "had nothing to do with Ventura's girlfriend," according to court documents.

Both Ventura and Fisher are listed as living in the same apartment on East Prospect Avenue, though police said they are still unsure of their relationship.

Fisher was reached by telephone yesterday but declined to comment.

State College Police Chief Tom King said the motive for the stabbing is still under investigation.

Immediately after the stabbing, Donahue seemed dazed but was coherent -- he didn't appear to be fatally injured, Shelley said.

"I would've assumed, just the way he was, that he would've gone to the hospital or something and get stitched up and be fine," he said.

Donahue walked to the bottom floor, where Tony's Big Easy is located, and was laid on the floor. He was in and out of consciousness when police arrived. They never got a statement from him, King said.

Ventura was observed shuffling around in the holding cell at the State College police station and "appeared to be cramming something into his jacket," according to court documents. When his jacket was searched, police found a wood-handled kitchen knife with a 3-inch, bloody blade inside the lining of the jacket.

Ventura was arraigned before District Judge Jonathan Grine yesterday at about 2:15 p.m. A bail hearing was then held before Court of Common Pleas Judge Charles C. Brown, who refused bail to Ventura upon Madeira's request. Ventura was taken back to Centre County Prison, where he has been held since he was originally charged with criminal attempt, aggravated assault and simple assault.

Those charges were overturned yesterday when the new charges were entered.

Ventura's preliminary hearing is set for Tuesday at the Centre County Courthouse in Bellefonte.

State College police are asking that anyone who witnessed the incident and has not yet talked to police to contact State College Police Detective Ralph Ralston at 234-7150.


PHOTO: Daniel Freel
PHOTO: Daniel Freel
District Attorney Michael Madeira answers questions at a press conference yesterday regarding the death of Michael Donahue.

 

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Updated: Wednesday, February 22, 2006  2:05:10 AM  -4
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Created: Wednesday, May 07, 2008  6:55:56 PM  -4