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  The Digital Collegian - Published independently by students at Penn State NEWS
[ Wednesday, April 12, 2006 ]

Ventura faces murder trial

Collegian Staff Writer

About 10 seconds after the last witness stepped down yesterday, a judge delivered his decision: Josephy Alberto Ventura will be tried for first- and third-degree murder in the stabbing death of Penn State senior Michael Donahue.

Ventura, quiet and at times fidgety, restlessly bounced his shackled feet during the two-and-a-half-hour preliminary hearing. Although seven witnesses were called to testify on behalf of the commonwealth -- Donahue's roommate, three friends, two bar staff members and a State College Police Department detective -- a concrete motive for the stabbing has yet to be established.

Counsels struggled to create a timeline of the night's events from witness testimony. Several witnesses blanked when asked about specific details leading up to the stabbing, which, according to those testifying, happened almost too quickly for recognition.

Donahue, 22, of Drums, was stabbed after a Feb. 17 altercation inside Club Love, 129 1/2 S. Pugh St. Witnesses said Ventura, 27, of East Prospect Avenue, held a knife in a closed fist, and with palm-side up, made a forward thrusting motion toward Donahue's chest. Ventura was detained minutes after the 1:30 a.m. stabbing.

Donahue died from a puncture to the heart Feb. 19.

Yesterday, Centre County District Attorney Michael Madeira handed District Judge Jonathan Grine photos of a wooden-handled kitchen knife with a 3-inch blade -- the alleged murder weapon. Those photos were followed with pictures of Ventura's leather jacket.

Police said Ventura hid the bloody knife in the lining of his coat, near the front zipper. Ventura said the blood on the knife was his own.

The knife is still being processed for DNA evidence, State College police Detective Ralph Ralston told the court.

Joe Amendola, Ventura's attorney, said the event was precipitated largely because of alcohol. Amendola said Ventura was drunk and doesn't remember the incident -- a possible defense for first-degree murder.

However, Ralston testified that while in police custody, Ventura declined a Breathalyzer test -- a move that hurts the defense, Amendola said.

Because there is no record of Ventura's blood-alcohol content and witnesses said Ventura didn't appear intoxicated, Amendola said that defense won't fly.

But Amendola said it isn't an open-and-shut case. The grainy footage taken in Club Love that night shows more than one person surrounding Donahue, and all of them were making motions with their hands that could be interpreted as stabbing motions.

After the hearing, Madeira said he didn't know Donahue's blood-alcohol content off the top of his head. Penn State student Giovanni Ortiz, a friend of Donahue's who was also involved in the altercation, told Amendola during questioning that he believed Donahue was drinking.

PHOTO: Daniel Freel
PHOTO: Daniel Freel
Josephy Alberto Ventura is escorted into the Centre County Courthouse. Yesterday, a judge decided to try Ventura on first- and third-degree murder charges.

Donahue's friends described what began as a ritual Thursday night -- an intramural basketball game, showering up, eating and meeting up at about 9:30 p.m. at Club Love.

A few hours later, Ortiz said he saw Donahue talking to "a white guy" about what the man had said to an upset woman at the bar. It is unclear who the woman is or her relationship to Donahue.

Ortiz said when Ventura approached the pair, Ortiz walked over and told him to relax.

The white man and Donahue shook hands. Then, Ortiz said, the white man "got rowdy" and got in Ortiz's face.

Another woman walked over and put her hand over Ortiz's face, blocking his vision, he said. He hit her hand away about two or three times when he was "sucker-punched" in the face by the white man, he said.

Ortiz said he fell backward, recovered and began to move to retaliate. His roommate, Joe Checchi, grabbed him and stopped him, saying "black dude's got a blade," Ortiz said.

Checchi said he saw Ortiz fall backward. When he turned around, he saw bar staff restraining Ventura. He said he was unsure whether that happened before or after Donahue was stabbed.

"To me, it felt like seconds," Checchi told the court.

Ortiz said he had about two rum and Cokes and three Coronas and stopped drinking at midnight. He went to the bathroom to clean the blood from his face. Someone then called his cell phone and told him about the stabbing.

Checchi, Ortiz and Donahue's roommate, Penn State student Brandon Lawson, all said Donahue was not trying to fight.

Club Love bartender Jeffrey Jennings, 38, said that after being detained, Ventura was "very irate." Jennings said he didn't recall serving Ventura alcohol, that he didn't smell alcohol on Ventura's breath, and that it didn't appear that Ventura was intoxicated.

Tom Hanelly, a security manager working at Club Love on Feb. 17, said that when confronted about Donahue's stabbing, Ventura said, "You know how it is; he hit my girl; she's pregnant ..."

When questioned by police after 3 a.m., Ventura denied stabbing anyone and told police the blood on the knife was his own. He was selective in answering questions because he "did not want to incriminate himself," Ralston said, quoting Ventura.


 

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Updated: Wednesday, April 12, 2006  12:54:00 AM  -4
Requested: Sunday, July 05, 2009  3:18:15 PM  -4
Created: Wednesday, May 07, 2008  6:56:39 PM  -4