Josephy A. Ventura, only hours after he took the stand in his own defense, was found guilty of third-degree murder last night.

Ventura's young son, 4 at the time of the February stabbing, sat on a family member's lap throughout the trial. At times, he called out for his father.

"It's a sad case. No one comes out a winner," defense attorney Joseph Amendola said. "By the time he's released from prison, that cute little boy will be grown up."

In a trial where accountability and culpability were key factors, attorneys from both sides agreed that Ventura's testimony may have made the difference in convincing the jury that a first-degree murder conviction was not warranted.

"We knew it would be difficult for the jury to wrestle with the intent to kill," said Centre County District Attorney Michael Madeira. "I was almost sure he would be taking the stand. The jury wants to hear [Ventura] say what happened."

Matters of intent and malice, the two conditions required for a murder conviction, were clearly on the jury's mind. The group of nine women and three men asked two questions of Centre County Judge Thomas Kistler throughout their five-and-a-half hour deliberation: the legal definitions of malice and intent and the difference between third-degree murder and voluntary manslaughter.

The jury was charged with determining if Ventura intended to kill Michael Donahue, of Drums, when he stabbed him in February 2006 at Club Love, now Lulu's Nightspot, 129 1/2 S. Pugh St.

Did he show a reckless disregard for human life, the legal definition of malice, when his knife punctured the 22-year-old's heart? Was he responsible for Donahue's death when he passed away two days later at Mount Nittany Medical Center?

Their ruling reflected they did believe Ventura exhibited malice, but not intent -- and Amendola was grateful for that.

Ventura, 28, had originally sought a plea agreement with the district attorney for third-degree murder, but the deal fell apart over disagreements on sentencing.

"It's a long way to go to get what you wanted to get," Amendola said.

Upon the reading of the verdict, both families did not appear surprised, yet still looked upset.

Donahue's mother, Debbie, expressed regret that her son never got to meet his newborn niece.
"On Feb. 10, we were in the hospital, celebrating a new life, and the next week, we get a phone call that changed our lives forever," she said.

Ventura will be sentenced Nov. 13. For a conviction of third-degree murder, the standard sentencing range is a minimum of six to 12 years or a maximum of 20 to 40 years in prison.

Madeira agreed that the jurors made a good decision and said members of Donahue's family, many of whom were present throughout the trial, were pleased with the result.

"This was what they were hoping for," he said. However, in accordance with their wishes, Madeira said he would be seeking the statutory maximum sentence for Ventura.

Madeira presented the commonwealth's case Monday. Drawing together the testimony of witnesses to retell the story of what happened that February night, he attempted to show Ventura as an aggressor. Friends of Donahue who were present the evening of the incident testified that the Penn State student was a "peacemaker" and tried to defuse a fight before he was stabbed.

Amendola's defense, presented yesterday morning, centered around the interlocked testimony of Kristen Fisher, Ventura's former girlfriend, and Kelly O'Donnell, her roommate in 2006. Fisher admitted in testimony that she had brought the murder weapon -- a 3-inch paring knife -- to Club Love, intending to threaten Ventura.

And O'Donnell, originally subpoenaed as a witness for the prosecution, corroborated Fisher's story, telling the jury that Fisher had said on the day of the stabbing that she, not Ventura, had brought the knife to the bar.

Amendola admitted that bringing in a witness like O'Donnell was a risk -- she also testified that Fisher tells "lies before the truth in every situation" -- but necessary to provide independent confirmation regarding the weapon.

"I wanted that jury to believe that she had brought that knife in," he said.

And then came Ventura's testimony -- long, detailed and remorseful, punctuated with "God rest his soul" at every mention of Donahue.

"I really didn't mean to kill him," he said to the family from the witness stand, choked up and tearful. "I know you people hate me, but that wasn't my intention."

Guided along by Amendola, Ventura retold his account of that evening. He and Fisher had fought earlier at her apartment, he said, and he had left her there to join his friend, Robert Walsh, at Club Love.

Fisher soon pulled up in a cab, he testified; sensing trouble, he met her across the street. There, she threatened him with a knife he had used earlier to work on his car, saying she was going to stab him, according to testimony. After calming her down, he said he took her into the bar and later put the knife in his jeans' pocket, fearful she would harm herself or him.

When a fight broke out between Walsh and Giovanni Ortiz, a friend of Donahue's, Ventura said he was not initially involved. But when he saw Fisher get pushed in the face by Ortiz, he said he "kind of lost it," pushing forward to protect his girlfriend. He said Donahue intervened, moving toward him aggressively; Ventura, already searching his pockets for a lighter, took out a knife instead and swung it, intending to scare off the incoming 6-foot-8-inch college senior.
Instead, the knife was buried deep into Donahue's chest.

Madeira took his time in cross-examination, focusing on statements Ventura made soon after the incident. He lied repeatedly to the police while under interrogation, Madeira said, and, as soon as he knew the severity of Donahue's injury, he clammed up.

"The reality is, you would do what you needed to do to protect yourself," Madeira said. "Period."
After the verdict was read, Amendola reiterated Ventura's remorse.

"If he could change what happened that night, he would do it," Amendola said. "I suspect he might even trade his life for the mistake."