A Penn State graduate was sentenced to 15 years in prison by a Fairfax County jury Friday in connection with the 2008 shooting of a taxi driver in Virginia, Fairfax Court officials said.
Evan D. Gargiulo, 23, was sentenced to 12 years for second-degree murder and an additional three years for use of a firearm in the murder, Fairfax Chief Deputy Commonwealth Attorney Ian Rodway said.
Gargiulo, Class of 2008, was arrested Nov. 4, 2008, after he shot taxi driver Mazhar Nazir in the back of his head two days before. Gargiulo pleaded not guilty by reason of insanity and self-defense, Rodway said.
Gargiulo's attorney Steven Garver believes the jury ruled the case as second-degree murder -- which carries a 5- to 20- year sentence -- because there was no evidence of malice.
"He didn't go out that night looking to kill anybody," Garver said. "He had no malice toward that taxi driver."
The trial began March 8 and ended late Friday afternoon.
Garver said while he and Gargiulo were upset with the outcome of the case, they were thankful Gargiulo wasn't convicted of first-degree murder, which could have handed him a life sentence.
"The jury sentence suggested while they were disturbed by it, it was not as bad as it could have been," Garver said.
Rodway said because the story of the case was only from Gargiulo's perspective, it was difficult to increase the sentencing to first-degree murder.
But he was still satisfied with the resulting judgment, he said.
Gargiulo told police he and a group of friends went to Halloween party on Nov. 2, 2008, in Washington, D.C. While there, Gargiulo -- dressed in a wet suit and blonde wig -- lost a bag containing his wallet and car keys.
Rodway said Gargiulo then left the party in a cab driven by Nazir. Once he arrived at his house, Gargiulo grabbed a spare set of keys and his 9mm pistol.
Nazir then drove Gargiulo to a friend's apartment where he left his car. When they arrived, Nazir told Gargiulo he had a fee of $130. Gargiulo, missing his wallet, said he couldn't pay it, and the two got into an argument.
Rodway said Nazir offered Gargiulo his cell phone to call someone for the money, but Gargiulo refused. At that point, Gargiulo told police Nazir became angry and attacked him.
Gargiulo told police he knocked Nazir's arm away, spinning him around in the driver's seat. Gargiulo then took out his gun and shot Nazir in the back of the head.
Police found Nazir at about 1:25 p.m. Nov. 2 in his taxi in northern Virginia. Rodway said officers found Nazir with his seatbelt on.
Two days later, Gargiulo turned himself in to Fairfax County police.
Rodway said the case is still under review and there is a chance Gargiulo's prison time could be lessened. The final sentencing date is schedule for June 4.
Garver said he hopes when the case is finalized, the judge will be compassionate enough to suspend part of Gargiulo's sentence.
"Whatever happened that early morning was a tragedy for everyone," Garver said. "Obviously Mr. Nazir -- nobody can bring him back. But Evan will come back. There's no purpose keeping him away any longer. I'm not sure more than a minimum amount makes any difference."
