The Trenton men, who are not related, are accused of murdering Joseph Costanzo, 38, who died after being shot through the jaw during a Dec. 1, 2008 home invasion.
TRENTON — The jury is out on the case of a 2008 home invasion that resulted in the death of a Hamilton man.
The trial of Damien and Brian Johnson wrapped up last week, and Mercer County Superior Court Judge Robert Billmeier charged the 12-person jury this morning with finding whether either — or both — are guilty of murder, robbery and several other weapons offenses.
The Trenton men, who are not related, are accused of murdering Joseph Costanzo, 38, who died after being shot through the jaw during a Dec. 1, 2008 invasion of a home on South Clinton Avenue, where the two alleged assailants also robbed several people of money and drugs.
When preparing the jury for deliberations this morning, Billmeier told the jury that a combination of direct and circumstantial evidence presented to them over the course of the two-week trial could be used to convict the men.
“Ask yourselves: is it probable, logical and reasonable?” he told the group.
The judge also gave instructions regarding the claims of defense attorneys that the jury should not believe some witnesses due to current plea deals they had with prosecutors.
Billmeier said jury members could consider this information when rendering their verdict, but that they could not penalize either Johnson for not taking the stand in their own defense, as it is their Constitutional right to remain silent.
Throughout the proceedings, Mercer County Prosecutor Al Garcia brought in a laundry list of witnesses who testified that one or both of the Johnsons had singled out the house as a place where they believed someone was profiting from selling drugs, flaunted a large, shiny handgun on several occasions and talked about the details of the invasion while attempting to sell the heroin allegedly taken from the house.
Eyewitnesses to the robbery also testified in the case, and said that Costanzo was shot after reaching for his pocket, to indicate to the two attackers — whose faces were covered with T-shirts at the time — that he had no money to offer them.
Defense attorneys in the case have argued that a number of key witnesses were testifying as part of a plea deal to get lesser sentences in other cases they were involved in and insinuated that they could not be trusted. They also brought into question several inconsistencies in details of the testimony given by some witnesses throughout the course of the five-year investigation.
The jury will continue deliberations Thursday. If found guilty, the Johnsons are each slated to serve a life sentence.
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