MUSKEGON, Mich. - An open murder charge against Paul Gabriel of Muskegon has been bound over to Muskegon County Circuit Court for trial.
Investigators believe Gabriel, 60, shot and killed 22-year old AJ Federighe inside a covered walkway at Balcom’s Cove condominiums on Sept. 25, 2018.
The shooting followed what witnesses describe as a physical altercation between the two men.
Gabriel and AJ’s father Tony Federighe both live at Balcom’s Cove. According to neighbors the two men had an on-going feud.
AJ was residing at the condo with his father.
The only witness called to testify Monday, Jan. 7 was Tony Federighe.
Defense attorney Richard Radke questioned Federighe about events the day AJ was killed. Federighe testified he spent most of the day with his son in the Muskegon area running errands and at the dog beach.
The father and son returned to their condo in the late afternoon. Federighe testified AJ woke him from a nap around 7 p.m. believing AJ was leaving the condo to meet with his mother.
Sometime after 7 p.m. two other residents of the condos found AJ and Gabriel fighting inside the parking garage at Balcom’s Cove. The witnesses previously testified seeing Gabriel pointing a gun at AJ after the two men were separated.
The witnesses went with AJ into the covered walkway, then returned to their condo and did not witness the shooting or hear the single gunshot.
Both the prosecution and defense agree Gabriel fired the shot that killed AJ. But they don’t agree on why the shot was fired.
“He did not have a honest and reasonable belief that he had to use deadly force at the time he shot and killed Anthony [AJ] in this case,” said Matt Roberts, chief trial attorney with the Muskegon County Prosecutor’s Office.
The defense contends it was self-defense.
"He had a right to pull the gun if this guy wouldn't leave him alone, wouldn't leave the area, and wouldn't let him go to his condo," said Radke.
Muskegon County District Judge Raymond Kostrzewa ordered the charge bond over to circuit court for trial and denied a defense request to have Gabriel’s bond lowered. He remains in the Muskegon County Jail.
Trial dates have not been set.
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