But sentencing for partner in 2005 incident postponed
By Audrey Levine Staff Writer
William Martin, 35, of North Plainfield, was given the maximum sentence agreed upon in his plea offer when he was sentenced Monday in the 2005 murder of Hillsborough resident John Grover.
Mr. Martin was sentenced to 28 years in New Jersey State Prison for aggravated manslaughter in the shooting of Mr. Grover at Gatto’s Sports Café on Camplain Road because of a misunderstood symbol on a T-shirt.
”This was a senseless killing over a shirt,” said Somerset County Assistant Prosecutor Joseph Rocchietti at the sentencing. “The state maintains this and that there were no mitigating factors.”
On April 19, 2005, Mr. Martin, who has admitted to an affiliation with the Pagans Motorcycle Gang, shot Mr. Grover, 40, in the vestibule of the bar because he thought the shirt the victim was wearing portrayed a symbol of the Hells Angels Motorcycle Gang.
Mr. Grover’s family said Mr. Grover was not affiliated with the gang and didn’t know what the symbol on his shirt meant.
”Who are you to play God and take a life?” asked Carol Collins, Mr. Grover’s sister, addressing the defendant as she sat before the judge with pictures of her brother placed on the desk in front of her. “You are the one who aimed, shot, and took a life. It was for no reason other than a T-shirt.”
According to Somerset County Prosecutor Wayne Forrest, Mr. Martin admitted to arming himself that day with the intent to do harm if necessary, and that he fired a 9 mm handgun at Mr. Grover, knowing his victim was unarmed.
Mr. Martin fled the scene with his co-defendant Peter Ciarletta, 30, of Warren Township whose sentence was postponed indefinitely because his attorney was unable to appear at the Somerset County Courthouse on Monday and was caught in Hillsborough by local police.
After one day of testimony during the trial in September, Mr. Martin accepted a plea offer and pleaded guilty Sept. 19 to amended charges of aggravated manslaughter with a maximum sentence of 28 years, second-degree possession of a weapon for an unlawful purpose, third-degree unlawful possession of a weapon and second-degree certain persons not to have weapons.
”I would like to start by apologizing to the Grover family,” Mr. Martin said as he stood, still handcuffed, in front of Superior Court Judge Edward Coleman during his sentencing. “The last thing I would want to do is take anyone’s life, but I have.”
Mr. Ciarletta also accepted a plea offer for weapons possession charges, and faces a minimum of three years in prison without parole. Mr. Forrest said the state will be seeking the maximum sentence of 10 years.
Both men had originally been indicted on charges of murder, conspiracy to commit murder, two counts each of possession of a weapon for an unlawful purpose and two counts each of unlawful possession of a weapon.
These charges carried a maximum sentence of life in prison.
David Oakley, Mr. Martin’s attorney, questioned whether Mr. Martin should receive the 28-year maximum sentence, saying that, while his client was certainly guilty, there were circumstances that should be considered with regard to his gang affiliation.
”While Mr. Martin is guilty of aggravated manslaughter, there are circumstances which should convince you to go lower than 28 years,” Mr. Oakley said to Judge Coleman at the sentencing. “My client has lived in danger of physical harm from Hells Angels and, while this is by no means a justification, I think your honor is bound to take that into account.”
Judge Coleman refused this and, in addition to the 28 years, with a minimum of 85 percent to be served before parole, Mr. Martin was sentenced to 10 years for possession of a firearm for an unlawful purpose, with five years to be served without parole; five years for unlawful possession of a weapon, with two-and-a-half years to be served without parole; and 10 years for certain persons not to have weapons, with five years served without parole.
The sentences are to run concurrently.
In speaking for her family, Ms. Collins told the judge she was representing her brother, who she called “a gentle giant,” and who she cited as the one who taught her about cars and how to play football.
”Words seem trite when talking about a family member who was murdered,” she said. “John will never smile again, laugh, age, get married, have children, have grandchildren. John deserves justice and his family deserves justice.”