Raad Sunna originally faced a first-degree murder charge in the shooting death of Fabricio Patti after the teen allegedly tried to rob a smoke shop last December. That charge was recently dropped down to a gross misdemeanor, “aiming a firearm at a human being.”
The development is something Sunna’s attorney Dominic Gentile, who has more than four decades of law experience, says is a rarity.
“In that 46-year period, I’ve never seen it happen,” Gentile said. “There’s no other way to look at a reduction of a murder to a gross misdemeanor, then implied in there that the facts weren’t as they originally thought they were.”
What changed for prosecutors?
Gentile says vital facts never made it into the right hands.
The arrest report says Patti was shot seven times, “back to front” insinuating that Patti was running away, back completely turned, when Sunna started firing, but the medical examiner recorded something different.
“Dr. Dutra gave us a diagram that was never turned over to us by the district attorney’s office, it turns out the district attorney’s office didn’t have it,” Gentile said.
Important information gentile says supports Sunna’s self-defense claim.
“When we talked to the medical examiner, he said, why don’t we get a mannequin & insert rods into it so you can show the trajectory and we did that,” Gentile said.
Gentile got experts to create a mannequin, one sized to Patti’s proportions to show how the first two rounds hit Patti while he was standing with his left side exposed and how the rounds traversed his body from the left to ride side.
The mannequin is also illustrated to show Patti was likely shot at about 22 to 24 feet away as opposed to the originally reported 40 feet.
“An ethical prosecutor is going to reevaluate the facts as he comes to know them, It’s the job of the defense attorney to bring it to their attention,” Gentile said.
The gross misdemeanor charge which Sunna has pled guilty, carries a $2,000 fine with the possibility of a maximum of a year in jail or probation.
Sunna is set to be sentenced in February.
8 News NOW attempted to reach the Patti family, but phone calls haven’t been returned.