SALEM — The roommate of a Salem man charged with beating the owner of a pizza and sub shop who was trying to bring him a sandwich claimed in court yesterday that the delivery driver started the fight — a claim a prosecutor argued "makes no sense."
A Salem District Court judge agreed with the prosecutor, deeming Timothy Gokey Jr., 28, of 9 Laurent Road, a danger, though he rejected the prosecutor's request to hold Gokey without bail.
After spending a night at Middleton Jail, Gokey was released on the same $2,500 cash bail his family posted for him following his arrest on Sunday, though with new conditions, including a no-contact order with the victim and witnesses, and a requirement that he undergo a mental health evaluation and any recommended treatment.
But the judge also questioned what he suggested was an increasing reliance on motions to detain suspects without bail by the district attorney's office.
"I almost feel like we're losing our way on dangerousness hearings," Judge Michael Lauranzano said, interrupting prosecutor Jane Prince's argument yesterday. "Why does your office feel compelled to make these arguments?"
Prince's response to the judge: "There is no way the commonwealth can assure that he's not going to invite someone else over and do something similar. Mr. Gokey is somewhat paranoid, and his response was over-the-top ridiculous."
Carrie Kimball Monahan, a spokeswoman for District Attorney Jonathan Blodgett, said requests for detention are filed based on the facts of each case. "We review every single case, on a case-by-case basis, and will pursue the course of action we believe is appropriate in each case," she said.
During yesterday's hearing, pizza shop owner Francis Riggieri described how he knocked on Gokey's door and got no response, then tried the door knob, believing there might be a hallway.
Gokey showed up almost instantly, yelling, "What are you doing trying to enter my home?" Riggieri said. Riggieri, 60, also said Gokey complained about Riggieri being on his property (the home is owned by Gokey's parents).
Riggieri said Gokey took the food, then kept demanding an apology. Riggieri testified that he told him to just give back the food and he would leave.
Instead, Gokey followed him to his car, he said.
"I said, 'If you're going to do something, you have to be careful, too,'" Riggieri testified. "He came at me," pushing Riggieri into the side of the car hard enough to leave a dent.
Riggieri grabbed Gokey, and the two went to the ground, Riggieri said. Then, as police sirens approached, Gokey got up and walked back to the house.
Riggieri suffered head trauma, cuts and a broken nose, and his back was also strained, he said.
Gokey didn't take the stand yesterday, but his roommate, Adam Costanzo, testified that Riggieri was the aggressor. Costanzo, called as a defense witness by lawyer Benjamin Richard, claimed Riggieri told Gokey, "It's (expletive) customers like you that make my job, or this job, so difficult."
Costanzo also testified that Riggieri refused to leave after "Tim told him to get off the property, because he didn't want his business." The two then got into a shoving match that escalated into a struggle, Costanzo testified, going on to claim that Riggieri shoved Gokey's head into the car, leaving the dent (though Gokey did not mention that to police or apparently receive any head injuries).
"It doesn't make any sense," Prince suggested to the judge afterward, "that a pizza delivery person would refuse to leave."
"This didn't have to happen," Lauranzano told Gokey. "All you had to do was go back into the house."
Courts reporter Julie Manganis may be reached at 978-338-2521 or at jmanganis@salemnews.com.
Raw Video: Hail Storm Batters Oklahoma City
California's Foie Gras Ban About to Begin
6-Year-Old Going to National Spelling Bee
Video Essay: Funky Winkerbean Comic Turns 40
On Thailand Trip, Suu Kyi Visits Migrants
Raw Video: Pink Diamond Auctioned for $17.4M
Hurricane Andrew Remembered, 20 Years Later
Sister Says She Reported Brother in Patz Killing
Patz Suspect's Sister: I Went to Police in 1980s
Diplomatic Expulsions Follow Fresh Syria Report
15 Dead in Northern Italy's 5.8-magnitude Quake
Witness Describes Fla. Face-chewing Attack
Man Falls Off Crane, Dies After Police Standoff
Russia Condemns Ally Syria Over Massacre of 108
Dairy Farm Uses Chiropractor to Help Cows
Unexpected Smog in Pristine National Parks
Air Canada Plane Makes Emergency Landing
New Ticks Spread Across Southeast, Diseases Rise
Bring Your Own Tech Programs Charge Up Students
Service Dogs Help Wash. Soldiers Battling PTSD
