Gary Passarelli maintained his innocence and plans to appeal his conviction.
FLEMINGTON -- Gary Passarelli was sentenced Friday to 60 years in state prison for the murder of John Niko in 2013.
Passarelli was convicted Nov. 9 of first-degree murder in Niko's death in Raritan Township, and First Assistant Prosecutor Deborah Factor argued Friday morning that the way Niko was killed called for a severe penalty.
Niko was stabbed more than 40 times and bludgeoned with a 25-pound dumbbell in his Raritan Township home.
"Even when he was down, the defendant showed no mercy," Factor said. "He chose to bash in his head with multiple blows." Though Passarelli showed no mercy in killing Niko, Factor said, "he stands before you now saying, 'Show me mercy.'
"As he sat in this courtroom he's shown no remorse and taken no responsibility," Factor said. "What has been evident in this crime is he is a man with a stone-cold heart."
Passarelli argued during the trial that he wasn't the person who killed John Niko, and he maintained that at his sentencing.
Prosecution lays out case against Passarelli
"I can't show you remorse because I didn't kill John," he said, addressing Judge Angela Borkowski. "John was my friend and I didn't kill him."
Passarelli told Borkowski she hasn't seen the last of him. "I will be back in this courtroom, and this conviction will be overturned," he said. "I will appeal."
Niko's family and friends filled the courtroom gallery Friday morning, and said through a victim's advocate after the hearing that they felt justice had been served.
Niko's cousin Christopher Horan spoke for the family in the hearing, talking about how devastating the trial was, "to see the pictures, hear the testimony."
"I gave the eulogy at John's funeral, and since then I've struggled with forgiveness," he said. "But I'll never offer forgiveness to the murderer of John Niko.
"Many a man was murdered," he said, saying John Niko was a son, brother, cousin, nephew, uncle, and friend "taken from all of us too soon." Niko's mother, he said, is "now left to look into the eyes of her granddaughter only to see her son look back."
Niko was "a friend to everyone in this court but one," he said, looking at Passarelli. "The smile and smirk on the murderer of John Niko will begin to fade," he said. "As his smile vanishes, ours will continue to grow.
"John was a someone murdered by a nobody," he said. Turning to Passarelli, he concluded, "Every time you hear your number, think of Johnny."
Defense attorney Ed Hesketh asked Borkowski to consider Passarelli's substance abuse issues and past history in determining his sentence. "I know the court looks at the whole person, and criminal history," he said. "Mr. Passarelli has no previous felony convictions as he sits here today."
Prosecutors were arguing for the murder to be considered heinous, and Hesketh asked Borkowski to set that aside. "There's no evidence there was any kind of torturing, humiliation, degradation or any kind of drawn-out factor."
Suspect rejects last chance for plea deal
Considering that Passarelli had never been convicted of a felony before, and had waived his right to remain silent and took the stand in his trial, Hesketh asked for a sentence of 35 years.
In announcing Passarelli's sentence, Borkowski reviewed the facts brought out at trial and in a pre-sentencing report. Passarelli 's history of municipal court convictions from 1995 to 2011, "over 15 years, show a loss of control and continued assaultive behavior," Borkowksi said.
She cited his continued substance abuse as putting him at high risk of hurting someone again, and added, "Your aggressive attitude toward friends and family poses a great risk that you will re-offend."
"As you clearly do not take responsibility for your actions, I find there's a need to deter," Borkowski added. Announcing the sentence, Borkowski said, "I cannot order life without parole. I find that the aggravating factors substantially outweigh mitigating factors."
In sentencing Passarelli to 60 years on the first-degree murder conviction, Borkowski said he must serve at least 85 percent of that time before being eligible for parole. That means Passarelli, 42, must serve at least 51 years in state prison on the first-degree murder charge. He was credited with 994 days of jail time served. He was also ordered to pay $13,149.30.
Passarelli was also convicted of second-degree possession of weapons, a dumbbell and a knife, and possession of a controlled dangerous substance, Ketamine. He was sentenced to five years on each of those counts, to run concurrently with the 60-year sentence.
Passarelli has 45 days to file an appeal.
Prosecutor Anthony P. Kearns III was in the courtroom for the sentencing, and said afterward he was grateful to his staff investigators and trial attorneys for their hard work, and the thorough job done by Raritan Township and Flemington police.
"I think justice has been served, and I agree with Judge Borkowski's sentence," Kearns said, adding, "No amount of time can ever bring back Mr. Niko or ease the pain of his family."
Sallie Graziano may be reached at sgraziano@njadvancemedia.com. Follow her on Twitter @SallieGraziano. Find The Hunterdon County Democrat on Facebook.