Just a little more than a year after the death of Jersey City Police Officer Domenick Infantes, his alleged killers had a day in court on Monday. Alfredo and Benjamin Gavina, accused of beating Infantes to death with a metal pipe on July 4, 2001, appeared before state Superior Court Judge Kevin Callahan while motions in their case were filled.
Present in the court were Infantes’ brother Erik, a Jersey City police officer, and his father Domenick Infantes, Sr. No communication was reported between the defendants and the family of the late officer.
Only Benjamin Gavina had motions filed for him by his attorney Alan Bowman, one of them appealing the decision by the Hudson County Prosecutor’s Office to seek the death penalty. Alfredo Gavina’s attorney was unable to attend the hearing, so Alfredo did not participate. Assistant Hudson County Prosecutor Mike D’Andrea said the death penalty is being sought only for Benjamin Gavina, since it is believed he delivered a blow that was fatal to Infantes. Benjamin is being held on $5 million bail, while his brother, also charged with murder, is held on $2 million bail.
While off duty at a July 4 party last year, Infantes approached the Gavina brothers next door during a dispute over the brothers’ use of fireworks, according to police reports. In the altercation that followed, the Gavinas are alleged to have struck Infantes with a lead pipe, causing Infantes to strike his head on the sidewalk. Infantes died two days later at Jersey City Medical Center.
Bowman has filed a motion asking for a judicial review of how the prosecution decided to seek the death penalty for Benjamin Gavina. Also, the defense will argue the death penalty would violates the defendant’s constitutional protection against cruel and unusual punishment.
On Thursday, D’Andrea said the prosecutor’s office had responded to constitutional challenges it received, but it would take approximately six months to process the other motions. D’Andrea added in such cases of a possible death sentence, there were usually motions for change of venues.
"We have not received that motion for change of venue as yet," D’Andrea said Thursday.
At the hearing, the prosecutor’s office introduced information regarding a new witness, Gerard Novellino, but could not comment further on his connection to the case.