James Zappalorti
Encyclopedia
James Patrick Zappalorti (1945–1990), a disabled veteran of the Vietnam War
, was the victim of a highly-publicized, fatal gay-bashing attack on Staten Island, New York.
, Zappalorti moved to Staten Island in 1950, his family settling in the latter borough's Charleston
neighborhood. The family runs a stained-glass business whose clients include approximately 30 churches on the island and also some others as far away as the West Coast
and Canada
.
After attending Our Lady Help of Christians School in Tottenville, Zappalorti attended Tottenville High School, but dropped out before graduating in order to enlist in the United States Navy
, which he entered on November 27, 1962; his mother signed the parental consent form (necessary because he was not yet 18 years old) after his father refused to do so. Serving aboard the U.S.S. Henrico, which saw action in the Vietnam War
, Zappalorti was placed on disabled status on April 5, 1965 after suffering what has been characterized as a nervous breakdown. He held the rank of seaman
(in pay grade E-3) at the time of his discharge.
Taylor was taken into custody at 2:30 A.M. on January 24 as he stepped outside a bar in the South Beach
section of Staten Island, but Sarlo fled the area and was not apprehended until February 18, after he was found to be in Ocala, Florida
. Gay rights activists asked New York State Governor Mario Cuomo
to appoint a special prosecutor to the case, citing the fact that Staten Island District Attorney William Murphy had been the only one of the city's five district attorneys to go on record as opposing the city's anti-gay-discrimination law when it was passed in 1986; and that also, in that same year, Murphy had prosecuted a carjacking case involving Taylor, Sarlo and two others that resulted in Taylor, then 16 years old, being adjudicated a juvenile offender when he could have been tried as an adult, and Sarlo receiving the minimum sentence — 1½ to 4½ years — then possible on the charges under which he had been indicted. In both the 1986 carjacking case and the Zappalorti murder, Taylor, in statements he made to the police, cited animosity toward homosexuals as a motive for the crime (the victim in the 1986 case was attacked near a boardwalk in the South Beach area reportedly frequented by homosexuals, and Zappalorti's sexual orientation was common knowledge in the neighborhood where both he and Taylor resided). Sarlo, however, denied harboring such sentiments.
(in New York State at the time, first-degree murder applied only if the victim was a law-enforcement officer or the killer was already serving a life sentence for a previous murder). It is reported that the district attorney's office was reluctant to go to trial because of fears the defendants might have attempted to use the gay panic defense
, and may have garnered considerable sympathy from a potential jury in culturally-conservative, heavily Roman Catholic Staten Island.
Pursuant to the plea agreement, Taylor received a prison sentence of 23 years to life while Sarlo was sentenced to 18 years to life (the minimum sentence for second-degree murder in New York State is 15 years to life and the maximum is 25 years to life). On May 30, 1997, Sarlo died at the maximum-security Wende Correctional Facility
outside Buffalo
. Taylor is presently incarcerated at the Clinton Correctional Facility in Dannemora, also a maximum-security institution. He will be eligible for parole
on February 18, 2013.
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
, was the victim of a highly-publicized, fatal gay-bashing attack on Staten Island, New York.
Biography
Born in BrooklynBrooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
, Zappalorti moved to Staten Island in 1950, his family settling in the latter borough's Charleston
Charleston, Staten Island
Charleston is the name of a neighborhood, or section, of New York City's borough of Staten Island. It is located on the island's South Shore, with Tottenville to the south, Pleasant Plains to the East, Rossville to the north, and the Arthur Kill to the west....
neighborhood. The family runs a stained-glass business whose clients include approximately 30 churches on the island and also some others as far away as the West Coast
West Coast of the United States
West Coast or Pacific Coast are terms for the westernmost coastal states of the United States. The term most often refers to the states of California, Oregon, and Washington. Although not part of the contiguous United States, Alaska and Hawaii do border the Pacific Ocean but can't be included in...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
.
After attending Our Lady Help of Christians School in Tottenville, Zappalorti attended Tottenville High School, but dropped out before graduating in order to enlist in the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
, which he entered on November 27, 1962; his mother signed the parental consent form (necessary because he was not yet 18 years old) after his father refused to do so. Serving aboard the U.S.S. Henrico, which saw action in the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
, Zappalorti was placed on disabled status on April 5, 1965 after suffering what has been characterized as a nervous breakdown. He held the rank of seaman
Seaman
Seaman is one of the lowest ranks in a Navy. In the Commonwealth it is the lowest rank in the Navy, followed by Able Seaman and Leading Seaman, and followed by the Petty Officer ranks....
(in pay grade E-3) at the time of his discharge.
Murder
Upon his return to Staten Island, Zappalorti did not hold down a formal job but was frequently seen in the neighborhood planting trees and clearing away debris. All of this came to an abrupt end on the evening of January 22, 1990, after Zappalorti invited a neighborhood resident and his companion to a small hut he had built on the edge of the property of his family's home. Once there, the duo demanded Zappalorti's wallet, and, after he tossed the wallet into the yard, the neighbor, Michael Taylor, 20 years old, pulled out a hunting knife and stabbed him three times in the chest and abdomen, causing his death; Zappalorti's brother, Michael Zappalorti Jr., discovered the body at 11:30 A.M. the following morning. A subsequent autopsy showed four stab wounds, and authorities speculate that the fourth wound was inflicted by Taylor's accomplice, identified as 26-year-old Phillip Sarlo.Taylor was taken into custody at 2:30 A.M. on January 24 as he stepped outside a bar in the South Beach
South Beach, Staten Island
South Beach is the name of a neighborhood located on the East Shore of Staten Island, one of the five boroughs of New York City, USA. It is situated immediately to the south of the Staten Island side of the Verrazano Narrows Bridge...
section of Staten Island, but Sarlo fled the area and was not apprehended until February 18, after he was found to be in Ocala, Florida
Ocala, Florida
Ocala is a city in Marion County, Florida. As of 2007, the population recorded by the U.S. Census Bureau was 53,491. It is the county seat of Marion County, and the principal city of the Ocala, Florida Metropolitan Statistical Area, which had an estimated 2007 population of 324,857.-History:Ocala...
. Gay rights activists asked New York State Governor Mario Cuomo
Mario Cuomo
Mario Matthew Cuomo served as the 52nd Governor of New York from 1983 to 1994, and is the father of Andrew Cuomo, the current governor of New York.-Early life:...
to appoint a special prosecutor to the case, citing the fact that Staten Island District Attorney William Murphy had been the only one of the city's five district attorneys to go on record as opposing the city's anti-gay-discrimination law when it was passed in 1986; and that also, in that same year, Murphy had prosecuted a carjacking case involving Taylor, Sarlo and two others that resulted in Taylor, then 16 years old, being adjudicated a juvenile offender when he could have been tried as an adult, and Sarlo receiving the minimum sentence — 1½ to 4½ years — then possible on the charges under which he had been indicted. In both the 1986 carjacking case and the Zappalorti murder, Taylor, in statements he made to the police, cited animosity toward homosexuals as a motive for the crime (the victim in the 1986 case was attacked near a boardwalk in the South Beach area reportedly frequented by homosexuals, and Zappalorti's sexual orientation was common knowledge in the neighborhood where both he and Taylor resided). Sarlo, however, denied harboring such sentiments.
Verdict
The Zappalorti case never went to trial, because on December 5, 1990, after extensive "plea bargaining" negotiations, both Taylor and Sarlo pleaded guilty to a charge of second-degree murderMurder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
(in New York State at the time, first-degree murder applied only if the victim was a law-enforcement officer or the killer was already serving a life sentence for a previous murder). It is reported that the district attorney's office was reluctant to go to trial because of fears the defendants might have attempted to use the gay panic defense
Gay panic defense
The gay panic defense is a legal defense against charges of assault or murder. A defendant using the gay panic defense claims that he or she acted in a state of violent temporary insanity because of a little-known psychiatric condition called homosexual panic. Trans panic is a similar defense...
, and may have garnered considerable sympathy from a potential jury in culturally-conservative, heavily Roman Catholic Staten Island.
Pursuant to the plea agreement, Taylor received a prison sentence of 23 years to life while Sarlo was sentenced to 18 years to life (the minimum sentence for second-degree murder in New York State is 15 years to life and the maximum is 25 years to life). On May 30, 1997, Sarlo died at the maximum-security Wende Correctional Facility
Wende Correctional Facility
Wende Correctional Facility is a maximum security prison located in Town of Alden in Erie County, New York. The prison is named for this region of Alden...
outside Buffalo
Buffalo, New York
Buffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...
. Taylor is presently incarcerated at the Clinton Correctional Facility in Dannemora, also a maximum-security institution. He will be eligible for parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
on February 18, 2013.