Borelli guilty of murder

Twelve jurors found Jason Richard Borelli guilty of first-degree intentional homicide within 90 minutes after they began deliberating at noon today.

“You are not to search for doubt,” Douglas County Circuit Court Judge Michael Lucci told the jurors. “You are to search for the truth.”

Borelli, 32, Superior, faced the charge for the Jan. 7 stabbing death of Leah Gustafson in her apartment at 1910 John Ave. She was found dying in her apartment, a samurai sword believed by police to be the murder weapon beside her. A trail of evidence led officers across the street to Borelli’s residence, 1901 John Ave.

In March, Borelli pleaded not guilty by reason of mental disease or defect.

A twist was thrown into the deliberations by Chief Public Defender J. Patrick O’Neill, who represents Borelli. If the 12 jurors can’t unanimously agree on the first-degree intentional homicide charge, they were told to consider whether Borelli is guilty of second-degree intentional homicide, a class B felony that carries a maximum penalty of 60 years. The penalty for first-degree homicide is life imprisonment.

For the charge to justify first-degree homicide, Lucci told the jurors, it must be proven the victim did not provoke the defendant. O’Neill argued the multitude of injuries — strangulation, repeated blows to the head with a blunt object and stabbing with a sword, all within a 2-minute time frame — showed a frenzy or rage on the part of the killer.

O’Neill argued the evidence presented by the state did not adequately answer why the crime occurred.

“The proof was in the conduct,” O’Neill said in closing arguments this morning. “That this was a rage, a frenzy ... ”

District Attorney Dan Blank closed by pointing to the “mountain of evidence” in the case. Piled on the witness chair were bloody shoes, clothes and weapons. Pictures of the trail of blood that led Superior Police officers to Borelli’s apartment, across the street from Gustafson’s, were viewed.

Blank referred to Wednesday testimony by state crime lab experts that showed:

• Gustafson’s DNA on the shoes and keys found in Borelli’s apartment, the wad of bloody clothes found in the bathroom of his residence and the tip of the samurai sword believed to be the murder weapon.

• Gustafson’s DNA mingled with Borelli’s on the handle of the sword and the boxer shorts officers found Borelli wearing when he was arrested.

• Two of the fingerprints on the murder weapon were from Borelli’s left middle and left ring fingers.

• Toxicology tests showed Borelli had recently used marijuana and cocaine; he also had a blood alcohol concentration of .093, over the legal driving limit.

With the guilty verdict returned , the trial now will enter a second phase during which the jury will decide if Borelli was responsible for his actions based on the mental disease or defect plea.

Tags: leah's law, leah, gustafson, law, legislature, bill, violent, offenders, collections