Italy appeals court upholds conviction of 2 Americans in death of policeman but reduces sentences

ROME (AP) — An Italian appeals court on Wednesday upheld the convictions of two American men in the killing of an Italian plainclothes police officer during a botched sting operation five years ago but significantly reduced their sentences.

The new verdict, ordered after Italy’s highest court threw out the original convictions, drew acceptance from the men's families and disappointment from the officer's widow.

Finnegan Lee Elder and Gabriel Natale-Hjorth had been found guilty in the July 2019 killing of Carabinieri Vice Brigadier Mario Cerciello Rega, and after the first trial, were both sentenced to life in prison, Italy's harshest penalty.

Those sentences were reduced on appeal before Italy’s highest Cassation Court last year ordered a new trial altogether. On Wednesday, the appeals court convicted Finnegan and sentenced him to 15 years and 2 months in prison. Natale-Hjorth was sentenced to 11 years and four months, along with a 800 euro ($863) fine.

“I don’t think we could ask for a reasonable, better decision today,” said Ethan Elder, Finnegan Lee Elder's father.

Teenagers at the time of the killing, the former schoolmates from the San Francisco Bay area had met up in Rome to spend a few days vacationing. The fatal confrontation took place after they arranged to meet a small-time drug dealer, who turned out to have been a police informant, to recover money lost in a bad drug deal. Instead, they were confronted by two officers.

Cerciello Riga was stabbed 11 times with a knife brought from the hotel room.

In ordering the retrial, the Cassation Court said it hadn’t been proven beyond a reasonable doubt that the defendants, with limited Italian language skills, had understood that they were dealing with Italian police officers when they went to meet the alleged drug dealer.

The defense had argued that the defendants didn’t know they were facing law enforcement when the attack happened, an argument repeated during the new trial.

Prosecutor Bruno Giangiacomo said his office would wait to read the court's written reasonings before deciding on a possible appeal to the Cassation. In Italy, both defendants and prosecutors can appeal at every level of judgement.

“Both aggravating factors that were increasing the penalty were excluded," Giangiacomo said after the verdict. "This could be a delicate point where we can think about an appeal to the Cassation Court.” Prosecutors had asked that Finnegan be sentenced to 23 years and nine months and Natale-Hjorth to 23 years.

Rosa Maria Esilio, the widow of Cerciello Rega, was “devastated” by the verdict, according to her lawyer Massimo Ferrandino.

“For five years she has been carrying a huge pain. She was the one who closed the eyes of her husband in the morgue. You can imagine her pain today too,” he said.

The killing of the officer in the storied Carabinieri paramilitary police corps shocked Italy, and the 35-year-old Cerciello Rega was mourned as a national hero.

Prosecutors alleged Elder stabbed Cerciello Rega with a knife that he brought with him on his trip to Europe and that Natale-Hjorth helped him hide in their hotel room. Under Italian law, an accomplice in an alleged murder can also be charged with murder without carrying out the killing.

But lawyer Francesco Petrelli, who represented Natale-Hjorth, said the appeals court clearly recognized that there was a different level of participation by his client.

“There was a reduction, mainly of the responsibility," he said, adding that “there was a shift from intentional malice to negligence."

Prosecutors contend that the young Americans concocted a plot involving a stolen bag and cellphone after their failed attempt to buy cocaine with 80 euros ($96) in Rome’s Trastevere nightlife district. Natale-Hjorth and Elder testified they had paid for the cocaine but didn’t receive it.

In a statement released by lawyers after the new verdicts, Leah Elder, Finnegan Elder’s mother, insisted that her son was prepared to take responsibility for his actions and move on.

“This trial is unfortunately connected to the tragedy of a person’s death, a grave fact that has marked and will forever mark the lives of all the families involved,” she said. “Bringing out the truth of the facts would help Finnegan take full responsibility for the pain he caused with his tragic reaction. I hope that, even as he pays for his mistake, he will also open up to hope for the future.”

Barry reported from Soave, Italy.

Gabriel Natale Hjorth is hugged by a relative after the reading of the judgment at the end of a hearing for the appeals trial in which he is facing murder charges for killing Italian Carabinieri paramilitary police officer Mario Cerciello Rega, in Rome, Wednesday, July 3, 2024. (AP Photo/Alessandra Tarantino)

Gabriel Natale Hjorth sits surrounded by his lawyers after the reading of the judgment at the end of a hearing for the appeals trial in which he is facing murder charges for killing Italian Carabinieri paramilitary police officer Mario Cerciello Rega, in Rome, Wednesday, July 3, 2024. (AP Photo/ Alessandra Tarantino)

Finnegan Lee Elder, left, and Gabriel Natale Hjorth, sit before the reading of the judgment at the end of a hearing for the appeals trial in which they are facing murder charges for killing Italian Carabinieri paramilitary police officer Mario Cerciello Rega, in Rome, Wednesday, July 3, 2024. (AP Photo/Alessandra Tarantino)

Finnegan Lee Elder, center, is hugged by his lawyer Renato Borzone, after the reading of the judgment at the end of a hearing for the appeals trial in which he is facing murder charges for killing Italian Carabinieri paramilitary police officer Mario Cerciello Rega, in Rome, Wednesday, July 3, 2024. (AP Photo/Alessandra Tarantino)

Ethan Elder, left, father of Finnegan Lee Elder hugs his son before the reading of the judgment at the end of a hearing for the appeals trial in which Finnegan is facing murder charges for killing Italian Carabinieri paramilitary police officer Mario Cerciello Rega, in Rome, Wednesday, July 3, 2024. (AP Photo/Alessandra Tarantino)

Finnegan Lee Elder, second from left, and Gabriel Natale Hjorth, third from left, listen to the reading of the judgment at the end of a hearing for the appeals trial in which they are facing murder charges for killing Italian Carabinieri paramilitary police officer Mario Cerciello Rega, in Rome, Wednesday, July 3, 2024. (AP Photo/Alessandra Tarantino)

Rosa Maria Esilio, widow of Italian Carabinieri paramilitary police officer Mario Cerciello Rega, leaves after the reading of the judgment of the appeals trial for his murder, in Rome, Wednesday, July 3, 2024. (AP Photo/Alessandra Tarantino)

Ethan Elder, left, back to camera, father of Finnegan Lee Elder, hugs his son before the reading of the judgment at the end of a hearing for the appeals trial in which Finnegan is facing murder charges for killing Italian Carabinieri paramilitary police officer Mario Cerciello Rega, in Rome, Wednesday, July 3, 2024. At right sits Gabriel Natale Hjorth charged for the same killing. (AP Photo/ Alessandra Tarantino)

Gabriel Natale Hjorth is hugged by his father Fabrizio Natale, after the reading of the judgment at the end of a hearing for the appeals trial in which he is facing murder charges for killing Italian Carabinieri paramilitary police officer Mario Cerciello Rega, in Rome, Wednesday, July 3, 2024. (AP Photo/ Alessandra Tarantino)

Andrea Varriale, top left, colleague of Italian Carabinieri paramilitary police officer Mario Cerciello Rega, and Paolo Cerciello Rega, his brother, attend the appeal trial of Gabriel Natale-Hjorth and Finnegan Lee Elder where they are accused of slaying the Carabinieri paramilitary police officer in Rome, Wednesday, July 3, 2024. (AP Photo/ Alessandra Tarantino)

Gabriel Natale Hjorth leaves at the end of a hearing for the appeals trial in which he is facing murder charges for killing Italian Carabinieri paramilitary police officer Mario Cerciello Rega, in Rome, Wednesday, July 3, 2024. Two American men face a new trial in the slaying of an Italian plainclothes police officer during a botched sting operation after Italy's highest court threw out their convictions. (AP Photo/ Alessandra Tarantino)

Ethan Elder, father of Finnegan Lee Elder, left, attends a hearing for the appeals trial in which his son is facing murder charges for killing Italian Carabinieri paramilitary police officer Mario Cerciello Rega, in Rome, Wednesday, July 3, 2024. (AP Photo/ Alessandra Tarantino)

Gabriel Natale Hjorth listens to his lawyer Francesco Petrelli during a hearing for the appeals trial in which he is facing murder charges for killing Italian Carabinieri paramilitary police officer Mario Cerciello Rega, in Rome, Wednesday, July 3, 2024. Two American men face a new trial in the slaying of an Italian plainclothes police officer during a botched sting operation after Italy's highest court threw out their convictions. (AP Photo/ Alessandra Tarantino)

Gabriel Natale Hjorth attends a hearing for the appeals trial in which he is facing murder charges for killing Italian Carabinieri paramilitary police officer Mario Cerciello Rega, in Rome, Wednesday, July 3, 2024. Two American men face a new trial in the slaying of an Italian plainclothes police officer during a botched sting operation after Italy's highest court threw out their convictions. (AP Photo/ Alessandra Tarantino)

FLAGSTAFF, Ariz. (AP) — Less than a week after an Arizona man reported his wife missing, launching an expansive search that quickly turned into a criminal investigation, he admitted to killing her and pleaded guilty to murder, authorities announced Friday.

As part of a deal with prosecutors in Coconino County, Daniel Paduchowski pleaded guilty Friday to second-degree murder in the death of his 45-year-old wife, Kelly. He also pleaded guilty to tampering with physical evidence, concealment of a dead body and possession of dangerous drugs, according to a copy of the plea agreement.

The agreement, reached earlier Friday before the Flagstaff Police Department held an afternoon news conference, marks a stunning and swift resolution to a homicide case that was opened just days earlier and that could have otherwise stretched for years as it made its way through the legal system.

At the news conference, Flagstaff Police Chief Sean Connolly emphasized that it had been just six days since authorities were alerted to Kelly Paduchowski's disappearance.

“I was at the barber. I've been at the dry cleaners. I've been to restaurants and businesses, and this has been on everybody's mind,” he said. “When communities are not indifferent, and they are engaged at this level, these are the outcomes that you have.”

Authorities didn’t provide any details about what might have led to the killing, nor did the plea agreement include information indicating a possible motive.

Paduchowski’s attorney did not immediately respond to email and phone messages seeking comment.

Michael Tunink, a senior attorney at the Coconino County attorney's office, said Daniel Paduchowski, 58, is expected to be sentenced to 16 years without the possibility of parole for the murder charge. His sentencing is scheduled for Sept. 10.

Authorities said Paduchowski called Flagstaff police on Sunday night, saying his wife never returned after leaving to go for a run and a swim at Lake Mary, southeast of Flagstaff.

Police said they quickly began to suspect Daniel Paduchowski had been involved in his wife's disappearance, after the woman's relatives found her car on the other side of town.

By Monday morning, police said, the missing persons case had turned into a homicide investigation. The Flagstaff Police Department announced Daniel Paduchowski's arrest the next day.

As part of his deal with prosecutors, Daniel Paduchowski provided authorities with information about his wife’s remains and other evidence, including her cellphone, car keys and a weapon allegedly used to kill her, Tunink said.

Flagstaff police said they found Kelly Paduchowski's remains on Friday morning but did not release the location, citing active “recovery efforts.”

Authorities said the search for Kelly Paduchowski was expansive, including local and federal agencies, nearly 50 search and rescue members who searched by foot, helicopter and on mountain bikes, as well as search dogs and drones. About 60 people from the community also volunteered for the search effort, police said.

Connolly, the Flagstaff police chief, said Friday that authorities have been in constant contact with the victim's relatives, including her children.

“Since the moment I sat in the living room with Kelly's family, I cannot tell you how impressed I have been with their strength and their resolve in handling this incredibly tragic situation," he said.

Yamat reported from Las Vegas.

Flagstaff Police Chief Sean Connolly announces a conviction in the disappearance and death of Kelly Paduchowski, in Flagstaff, Ariz., Friday, July 5, 2024. The woman's husband, Daniel Paduchowski, pleaded guilty to second-degree murder in her death. (Hattie Loper/Arizona Daily Sun via AP)

This image provided by the Coconino County, Ariz., Sheriff's Office shows Daniel Paduchowski, who pleaded guilty Friday, July 5, 2024, in the death of his wife, Kelly Paduchowski, less than a week after he reported her missing. (Coconino County Sheriff's Office via AP)

Sheriff's officials and volunteers park at the Campbell Mesa trailhead near Flagstaff, Ariz., Monday, July 1, 2024, as they search for Kelly Paduchowski, who was reporting missing a day earlier. Her husband, Daniel Paduchowski, pleaded guilty Friday, July 5, to second-degree murder in her death. (Jake Bacon/Arizona Daily Sun via AP)

This image provided by the Coconino County, Ariz., Sheriff's Office shows Daniel Paduchowski, who pleaded guilty Friday, July 5, 2024, in the death of his wife, Kelly Paduchowski, less than a week after he reported her missing. (Coconino County Sheriff's Office via AP)