Jason Getsy

Case metadata

• Name: Jason Getsy
• Gender: Male
• Race: White
• DOB: October 3, 1975
• Inmate number / identifier: OSP #A330-121
• Institution: Southern Ohio Correctional Facility
• County of conviction: Trumbull County
• Case number: 95-CR-399
• Presiding judge (sentencing): W. Wyatt McKay
• Prosecuting attorney: Dennis Watkins
• Date of offence: July 7, 1995
• Date of sentencing: September 12, 1996

Timeline

• July 7, 1995 — Ann Serafino was fatally shot in her home in Hubbard, and Charles (“Chuckie”) Serafino was shot seven times and survived.
• July 8, 1995 — Getsy gave a videotaped interview.
• June 20, 1995 — Officer Thomas Forgacs asked Richard McNulty, who worked for Santine, what John Santine had in store for Chuckie when he got out of jail.
• July 7, 1995 — A five-count indictment was returned against Getsy by the Trumbull County Grand Jury on July 17, 1995 (as stated in the proceedings described).
• July 17, 1995 — The Trumbull County Grand Jury returned a five-count indictment against Getsy.
• August 5, 1996 — Getsy proceeded to a jury trial.
• August 22, 1996 — Trumbull County judges held an annual picnic at the home of Judge Ronald Rice’s mother; Judge McKay and Judge Rice attended.
• August 23, 1996 — Getsy alleged Judge McKay appeared with bruises and sunglasses; the trial continued on August 23 without mention of the picnic or accident.
• August 26, 1996 — Getsy filed a Motion for Mistrial and a Motion for Recusal and filed an Affidavit of Disqualification against Judge McKay.
• August 27, 1996 — The Chief Justice denied the Affidavit of Disqualification.
• September 10, 1996 — Following a mitigation hearing, the jury recommended that the death penalty be imposed on Getsy.
• September 12, 1996 — The trial court accepted the jury’s recommendation and imposed a death sentence for aggravated murder.
• August 18, 2009 — Getsy was executed by lethal injection in Ohio.

The offence

Jason Getsy participated in a killing scheme targeting Charles Serafino, while Ann Serafino was killed in the attack.

Victims

• Ann Serafino (age given as 66-year-old woman in execution reporting)
• Charles (“Chuckie”) Serafino (age given indirectly through “murder attempt” context; he was shot seven times but survived)

Events on the night of the shootings

On the evening of July 6, 1995, Ann went to bed at approximately 11:00 p.m. Chuckie was on the love seat in the family room when, sometime after 1:00 a.m. on July 7, he heard a loud explosion. Shells from a shotgun blasted out the sliding glass door behind him and wounded him in the arm. As he ran for the bathroom, Ann came out of her bedroom. Chuckie remembered hearing his mother say to someone: “What are you doing here? Get out of here.” He also remembered hearing someone say, “Shoot the bitch,” or “Kill the bitch.” Chuckie next recalled seeing a gun in his face and being shot again. He fell to the bathroom floor and pretended to be dead. After the intruders left, he called 911.

Officer Thomas Forgacs responded to the call. The officers broke into the Serafino home and found Chuckie lying on the floor with blood all over him. Chuckie asked the officers to check his mother; she was dead. Forgacs left the scene to check for a white Crown Victoria owned by John Santine.

Prosecutors said Chuckie was lying wounded on the floor when Getsy struck Ann in the head with a revolver, opening a 4-inch gash, and then shot her twice. Getsy fatally shot Ann in her home in Hubbard, near Youngstown, on July 7, 1995. Chuckie was the intended victim and was shot seven times but survived.

Prior dispute and orchestration of the killing

The indictment and trial evidence described a business dispute. It was stated that:

• John Santine and Charles Serafino had a dispute over a lawn care business.
• Santine attempted to purchase a portion of Chuckie Serafino’s lawn-care business earlier in the year and deposited $2,500 in the business’s account.
• Santine later attempted to take over Chuckie’s business while Chuckie was incarcerated in the Trumbull County Jail until July 6, 1995.
• Santine transferred Chuckie’s building lease and equipment into his own name, causing an altercation between Santine and Ann Serafino and Chuckie’s sister.
• The Serafinos filed a civil action against Santine while Chuckie was still in jail.
• Santine offered Getsy $5,000 to kill Charles Serafino and any witnesses.

Getsy stated during a videotaped interview that he was scared of Santine and participated in the shootings, but did not do it for the money.

Investigation and arrest

Officer and detective involvement

After the shootings, Officer Forgacs searched for Santine’s car because of a conversation he had on June 20, 1995 with Richard McNulty. McNulty had lived at 24 1/2 South Main and had previously served as a police informant.

The conversation was described as follows:

• Forgacs asked McNulty, who worked for Santine: “What does Johnny have in store for Chuckie when he gets out of jail?”
• McNulty told Forgacs: “He's dead. He's bought and paid for.”
• McNulty told Forgacs that Santine had lined up a hit man, Tony Antone, to kill Chuckie Serafino.
• Forgacs gave little credence to McNulty’s statements and did not inform Chuckie or follow up on the information.

Forgacs returned to the murder scene and told the Hubbard Township Police what McNulty had told him a few weeks earlier. Detective Donald Michael Begeot and Forgacs went to take McNulty in for questioning.

Arrest and Miranda warnings

Based on other information obtained from McNulty, Begeot obtained an arrest warrant for Getsy. Getsy was arrested at approximately 10:00 p.m. on July 7, 1995, in the driveway of 24 1/2 South Main. He was given Miranda warnings at the scene and later at the Hubbard Township Police Department. At approximately 1:00 a.m. on July 8, 1995, Getsy gave a videotaped interview.

Statement and participation described by Getsy

During the videotaped interview, Getsy told Begeot that Ben Hudach called him on the evening of July 6, 1995, and told him to come to 24 1/2 South Main Street. When Getsy arrived, Hudach told him that Getsy, Hudach, and McNulty had to “take out some guy.” Santine was not present; Hudach related what Santine had told him earlier. Money had been discussed, but Hudach was not sure of the amount.

Getsy later indicated he participated because he was scared of Santine, but did not do it for the money. He described the driving to the Serafino residence and returning to 24 1/2 South Main because they could not find a place to park. Santine then drove them back to the Serafino house.

Getsy described the guns they took:

• a shotgun
• a SKS rifle
• a .357 magnum handgun

Getsy explained that after Santine dropped them off, Hudach sprained his ankle and went back to where they were supposed to be picked up, leaving: “[T]hat left me and Rick to get it done.”

Getsy admitted they were supposed to kill Chuckie Serafino and said he and McNulty fired simultaneously through the sliding glass door. They entered through the shattered door, shot at Chuckie running down the hall, and when they saw Ann, they “just kept shooting.”

Getsy was reluctant to mention Santine’s name during the interview. He told Begeot that the same thing that happened last night could happen to him and asked whether Santine would ever see the interview tape. Begeot assured Getsy that Santine would not be able to get to him. Getsy also asked Begeot if he was going to die, and Begeot told him: “No.”

Getsy admitted he had the SKS rifle and the handgun during the shootings and explained that when he was shooting the SKS, the clip fell out so he had to pull out the handgun. Getsy said he had been instructed to kill any witnesses. When asked what they were told about witnesses, he replied: “[I]f we were seen, to do them, too.”

After the shootings, Hudach called Santine to tell him it was finished and to pick them up. Santine told Hudach that there were cops everywhere and that they should run through the woods and ditch the guns. Getsy, McNulty, and Hudach returned to 24 1/2 South Main, where Josh Koch and Santine were waiting. Santine ordered them to take off their clothes and take a bath. Getsy was last to bathe; when he came out, his clothes and boots were gone, and he did not know what happened to them.

Other witnesses and testimony

Josh Koch

Josh Koch testified that he was at 24 1/2 South Main Street on July 6 and 7, 1995. He knew Getsy, McNulty, and Hudach were going out to do something for Santine but they declined to give him details. Koch said he watched TV and wrote down the shows so the other three could memorize them for an alibi.

After Getsy, McNulty, and Hudach left, Koch waited in the apartment. Koch testified that Santine came to the apartment around 1:00 a.m., jumped up and said: “I heard the gunshots.” Immediately thereafter, the telephone rang and Koch heard Santine talking quickly. Koch testified that Santine said: “So you killed them, right, you killed them both? * * * Okay. Well, I can't come pick you up. The cops are everywhere, they are pulling over everybody, you got to run through the woods and ditch the guns.” Koch also testified that Santine hung up and happily screamed: “I fucking love these guys.”

Koch testified that Santine was pleased with the men and said: “You guys want $10,000? I'll give you $10,000.” Koch further testified that McNulty said he just wanted a wedding ring for his girlfriend; Hudach said it was a favor for Santine. Getsy indicated he needed money for his car.

Koch testified that the next day he heard Getsy bragging to Patricia Lawson about shooting Ann Serafino. Getsy grabbed a piece of pizza with no cheese on it and said: “This looks just like this bitch's face after we shot her.”

Officer and forensic evidence

Michael Roberts, a forensic scientist, identified projectiles recovered from the murder scene. It was stated that none of the projectiles found outside the family room area where the sliding glass door was blown out was discharged by the shotgun that, according to Getsy, McNulty carried and fired. The projectiles linked to the shotgun were recovered in the family room.

Trial

Charges and specifications

Getsy was indicted on a five-count indictment including:

• aggravated murder of Ann Serafino with prior calculation and design
• attempted murder of Charles Serafino
• aggravated burglary
• a conspiracy count (later dismissed)

The aggravated murder count included three death penalty specifications:

1. aggravated murder committed in conjunction with purposeful killing of or attempt to kill two or more persons
2. murder for hire
3. felony murder

Trial timeline and verdict

Getsy’s jury trial proceeded before the Trumbull County Court of Common Pleas on August 5, 1996. The jury returned verdicts finding Getsy guilty on all counts and specifications; thereafter, the prosecution dismissed the conspiracy count.

Mitigation and recommendation

Following a mitigation hearing, the jury recommended on September 10, 1996 that the death penalty be imposed. The trial court accepted the recommendation and imposed a death sentence for aggravated murder on September 12, 1996.

Sentencing

Getsy received a death sentence for the aggravated murder charge. The characteristics listed in the material included murder for hire.

Trial judge

• Trial presiding judge: W. Wyatt McKay
• Getsy’s motions for recusal and mistrial were denied; the Chief Justice denied the affidavit of disqualification.

Execution and last words

Execution details

Getsy was executed by lethal injection in Ohio on August 18, 2009. He was pronounced dead at 10:29 a.m. local time after receiving a lethal injection. The execution was carried out at Lucasville prison, at the Southern Ohio Correctional Institution.

Final words

Getsy made the following statements before his death:

“Charles and Nancy Serafino and all your loved ones, for all the pain that I caused, you get my earnest prayer that God grant you peace and healing,” Getsy said, looking at murder victim Ann Serafino’s grown children, who witnessed the execution. “I’m sorry. I know it’s little words but it’s true. “God is so good that he gave his only son for my sins. Even lying here today I can say how blessed I am,” Getsy said.

After the execution, Charles Serafino (wounded in the attack) stated: “It’s too little too late. All I know is my mother is still in the grave and that’s the bottom line. We all have to pay for what we do in life and he paid today.”

Nancy Serafino stated: “It was a lot more humane than what he did to my mother.”

Witnesses and conduct during execution

Nancy and Charles Serafino and a niece of Ann Serafino, Sue Carfangia, sat quietly and watched without speaking. A witness said as Getsy began to lose consciousness: “Sleep. Yes, sleep, sleep my friend.”

Warden Phillip Kerns shook Getsy and called his name as part of prison policy. At 10:21 a.m., a member of the execution team re-entered the death chamber and checked shunts on both arms.

Last meal and personal items

Getsy’s final/special meal included:

• ribeye steak, cooked medium rare with A-1 sauce on the side
• hot barbecued chicken wings and onion rings with ketchup
• fried mushrooms with marinara sauce
• a chef salad with ranch dressing
• pecan pie with vanilla ice cream
• two types of soda pop

Appeals and habeas

• State v. Getsy: 84 Ohio St.3d 180, 702 N.E.2d 866 (Ohio 1998) (Direct Appeal). The judgment was affirmed.
• Getsy v. Mitchell: 456 F.3d 575 (6th Cir. 2006) (Habeas).
• Getsy v. Mitchell: 495 F.3d 295 (6th Cir. 2007) (Habeas).

Grounds addressed on direct appeal (as stated)

On direct appeal, the Ohio Supreme Court held, among other rulings, that:

• denial of affidavit of disqualification of trial judge rendered moot motion for recusal
• retained counsel did not have actual conflict of interest
• counsel was not ineffective
• confession was voluntarily obtained
• denial of request for change of venue was within court’s discretion
• removal of prospective jurors for cause was proper
• evidence of prior acts was admissible
• convictions were supported by evidence
• foreseeability instruction was not plain error
• duress cannot be asserted as defense to charge of aggravated murder based on killing in connection with an enumerated felony
• defendant was not entitled to instruction on duress as affirmative defense to capital specifications, or to charge of aggravated burglary
• death penalty was appropriate under circumstances

Habeas outcomes described

• In Getsy v. Mitchell, 456 F.3d 575 (6th Cir. 2006), it was held that the death sentence was unconstitutionally disproportionate/arbitrary in relation to the life sentence of Santine and it was remanded for an evidentiary hearing regarding judicial bias.
• In Getsy v. Mitchell, 495 F.3d 295 (6th Cir. 2007), the Court affirmed denial of habeas relief.

Co-defendants and related case outcomes

The killing involved four co-defendants: John Santine, Richard McNulty, Ben Hudach, and Jason Getsy.

Hudach

• Ben Hudach was convicted of murder and sentenced to 20 years to life (accomplice outcomes described).

McNulty

• Richard McNulty was convicted of murder and sentenced to 30 years to life (accomplice outcomes described).

Santine

• John Santine was tried later and was sentenced to 20 years to life after the jury rejected a request for the death penalty (as stated).
• In the material, Santine was convicted of aggravated murder, attempted aggravated murder, conspiracy to commit aggravated murder, and aggravated burglary, and was not convicted of the capital specifications, so he could not be sentenced to death (as described in the sentencing discussion).

Other details

Victim and witness names included in the material

• Ann Serafino’s grown children witnessed the execution (Charles and Nancy Serafino named)
• A niece of Ann Serafino, Sue Carfangia, witnessed
• Patricia Lawson was mentioned in relation to Getsy bragging
• Michael Dripps was mentioned as a friend who acknowledged Getsy’s behavior with a gun and involvement in wiping prints
• Tony Antone was mentioned as the hit man that Santine was alleged to have lined up to kill Chuckie Serafino
• Officer Thomas Forgacs was mentioned as responding and searching for Santine’s vehicle
• Detective Donald Michael Begeot was mentioned as obtaining an arrest warrant and interviewing Getsy
• Warden Phillip Kerns was mentioned during the execution process
• Prisons spokeswoman Julie Walburn was mentioned in relation to Getsy’s demeanor and process
• Governor Ted Strickland was mentioned as overruling the parole board’s recommendation

Context of parole and clemency

The Ohio Parole Board by a 5-2 vote recommended clemency, and Governor Ted Strickland overruled the recommendation and did not grant clemency.

Education and background details mentioned

• Getsy dropped out of school in the 12th grade.
• It was stated that Getsy never met his father and was raised by his mother and stepfather.
• In 1992, Getsy was convicted of negligent homicide in the death of a 14-year-old companion who died playing Russian roulette.