John Thomas Wolfenbarger

Case overview

John Thomas Wolfenbarger, 31, of Detroit, was convicted of murdering a jeweler and four family members in the robbery of $3,200 and jewelry from a safe in the victims’ house in Livonia. He was also convicted alongside Dennis Lincoln, 27, of Flint, for crimes committed during the commission of a robbery, which resulted in felony murder liability.

The victims were jeweler Marco Pesce, 38; Pesce’s mother, Maria Vergati, 68; and Pesce’s three children: Melissa, 6; Sabrina, 9; and Carlo, 12. They were found shot to death on December 21, 2002.

Timeline

• December 19, 2002 — Dennis Lincoln and John Wolfenbarger, in separate cars, communicated by cell phone as they targeted Marco Pesce and watched Italia Jewelry.
• December 20, 2002 — Lincoln and Wolfenbarger followed Marco Pesce home again and succeeded in determining the location of Marco’s home.
• December 21, 2002 — Wolfenbarger and Lincoln purchased items (a clipboard, delivery receipts, and a teddy bear) to plan to pose as deliverymen; they borrowed a pick-up truck from Wolfenbarger’s friend; Wolfenbarger drove the truck to the Pesce home, approached Maria Vergati in the garage, and entered the home; the family members were gunned down execution-style.
• December 21, 2002 — Marco Pesce picked up the children from their visit with their mother, then dropped them off at the Pesce home in Livonia at about 5:30 or 5:40 p.m., and returned to work at approximately 6:00 or 6:15 p.m.
• After Marco arrived back at work — Carlo called Marco and told him to come home because Melissa had fallen and chipped her tooth; Marco left work immediately and returned home.
• December 22, 2002 — Marco Pesce, his mother Maria Vergati, and his three children were discovered dead in the Pesce home; the house was ransacked and the family safe had been emptied of jewelry and cash.
• December 23, 2002 — Wolfenbarger’s uncle reported the suspects to police because of the children’s murder, he said.
• Christmas Eve (year not stated) — The two suspects were arrested during Christmas Eve raids; police recovered stolen jewelry and an alleged murder weapon.

The offence

Victims and discovery

Marco Pesce owned Italia Jewelry in Livonia. He was an Italian immigrant and was found shot to death in his home. His mother, Maria Vergati, was also found shot to death there, and Pesce’s children Melissa (6), Sabrina (9), and Carlo (12) were shot to death as well.

The bodies of the victims were discovered at their home one day later, after the family was shot execution-style on December 21, 2002. Police said the safe was open and the house was ransacked, and the family safe had been emptied of jewelry and cash. The evidence showed that Dennis Lincoln and Wolfenbarger carefully planned and prepared to rob Marco Pesce at his home.

Counts and alleged conduct

Wolfenbarger and Dennis Lincoln were charged with five counts each of premeditated murder and felony murder.

Prosecutor Michael Duggan said: “We believe these three children walked into a home where the armed killers waited for them.”

Police said Marco did not exit his vehicle and go inside the home when he dropped off the children. Investigators said the killings happened after Marco dropped his children off at their suburban Detroit home. The events included:

• Wolfenbarger approaching Maria Vergati, who was in the garage.
• Wolfenbarger allegedly forcing his way inside with a gun.
• The plan allegedly involving luring the family into opening the door using a teddy bear wrapped as a Christmas present, and having Carlo call Marco at work claiming Melissa had fallen and chipped her tooth to lure Marco home.
• The house safe being forced open and emptied of jewelry and cash after Marco arrived home.

Investigation

Investigators suspected the two men began zeroing in on Pesce’s house sometime in early December 2002.

Pesce’s 3,000-pound safe was filled with jewels, watches and other valuables. Evidence showed that Lincoln made a written statement to police explaining his role and describing how he and Wolfenbarger planned and prepared to commit their crimes.

According to Lincoln’s written statement:

• On December 21, 2002, he and Wolfenbarger purchased a clipboard, delivery receipts, and a teddy bear to further their plan to have Wolfenbarger pose as deliverymen to gain access to the Pesce family home.
• They borrowed a pick-up truck from Wolfenbarger’s friend to use when they committed the robbery.
• Late in the afternoon of December 21, 2002, Wolfenbarger drove the truck to the Pesce home, parked it in the driveway, and got out with the teddy bear and approached Vergati in the garage.
• Lincoln said he put his hand in his coat pocket, which contained a .380 pistol, and Wolfenbarger and Vergati went inside the home.
• Lincoln claimed Wolfenbarger made a gesture with his hand, so Lincoln left the Pesce home in the pick-up truck and drove to Italia Jewelry to watch for Marco.
• Lincoln and Wolfenbarger communicated by cell phone during this time.
• Lincoln claimed Wolfenbarger told him that he told Carlo to call Marco and tell him that one of his sisters chipped her tooth to lure Marco home.
• Lincoln claimed he fell asleep while he was sitting in the parked truck waiting for Marco.
• Lincoln claimed he awakened at 6:21 p.m. and then drove to the Pesce home and picked up Wolfenbarger.
• Lincoln asserted that when Wolfenbarger got into the truck, he said, “five dead, Bro’.”
• Lincoln said Wolfenbarger and he returned the truck to Wolfenbarger’s friend and brought bags containing items from the Pesce home to Tracy Letts’ home.
• Lincoln denied being the shooter and claimed that he simply dropped off and picked up Wolfenbarger at the Pesce home.
• Lincoln claimed that Wolfenbarger had determined that he did not need a gun because he would not go inside the Pesce home.

Arrest

Two men were arrested and faced trial for the December 21 robbery and murders of a 38-year-old retail jeweler and his family in Livonia, Michigan.

According to reporting, the two suspects were identified as Dennis Lincoln, 27, of Flint, Mich., and John Wolfenbarger, 31, of Detroit. They were arrested on Christmas Eve following an intense police investigation. During their Christmas Eve raids, police recovered stolen jewelry, including a watch taken from Pesce’s wrist, as well as the alleged murder weapon.

Trial

Pleas

Both Wolfenbarger and Lincoln pleaded innocent.

Juries and verdict timing

Separate juries found Wolfenbarger and Lincoln guilty. The verdict against Lincoln was reached the previous month but was sealed until the verdict against Wolfenbarger was reached.

Charges

Both men were charged with five counts each of premeditated murder and felony murder.

Sentencing

Wolfenbarger's sentencing on May 10, 2003 resulted in life in prison.

The New York Times reported that the men faced mandatory sentences of life in prison without parole. The verdict found them guilty of murdering the jeweler and four family members in the robbery of $3,200 and jewelry from a safe in the victims’ house in Livonia.

Appeals

No appeals were described in the provided material.

Other details

Prior prison and release context described

Police and reporting described that the killings were committed by recently-paroled robbers Dennis Lincoln and John Wolfenbarger.

Lincoln served nine years for armed robbery, and Wolfenbarger served eight years for a series of burglaries. Reporting also described that Lincoln and Wolfenbarger met while serving time at the Boyer Correctional Facility in Carson City.

Reporting stated that they were paroled earlier in the year.

Testimony about bragging and police contact

At a preliminary hearing, Wolfenbarger’s uncle, William Smith, 36, of Detroit, testified that he went to police after Wolfenbarger came late on the night of the killings looking for a change of clothes and bragged that something he did would be shown on CNN. The testimony included the detail that Wolfenbarger said he had done something that would make the national news.

Related family fund

Relatives of the Pesce family established the Carlo, Sabrina, and Melissa Light of Life Memorial Fund, named for the three murdered children, to help save the eyesight of children of poor Italian families who did not have enough money to cover medical bills.