Nicole Guyette

Background

Nicole Guyette was a Newark woman who pleaded not guilty to murder, aggravated assault and weapons charges. She was a former student of Barringer High School and had been celebrating her graduation from Barringer High School earlier that day. She was pregnant at the time of the shooting.

Sujeiti Ocasio was an 18-year-old neighbor of Nicole Guyette and a former classmate. Ocasio was shot just steps away from her Lincoln Avenue home while she was celebrating her graduation from Barringer High School. Ocasio died on June 27, 2008.

Ocasio’s mother was Maritza Velazquez. Ocasio’s uncle was Angel Velazquez. Ocasio’s friend, Jasmine Perez, was struck in the chest by the same bullet and was treated and released at a nearby hospital.

The offence

Nicole Guyette confronted a group of teenage girls after hearing that they called her a “trick,” a slang term for a promiscuous woman. Guyette testified that the gun accidentally discharged as she swung it to hit Ocasio, who had challenged her to a fight.

At the time of the shooting, Guyette was 18 and pregnant. Guyette had crossed the street to Ocasio’s home during a graduation party at Ocasio’s home, left angry, and believed that someone from the party had insulted her. Guyette had not been invited to the party.

The shooting occurred outside Ocasio’s home on Lincoln Avenue in the North Ward section of Newark. Ocasio was celebrating her graduation from Barringer High School. The Essex County Prosecutor’s Office described the incident as “a senseless tragedy” and characterized it as “an argument over name-calling that went too far.”

Investigation

Assistant Prosecutor William Neafsey said the investigation had turned up no real motive for the shooting other than a senseless argument that went too far. Neafsey also said that the two began arguing after Guyette heard a group of girls with Ocasio call her a “trick,” and that when no one admitted to saying the insult, Guyette went home and got a gun. Neafsey said Guyette returned home, came back outside with a handgun, and shot Ocasio in the neck outside of Ocasio’s home on Lincoln Avenue.

A ballistics expert testified during trial.

During cross-examination, Assistant Prosecutor William Neafsey said Guyette knew exactly what she was doing with the gun that night. Neafsey said:

“In fact, you did bring help. The gun was your help.”

Neafsey also said:

“You came back out the front porch and you said, ‘Who’s going to call me a trick now?"

Neafsey referred to the name she had been called, slang for prostitute, and Guyette replied, “Yes.”

Guyette acknowledged she could have avoided a confrontation by locking her front door and staying inside her home. Neafsey asked, “You could have walked away? Is that correct?” Guyette replied, “Yes, sir,”.

During trial, Guyette sobbed through most of her 40 minutes on the stand as she detailed the events of June 27. She said she had called her boyfriend for help before the shooting, and that she retrieved the gun only because she felt threatened and outnumbered. She said the day before, the boyfriend had handed her the weapon in a black bag, and she did not ask why. She also testified that, after walking outside with the gun, “it looked funny. It was broken or something,” and that the gun was cocked.

Arrest

Guyette turned herself in to an Irvington clergyman the following evening after the June 27, 2008 shooting. She remained in the Essex County Jail in lieu of $500,000 bail.

Trial

Nicole Guyette pleaded not guilty to murder, aggravated assault and weapons charges.

At her murder trial in Superior Court in Newark, the trial began last week and included testimony from two witnesses for the prosecution and a ballistics expert. Guyette was the only person to take the stand for the defense.

Guyette testified that she issued a warning during the confrontation and recounted:

“I said I’ll be back,”

She testified that she retrieved a gun from her home and after a brief confrontation fatally shot neighbor and former classmate Sujeiti Ocasio, 18. Guyette testified:

“I saw her fall and I got scared,” and “I was shocked and surprised. I never would think it would go off,” and “I didn’t touch the trigger.”

Guyette pleaded not guilty to murder, aggravated assault and weapons charges and claimed the handgun fired unintentionally as she swung it to hit Ocasio. She stated she did not touch the trigger.

At trial, Ocasio’s mother Maritza Velazquez was in court with more than a dozen friends and relatives, shook her head, and looked down several times during Guyette’s testimony. Velazquez wore a chain around her neck with a locket containing a picture of her daughter, who was to attend Essex County College.

On cross-examination, Assistant Prosecutor William Neafsey said Guyette knew exactly what she was doing with the gun that night and used the quotations included above.

Closing statements were expected for the morning, followed by jury deliberations.

Sentencing

Nicole Guyette was sentenced to 20 years in prison for the shooting death of 18-year-old Sujeiti Ocasio.

Judge Torkwase Sekou questioned whether the actions of Ocasio’s friends were appropriate the night of the shooting, and said she could not ignore the seriousness of the crime. Sekou said:

“Guns can’t be the answer for absolutely any reason,” and added: “The state wants the top and the defense wants the bottom,” and: “And no matter where we go, Sujeiti will not be (here).”

Moments before sentencing, Ocasio’s uncle Angel Velazquez paused in the middle of his statement to turn and look at Guyette’s family. Velazquez said:

“It ends here,”

Guyette pleaded for forgiveness at her sentencing, telling Superior Court Judge Torkwase Sekou that she didn’t even know the name of the former classmate she fatally wounded on graduation night in 2008. Minutes later, she was sentenced to 20 years in prison.

The sentence required Guyette to serve 17 years before she was eligible for parole. She was convicted by an Essex County jury of aggravated manslaughter in October.

Guyette was also convicted of simple assault and two weapons offenses. She was sentenced to a six-month sentence for simple assault and seven years for one weapon charge that ran concurrent to her 20-year sentence.

Guyette’s attorney Gerald Saluti said Guyette had no prior criminal history and turned her life around in jail by attending anger management classes. Saluti said he planned to appeal the sentence.

Assistant Prosecutor William Neafsey said the sentence sent a message about the illegal use of guns. Neafsey said:

“You may have a clean record,” and: “but if you use a gun to commit an offense, you will go away for a long time.”

Appeals

Guyette’s attorney Gerald Saluti said he planned to appeal the sentence.

Outcome

Nicole Guyette was convicted by an Essex County jury of aggravated manslaughter in October and was sentenced on December 14, 2010 to 20 years in prison.

Other details

At arraignment, Guyette appeared wearing rosary beads around her neck and pleaded not guilty to murder. Defense attorney Michael Orozco asked Judge Peter Vasquez for a March 25 court date to give Guyette sufficient recovery time after the birth of her child.

Judge Donald J. Volkert Jr. continued Guyette’s bail at $500,000 and made a statement from the bench expressing dismay. Volkert said:

“I find the circumstances of this particular case to be the saddest I have dealt with in my time on the bench,” and: “I find it to be profoundly sad.”

Guyette was represented by a private attorney, Randy Davenport, at her first appearance.

Guyette was accused of shooting Ocasio once in the neck at 12:15 a.m. outside the victim’s home at 196 Lincoln Ave. in Newark’s North Ward. The shooting occurred once in the neck, and Jasmine Perez, 15, was injured in the chest by the same bullet.

Authorities said Guyette shot her former classmate and neighbor Sujeiti Ocasio steps from Guyette’s home on Lincoln Avenue, where Ocasio had been celebrating her graduation from Barringer High School earlier that day.

Guyette surrendered days later.