Man Involved With Death Violates Probation And Gets Another Chance — (The Pocomoke Public Eye)

To view original article click here

The Pocomoke Public Eye

Sunday, September 12, 2010

SNOW HILL — A Circuit Court judge found 21-year-old Fernando Musiani in violation of his probation, two years after his involvement in the death of a Berlin teen, and ordered him to continue performing community service and attending anger management classes.
Judge Thomas C. Groton III told Musiani, who pleaded guilty to reckless endangerment in the 2008 death of Berlin’s Michael Harry “Mikey” Mitchell, to complete a anger management course he’s failed three times and 100 hours of community service. He was given the same tasks at the start of his probation.

“This is your second chance,” Groton said. “Rarely, if ever, do I give anybody a third chance.”

Musiani was charged with violating the terms of his probation for his failure to complete an anger management course and not completing 100 hours of community service, to be performed by talking to high school students about the consequences of drinking, in the past two years.

Mitchell died at age 19 in a fight at a high school graduation party. An Ocean City man three years older than Mitchell, Dominic R. Canale, allegedly clubbed Mitchell in the head with a wooden baseball bat he retrieved from a car’s trunk. Canale was convicted of manslaughter and sentenced to 10 years in prison. Musiani, who took part in the fight, pleaded guilty to reckless endangerment, and murder charges against him were placed on the stet docket.

Musiani, who represented himself, told the judge that he had tried to complete the anger management program three times but had failed each time because he missed too many classes. He said that he had trouble keeping jobs as well.

“When I start, I want to finish the things I do,” he said, “but something blocks mentally.”

Musiani told the judge he had seen a doctor who put him on a medication for depression. He also explained that his father had arranged for him to get counseling at Worcester Youth and Family Services.

“I’ve been making a lot of positive changes in my mind,” he told the judge. “I’ve already seen an improvement in myself and I’d like to continue the program.”