Iraq Vet's Lawyer: He Fired In Self-Defense In Shooting Over Noisy Moviegoers

PHILADELPHIA — An Iraq veteran charged in a Christmas night shooting over noisy moviegoers fired in self-defense, his lawyer said.

James Joseph Cialella, 29, of Philadelphia, is charged with firing a shot that broke the arm of Woffard Lomax Jr. inside a movie theater during a screening of the film "The Curious Case of Benjamin Button."

A judge on Wednesday ordered Cialella held for trial on aggravated assault, reckless endangerment and related charges. The judge tossed out an attempted murder charge over a prosecutor's objections.

Lomax, 31, told the judge he was at the movie with his girlfriend and her three teenagers, enjoying the film and laughing, when a man in front of him _ not Cialella _ told him to quiet down.

"We can't laugh?" Lomax recalled asking.

A second man threw popcorn at the family, and a brawl ensued. Lomax said he was fighting with the first man when the second man pulled out a gun and fired, striking him in the left arm.

A defense lawyer argued that Cialella was being choked and punched as he tried to break up the fight and fired in self-defense.

"He's a marksman," lawyer Greg Pagano said. "If he wanted to shoot to kill, he would have."

Cialella spent five months in Iraq with the Army before being honorably discharged in September, Pagano said.

Municipal Court Judge Craig M. Washington lowered Cialella's bond from $350,000 to $50,000, but ordered him to remain under house arrest if he is released. It was not immediately clear Thursday whether he had posted bail.

Lomax did not elaborate on his testimony after the hearing.

Police have said Cialella brought a .38-caliber handgun in his waistband to the South Philadelphia megaplex.

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Information from: The Philadelphia Inquirer, http://www.philly.com

Comments

[cloudmaker]

While we're at it, let's discuss live theater. You would think that the attendees
spending prices as high as $100 might be more sophisticated Wrong. I am
most amazed by those who think the overture is still an opportunity to chat,
and that a short change of scenery and chance to get caught up. When I was
a child we were taught etiquette in grade school. I am guessing there is no
such subject anymore.

[WmC]

OK, Now. Please repeat loudly and in unison 3 times: "The armed society is a polite society." That explains why Americans are so polite in comparison to other nationalities.

[AnotherMcIntosh]

This is certainly true in Chicago.

[who38]

Is it legal to carry a gun in Pennsylvania? Permits not required?

[mdlw]

I do not see a self defense case at all.

More importantly, children witnessed three grown men fighting in a movie theater and one firing a gun to settle the argument.

[hortonhearsawho2]

It's not like a porn movie was showing and you know someone is getting screwed...

[Steamboater]

Like with Vietnam, you're bound to have some whacko vets returning. The question is, was there something wrong with them prior to going to Iraq or what happened there that triggered this sort of behavior? I suppose now we'll have to be scanned before going into a movie theater to check for weapons.

[marinemomof3]

Whacko vets eh steamboater......

from a family of vets

f

u

[who38]

Lots are returning with PTSD. They have been asked to do too many tours with little time in between. Also there are lots of concussion cases that have resulted in permanent brain damage.

[banja]

And I thought Gigli was bad.

[cdheller]

"Cialella was being choked and punched as he tried to break up the fight and fired in self-defense"
fight apparently started between other two .
being strangled is considered a deadly threat in my neck of the woods,and deadly force is allowed .
I think I'll wait to Condemn the man until more facts and sides of this clusterf*** come out

[goodog]

I've sat by an over-laugher in a movie too. it's as bad as a talker.

[Bobotheclown]

I'm sorry, perhaps I'm not reading this right. An armed man pulls out a gun and shoots an unarmed man. In a crowded movie theater filled with women and children. An armed man who is not a member of any police force, is not wearing a uniform, and does not announce that he has a gun. He just fires a weapon in a crowded theater and puts the lives of hundreds of innocent people at risk. Let me set you all straight on this:
1. In America you cannot shoot people you do not like whether they are talking in a movie theater or not.
2. Most soldiers do not have PTSD or any form of mental disturbance from a tour of military duty.
3. Even if he did have PTSD that has no moral or legal standing in this case. He committed a crime when he fired that weapon.
Justice requires, if he in fact did what he is charged with doing, that he be charged with aggravated assault, reckless endangerment and face 3-5 years in jail without probation. As a felon he should lose the right to carry a gun for the rest of his life. Its called the rule of law.

[Bart33]

You're like, the last of a dying breed in America. The ability to apply clear, simple common sense. It's gone. Now if you try it, you're considered heartless and.. mean. We're all adult-children now.

[AnotherMcIntosh]

There must be something wrong with the assumptions being made by so many people, and perhaps yourself.

Consider this: (1) The judge, who heard more of the facts reported by the AP reporter, reduced the bail from $350,000 to $50,000. (2) He also evaluated the legal arguments made by both attorneys and decided to dismiss the attempted murder charge.

The only reported defense for his actions is that of self-defense.

Apparently, unless someone has additional information, his attorney did not claim that he was suffering from PTSD. There is no report that the person who was shot claimed that the shooter was suffering from PTSD, nor that the prosecutor claimed that he was suffering from PTSD, nor that the judge in any way indicated that he believed that he was suffering from PTSD.

The only ones who seemed to have diagnosed him with PTSD are anonymous posters. None of them seemed to have claimed that they have any particular medical expertise in that field or any other, or that they have a reasonable basis for their PTSD claim aside from clairvoyance, intuition, or something simlar.

There is an absence of facts as to what was said immediately before the shooting, and we do not know that he did not "announce" that he had a gun. For all we know, the shooter might have six witnesses that can all testify that he said immediately prior to the shooting: "Put down the knife."

[motoGpifupleez]

So being in the military makes you a "Superior American" with the right to shoot whomever for whatever? Gosh, I sure am glad the military lowered it's standards to allow in violent felons and individuals who previously wouldn't have made it past the Psychological tests.

And on top of that, we may establish the legal precedent of "Innocent because he Served".

Happy New Year!

[Highwind]

PTSD? That could be the reason why he went off like that. I've never really experienced the people talking while a movie is on. It usually happens when I go to see a movies and the teenagers are there. That only happened once.

[btanner]

But popcorn's so expensive!

[Merciful]

Aw, gee - Look at the poor man's photo. You can tell how bothered he was. We've become such an audience of whiners. Although I guess shooting someone may have been a bit over reactive. Don't they teach soldiers how to quietly garrote a guy in the theater of war anymore? Sheesh!

[Telemachus]

That face has "self-defense" written all over it.

[tablogloid]

I have yet to read what movie was playing at the time. Was it a comedy? That may explain the laughing.

In the end though, there is no acceptable excuse or reason for shooting a gun in a theatre whether by a marksman or just some yo.

[MadMoll]

Benjamin Button. He was laughing at Brad Pitt

[Eric8869]

It wasn't laughing it was SNORING