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

[Rictracee]

LOL. .here's another proud NRA member showing off.. yup yup .. you betcha

[lakat]

i work with a young Iraq War Vet and he expresses his desire to get involved in fights over slights, or whatever reason. He says no one understands what he went through but other vets and that being in Iraq with his 'brothers' would be his preference rather than trying to get along with civilians.

We have made monsters out of perfectly good young men. Even if they come home physically whole, they are emotionally and mentally broken and have trouble re-entering society. We will hear more of these stories, sadly.

[GrainOSand]

Two quick things:

1. Your comment reflects an underreported story. Sure, there have been some PTSD stories, but none that sought (that I have seen) to suggest the real serious nature of the issue or a comprehensive approach to healing.

2. Some of those people were monsters before they went there and war only made that tendency blossom. A true warrior does not covet violence. A person with something to prove or with something missing (self-esteem) is usually the violent one.

[Gunfighter]

Remember, "soldier" and "warrior" don't always mean the same thing. Less than half of the people in the srmed forces could even come close to being honestly called warriors.

[abbeyroad]

it's an open & shut case.
the trial will last last 3 days.

then the bully will be going to jail.

[Mort]

First of all, if you go to a movie and are noisy, you have to expect getting told to shhhh without flying off the handle. Who in their right mind gets in a fist fight in the middle of a show? And then using lethal force over something like this is certainly more than assault or reckless endangerment.

Sure he deserves our gratitude for serving in the military. But this isn't Iraq, and we can't allow behavior like this to go unpunished. If it goes unchecked, he'll eventually kill someone over a stupid argument. Make him do long term counseling, but he should start it while he's in jail.

[Beowolf741]

The mugshot of him isn't doing him any good.

[bubbuh]

That's from his family Xmas card photo.

[UncleJimbo]

PTSD?

[janinei]

my thoughts exactly!

[anastasiabeaverhousen]

If only he had spent as much time in Anger Mgmt Class as he did on his eyebrows.......

[bubbuh]

He doesn't look happy with you. And, I'll just bet they only took his going-to-the-movies-on-a-date gun.

[MalloMel]

I was wondering about the eyebrow thing. I do wonder what that is all about.

[icemilkcoffee]

That's the problem with this country: too many a-holes and too many guns.

[YouDisgustMe]

preach

[rucognizant]

You betcha!
In a neighborhood of old widows............... we have a new family............parents seem lovely, but son
joined the military before even finishing high school. Now a senior, he and a buddy did target practice over the holiday, out in the back 40.
I'm accustomed to the occasional hunter shooting a deer out there ( one or two shots does the trick),
but this was LOUD rapid repeat fire, from something more than a hunting rifle.
Last fall their roofer, felt entitled to broadcast HIS choice of music ( from his truck radio ) all oiver the neighborhood, so he could hear it while on the roof.
I guess I better buy a gun so I can shoot them in the arm if they get too loud again!
( I paid more than $10. to be living here!)

[larry278]

He fought to preserve his & others rights to a fair trial. Grant him a fair trial. That often isn't explained to you when you enlist. Be aware that some will maintain that he did not fight for freedom. There is an irony in that; he also fought for the right of dissent. No, I don't want to discuss the reasons W & Co used to invade & occupy Iraq. It's clear that W & Co lied about Iraq having or building nukes.

[Proxy11]

Oh really, you most know this man then? I bet you even asked him what his reason was for joining the military.

[6925thCobras]

No, I am just judging him by the actions he has taken as reported in this post (shooting an unarmed father with his kids) and his picture (they say a picture is worth a thousand words).

Funny, now that you mention it, when you see guys like this and you know that they represented America in the Middle East you can begin to understand why the number of terrorists increased in Iraq the longer our army and our security forces (blackwater etal) stayed around.

[6925thCobras]

Larry, I may be wrong, but for some reason, I don't feel that this guys motives for going to Iraq were to protect anyones rights. To me it seems more likely that he is what they call a "loose canon", someone "looking for action", a person prone towards violence. But then again, in my case, when I go to the movies, I generally only sneak in a box of Dots, not a loaded pistol.

[mphalen]

He wasn't fighting for anybody's rights in Iraq. He was fighting for rich guys to get contol of Iraq's oil.

[LWkcma]

the way I understand it is, if you are in the military, you go where they tell you to go and fight who they tell you to fight. You may join for all the right reasons and end up doing damage for all the wrong ones. "Your not to reason why, Yours but to do...."

[Deckard1138]

God, this is SO American. When are you idiots going to learn that your gun-happy culture makes you indistinguishable from Neanderthals running around with spears? Morons.

[Merckx]

As an American I should take offense to this. But since I live with these troglodytes year in and year out I would be lying if said you were wrong.

[Acid Monkey]

LOL. I agree. I'd imagine that the NRA would be issuing a statement soon saying that if the victim had a gun as well this would never have happened. American gun culture.... I'd laugh except that its more scary than funny. I can only shake my head and pity them.

[YouDisgustMe]

lol agreed but why so harsh?...have mercy :-)