A Wildwood Crest man accused of fatally shooting his grown stepson during an argument in their home was ordered held in jail Wednesday.
Carmine Neri's attorney claims that his client shot in self-defense after 41-year-old Joseph Falciani kicked in the locked door of Neri's office, where the defendant went to escape.
But Assistant Prosecutor Edward Shim noted that there is no evidence Falciani had any type of weapon and the victim's character was not on trial.
The argument started Feb. 12, when Falciani's 10-year-old son — who was off school for a snow day — left the pants he had worn to play outside hanging on the banister dripping and wet.
Neri asked the boy to move the pants, sparking an angry reaction from Falciani, according to the information presented during the detention hearing.
Neri went upstairs because "he knows Joey and his propensity for violence," defense attorney Matthew Portella told the judge.
Falciani was then told to leave the home by his mother, who then went down the stairs, Portella said.
He claims Neri went into his office and locked the door. Falciani then kicked it in and came at Neri angry and screaming. Neri then took out a gun — one of three his attorney said he legally owns — and fired once.
The sound brought Falciani's sister, Jenna, up the stairs, who told investigators she believed her brother had shot himself.
Both women were downstairs at the time of the shooting, according to the narrative. It was unclear exactly where the 10-year-old was at the time, but the charges include child endangerment due to the boy being there.
Jenna Falciani told police that her stepfather was obsessed with her mother and wanted it to be just the two of them.
But Portella said his client's stepdaughter also claimed her brother and stepfather were getting along well, including happily cooking together for the Super Bowl three days earlier.
He also pointed to the woman's criminal history, which included being on home detention at the time of the incident, and being a certain person not to own a gun.
It was unclear why the court would allow her to be detained at a home where there were guns.
"Jenna Falciani is not charged with anything," Shim told the judge. "Whatever Jenna Falciani did in her life, it has no relevance to what happened in the home."
Neri also is accused of witness tampering for calling his wife and allegedly asking her to change her story.
Portella said the state has not given him any information about that charge other than the affidavit.
During the call, Portella claims, the conversation included the wife saying, "You killed my son," to which Neri replied, "You've got to tell the police the kind of son you had."
Portella also noted that his 63-year-old client has no criminal history, scoring the lowest possible scores on the public safety assessment used to help determine whether someone should be held under bail reform.
The assessment still called for Neri to be held, since the first-degree murder charge shifts the presumption to detention.
Judge Christine Smith agreed and ordered Neri held.
He will remain in the Cape May County Correctional Facility pending the outcome of the case.