Published: May 12, 2006 09:29 am      

Constantino admits to 2005 murder

By TAMMIE TOLER

Princeton Times



PRINCETON — James Dennis Constantino said Wednesday that he pulled a trigger twice in the early hours of April 1, 2005, firing two bullets into his longtime domestic partner as he slept.

The year-long investigation into 44-year-old Pat Broughman’s fatal shooting closed Wednesday, when Constantino pleaded guilty to second-degree murder and told a judge he was the one who took the man’s life.

Constantino, known as “Jimmy” or “Mr. Constantino” in the community where he taught physical education for years before starting a career as a real estate broker, appeared weak and visibly shaken entering the plea. He sat, wearing a navy suit and coordinating tie, by defense counselor Michael Gibson and often shielded his face by covering it with his right hand.

On several occasions, he appeared to look to his two brothers in the courtroom gallery for assistance or encouragement when Circuit Court Judge Derek Swope posed questions to determine his competency and desire to enter a plea.

Swope reviewed Constantino’s rights at length in an attempt to make sure he understood the gravity of the situation and the severe ramifications of a guilty plea. A second degree murder conviction or plea mandates a 10-40-year sentence under West Virginia law.

“At the end of the day, this guy’s going to say he killed somebody and that he’s criminally responsible for it,” the judge said, explaining that he aimed to leave no doubt about the defendant’s intention.

Although Constantino had been slated to stand trial on a first-degree murder charge, he opted to plead before jury selection got under way Tuesday. Gibson said the defense would have put forth a defense based on diminished capacity, arguing that ongoing mental illnesses affected Constantino’s actions the day Broughman died.

What exactly took place in the Constantino-Broughman house on Unity Road was still up for debate.

Assistant Prosecuting Attorney George Sitler told the court the state was prepared to show evidence that Constantino shot his “longtime companion and partner” in the back of the head with a .38-caliber derringer.

“He then took measures to attempt to move the body,” Sitler said.

The prosecutor said investigating officers discovered Broughman’s body situated half in and half out of his bed on April 3, when Constantino phoned 911 and reported someone had been shot at his home.

Constantino’s vehicle also led authorities to believe he planned to dispose of the body, Sitler said. The back of his Chevrolet Blazer, which was parked in a basement/garage at the time police arrived, had carpet covering the back portion of the vehicle and the back seats folded down.

Sitler said investigators thought Constantino had taken those steps while planning a way to dispose of the body.

He also said the state would have presented a witness from Woodlawn Memorial Cemetery, who would testify that Constantino had made plans to cover his and Broughman’s burial expenses.

During the defense portion of the hearing, Gibson said his client admitted to the homicide.

“He did object to some of the evidence of premeditation,” Gibson said, prompting Swope to question the defendant himself.

“Did you shoot this guy while he was asleep?” Swope asked.

“Yes,” Constantino replied.

“Where did you shoot him?” Swope said.

“In the head,” Constantino answered.

However, the defendant said he never planned to dispose of the body once he fired the fatal shots.

Neither the state nor defense has publicly offered any motive or cause behind the shooting or explanation as to why he waited two days to report the death. The defense indicated several times that Constantino’s mental health was in question and was likely linked to the crime.

In fact, even after telling the judge he wanted to admit to killing his partner, Constantino said he hoped Swope might sentence him to treatment rather than a penitentiary.

The judge ordered a pre-sentence report and a psychiatric evaluation before sentencing. He set an Aug. 7 sentencing hearing, which he said could be delayed if necessary for the medical review, and instructed Constantino to remain on home confinement with family members.

Outside the courtroom, five family members or friends attempted to comfort Constantino, hugging him while he wiped his eyes and spoke quietly.

— Contact Tammie Toler at ttoler@ptonline.net.