Published: September 11, 2006 11:38 pm            

Psychologist: Defendant could form intent to kill

HOLLIDAYSBURG — The actions of a Cambria County man leading to a triple homicide showed he had plenty of time and the mental ability to form his intention to kill, a psychologist testified Monday.

“He had to move through time and space to the car, remove the gun under the seat, return to the front of the club, take aim and fire,” said Gerald Cook, a forensic and clinical psychologist testifying for the prosecution. “The elements are consistent with having the capacity to form specific intent to kill.”

Miguel Padilla, 26, of Gallitzin, has admitted to the Cumberland County jury through his attorney, Donald Speice, that he shot a handgun eight times into three men outside the United Veterans Club in Altoona on Aug. 28, 2005. Club owner Alfred Mignogna, bouncer Fred Rickabaugh and patron Stephen Heiss, all of Altoona, died.

The prosecution’s ability to convince the jury that Padilla had the mental ability to form the intent to kill could mean the difference between first- and third-degree murder convictions – and between a death sentence or life in prison.

The defense has claimed that alcohol and drug abuse marred Padilla’s thinking ability, as did the then-recent death of a friend and the fact that in the month prior to the shootings he neglected to take two drugs prescribed for panic attacks.

Padilla was portrayed by mental-health experts Monday as an angry man with a great deal of charm who is compulsive and needs to prove his masculinity.

“He’s charming, angry and bad-tempered at the same time,” said Dr. Stephen A. Ragusea, founder of the Meadows Clinic in State College, who testified for the defense.

Ragusea said the fact that Padilla had not taken two antidepressants for a month and the suicide of a friend a week earlier played little role in his actions.

Ragusea also said that Padilla’s lack of memory about the shootings is common for someone who has killed and cannot deal with the trauma of the act.

Five witnesses, including Padilla’s friend Marcellino Flores of Gallitzin, said they knew he used illegal drugs, including cocaine and crystal meth, and drank excessively. Yet none could testify that he had taken drugs or drank heavily in the days leading up to the murders.

Padilla’s brother, Oscar, testified Miguel visited his house the day of the shootings and borrowed a movie.

He learned of the shootings the next day from Miguel’s friend. “He said, ‘Our brother man is crazy. He just started shooting,’ ” Oscar Padilla said.

        

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