Defence lawyer cries, pleads with jury to convict client of manslaughter, not murder

Warning: This article may be disturbing and triggering to readers.

A Barrie jury will soon decide the fate of Gabriel DiCecco, who is on trial accused of murder in the Jan. 2024 killing of his best friend near Alliston.

During an impassioned speech to the jury, defence lawyer Sam Goldstein broke down crying on at least two occasions as he pleaded with the jury to find his DiCecco, guilty of manslaughter and not first or second-degree murder in the killing of 24-year-old William Schernhammer.

Goldstein admitted to the court, while his client may be odd, awkward, and unsophisticated he did not plan to kill Schernhammer on the night of January 12, 2024. Goldstein called the killing a “chaotic, emotional, unplanned attack,” that happened when DiCecco testified Schernhammer tried to force himself on him sexually while they sat alone in the car south of Alliston. The defence implored the jury to acquit DiCecco of murder on the grounds of provocation.

The Crown argued DiCecco murdered Schernhammer when he fired four shots at him at close range with a shot gun he had in his car that night. The defence claimed DiCecco planned to sell the gun but brought it with him to a drug house in Barrie when Schernhammer asked him for a ride to pick up cocaine earlier that night.

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The jury has heard over the course of the three-week trial, before Justice Vanessa Christie, that DiCecco initially denied he knew anything about Schernhammer’s disappearance. DiCecco later told investigators a stranger in a mask emerged from a field and inexplicably shot Schernhammer, and in a panic DiCecco dumped his friend’s body on the side of the road. Police and family members had been searching for Schernhammer for nine days. He told loved ones he was heading out to buy cigarettes with DiCecco and never returned. Surveillance cameras captured some of the final moments of Schernhammer’s life as he visited several stores, including to buy cigarettes in Alliston.

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The Crown argued DiCecco planned to murder Schernhammer, who had often teased DiCecco about his sexuality. DiCecco claimed Schernhammer had sexually assaulted him in 2016. Those allegations were unfounded and police did not investigate further. DiCecco said he became upset police did not believe his story.

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DiCecco has been in custody since his arrest. He testified in his defence earlier this week and explained to the jury what he remembered from the night he shot Schernhammer.

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Goldstein told the court his client was not a good communicator and dropped out of high school in the tenth grade. He struggled to find a place in the world, while working odd jobs and living at home with his mother. He said DiCecco smoked weed and played video games, often with Schernhammer, his best friend for more than 10 years.

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Goldstein said DiCecco’s version of events should be believed, arguing he killed his friend in a moment of “chaos, fear and panic.”

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“I have faith in you,” said Goldstein. “Gabriel has faith in you too. Find Gabriel guilty of manslaughter.”

Justice Christie is scheduled to continue delivering her final instructions to the jury Friday.