Accused drug deal killer claims victim had gun, died during struggle

Ernest Williams Jr., 24, of Montclair, claims Brian Schiavetti produced the handgun and was fatally shot as the two men wrestled over the weapon

NEWARK -- In the hallway of a Montclair apartment building in July 2012, Ernest Williams Jr. said he retrieved oxycodone pills from inside a sneaker and returned to the stairwell to sell the drugs to Brian Schiavetti.

But according to Williams, Schiavetti then produced a handgun. As the two men wrestled with both of their hands on the weapon, the gun went off and Schiavetti was killed, Williams said.

"I feared for my life," Williams said.

Williams, 24, of Montclair, offered that testimony on Thursday at his trial on murder, robbery and related charges in connection with the July 22, 2012 fatal shooting. Prosecutors have alleged Williams brandished the weapon that day, robbed the 21-year-old Schiavetti and shot him twice.

Answering questions from his attorney, Sterling Kinsale, Williams maintained he did not rob Schiavetti or intend to kill him. After the incident, Williams said he threw away the gun, along with a bloody T-shirt, because the weapon had his fingerprints.

"I was scared," said Williams, who ultimately surrendered to police. "I didn't want to go to jail for this."

But on cross-examination, Essex County Assistant Prosecutor Naazneen Khan challenged Williams' claim that his and Schiavetti's hands were both on the gun in light of how Schiavetti was shot in the back of the head.

Khan also confronted Williams about claims he made in a statement to police soon after the incident, including that Williams said he was worried about Schiavetti going to the police.

"And so you shot Brian, right?" Khan asked Williams.

"I didn't shoot Brian," Williams replied.

Williams and Schiavetti, who had never met beforehand, were initially put in touch that day through Williams's co-defendant, James Pitts. Pitts, who is the son of Essex County Undersheriff James Pitts, pleaded guilty last year to a drug charge and is expected to be sentenced to 364 days in jail.

Pitts and Williams were neighbors in Montclair, and Pitts met Schiavetti as a fellow student at Villanova University in Pennsylvania, Khan said. After Williams contacted Pitts about selling the drugs, Pitts connected him to Schiavetti, Khan said.

At the time, Schiavetti was hanging out with Connor Gore and three other friends in his hometown of Ridgefield, Conn., according to Gore's testimony. Schiavetti and his friends then pooled together $900, and he and Gore made the roughly 90-minute ride to Montclair to meet Williams, Gore said.

After Gore and Schiavetti met Williams on the street, Williams got in the back seat of Gore's vehicle and directed them to the building at 25 Williams Street, Gore said. Williams ultimately led Schiavetti into the building, where he claimed the pills were located, Gore said.

Essex County Assistant Prosecutor Naazneen Khan questions defendant Ernest Williams Jr., 24, of Montclair during his murder trial. Williams is accused of fatally shooting 21-year-old Brian Schiavetti on July 22, 2012 during a robbery in Montclair. The trial is being heard before Essex County Superior Court Judge Carolyn Wright in the Essex County Courthouse in Newark. Thursday, October, 22, 2015 (Patti Sapone | NJ Advance Media for NJ.com) Patti Sapone | NJ Advance Media for NJ.com 

During Williams' testimony, Khan noted how Williams chose to conduct the drug transaction inside the building, rather than at various nearby public places, such as a strip mall parking lot or a park.

Williams indicated he selected the building because it was quiet and familiar to him and since the front door is always open. Williams said he was "making the deal on my terms."

Khan argued Williams possessed the handgun that day and did not have any drugs, but Williams said the gun belonged to Schiavetti and claimed he later sold the pills.

Khan also highlighted how Williams's testimony was inconsistent with his statement to the police. For example, Khan said Williams told police that Schiavetti said he didn't feel safe going inside the building, but Williams testified that wasn't true.

In regard to that claim and other parts of his statement, Williams claimed he lied to the police, because the officers were pressuring him.

But Khan asked Williams whether ""Brian told you in the car that he didn't want to go inside 25 Williams Street."

"No, he didn't," Williams said.

Khan continued, "And Brian told you in the car that he was afraid you were going to rob him, right?"

"No, he didn't," Williams said.

Williams also claimed he was being pressured by police when he told the officers that Schiavetti was shot in the back of the head when he was on the ground on the first floor. Williams testified that shot occurred while the two men were struggling over the weapon in the stairwell.

"And how does that happen?" Khan asked Williams.

"I don't know," Williams replied, adding that he and Schiavetti were "wrestling over the gun."

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.