Family members remembered the victim, Brian Schiavetti, as a loyal, joyful and loving man with a "contagious" smile
NEWARK -- As Anthony Schiavetti noted on Monday in a Newark courtroom, there will be an "empty chair" when his family gathers to celebrate this holiday season.
That chair belonged to his younger brother, Brian Schiavetti, who was gunned down during a robbery in a Montclair apartment building more than three years ago.
"Brian was special. Anyone who ever knew him could see that," Anthony Schiavetti said. "His smile was contagious and he was the most joyful, kind and genuine person I ever knew."
Before his killer was sentenced on Monday to 50 years in state prison, Brian Schiavetti's brother and mother remembered him as a loyal and loving man who enjoyed helping others and brought immense joy to his family.
Diane Schiavetti recalled how her 21-year-old son was found dead with a chain resting in his hand, including a cross and a medallion she had given him. Brian Schiavetti "fought to his death to keep them from being stolen," she said.
A picture taken at the crime scene of Schiavetti clutching that chain signifies "his deep religious beliefs and love of God and that surely he is in heaven now as a result," she said.
"There's nothing more painful than a mother losing her child, especially to murder," said Diane Schiavetti, who lived with her son.
"My home is so empty without his lively presence. It's lonely," she added. "My heart aches every day and the void of his absence can never be filled."
The man who killed Brian Schiavetti - Ernest Williams Jr., 24, of Montclair - received the 50-year prison sentence after having been convicted by a jury on Nov. 2 of felony murder, aggravated manslaughter, robbery and related offenses in the July 22, 2012 killing.
Williams was found guilty of robbing and fatally shooting Schiavetti in the hallway of a Montclair apartment building after Schiavetti and his friend traveled to the township from their hometown of Ridgefield, Conn. to purchase oxycodone pills from Williams.
Before he was sentenced on Monday, Williams said he was "sorry" to the Schiavetti family.
"If I could go back in time, I'd change it," Williams said. "Hopefully, y'all forgive me one day."
Williams must serve about 42 years and six months before becoming eligible for parole. He will receive credit for more than three years of time served.
During Monday's hearing, Williams's attorney, Sterling Kinsale, requested a sentence of 30 years in state prison, which is the minimum amount required for a felony murder conviction.
Among other issues, Kinsale pointed to Williams's youth and the fact that the case represents his first conviction for an indictable offense. A 30-year prison sentence "takes away all the productive years of Mr. Williams's life," Kinsale said.
But Essex County Assistant Prosecutor Naazneen Khan, who tried the case, called for a 75-year prison sentence. Khan argued that, in addition to killing Schiavetti, Williams has brought fear to the residents of the Montclair building where the shooting occurred.
"They will never again feel safe in their homes," Khan said. "This defendant victimized that entire neighborhood that day."
In handing down the 50-year prison term, Superior Court Judge Carolyn Wright noted, among other factors, Williams's criminal record and the risk of him committing another offense.
While he has no prior felony convictions as an adult, Williams has had five arrests as a juvenile, 14 arrests as an adult and he was found guilty of disorderly persons offenses in municipal court on six occasions, according to Wright.
The judge said Schiavetti and his friend were "wrong to succumb to experimental and recreational drug use."
But Wright said Williams "took full advantage of those weaknesses and exploited them" in order to lure them to Montclair and then convince Schiavetti to go inside the building, where he robbed Schiavetti of at least $400 and shot him twice, including a fatal wound to the back of the head.
The judge noted how Williams calmly left the area, placed the loaded handgun in a garbage can and ultimately went to a party before later turning himself into authorities.
"These were the actions of a young man who was concerned only for himself, acting out of greed without concern for his family or his community," Wright said.
On the day of the incident, Schiavetti was introduced to Williams through Williams's co-defendant, James Pitts, who is the son of Essex County Undersheriff James Pitts. Pitts pleaded guilty last year to a drug charge and was expected to be sentenced to 364 days in jail.
Pitts met Schiavetti as a fellow student at Villanova University in Pennsylvania, and Pitts and Williams were neighbors in Montclair, authorities said.
After Schiavetti and his friend, Connor Gore, made the roughly 90-minute trip from Ridgefield, Conn., Williams escorted Schiavetti into the building at 25 Williams Street, where Williams claimed the pills were located. Gore, who was waiting in the car, drove off after hearing the gun shots.
At the trial, Williams asserted he acted in self-defense, claiming Schiavetti produced the handgun and that Schiavetti was killed when the two men wrestled over the weapon and the gun went off.
During the sentencing hearing, Kinsale reiterated that argument and said Williams acted under strong provocation.
But Wright said jurors rejected Williams's self-defense claims, and that she agreed with their findings. The judge said it is "absolutely clear" that there is no basis to conclude "Mr. Williams acted under any provocation brought by Mr. Schiavetti."
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.