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Thomas Fabbricatore, 65, “purposely caused the death or serious bodily injury resulting in the death of Elizabeth Fabbricatore” last Nov. 12, the indictment returned in Hackensack says.
She died six days later.
Fabbricatore was also charged with two counts of weapons possession — the cane, which the grand jury said he “used unlawfully against another” under “circumstances not manifestly appropriate for lawful use.”
The indictment also accuses him of lying to police.
Judges in Hackensack have steadfastly refused to lower Fabbricatore’s $2 million bail.
He “was at the scene of the crime and was basically caught red-handed,” Superior Court Judge Liliana DeAvila-Silebi said in February. “There is a very strong likelihood of conviction.”
Defense attorney Frank Lucianna called the figure unreasonable.
“It will take all of the spirit out of my client and make him unable to participate in his defense,” he said during a bail hearing.
His client contends that his wife fell and hit her head as they were pushing one another during an argument, Lucianna said.
“The outside possible conviction is manslaughter,” which make Fabrricatore’s bail excessive under state Administrative Office of the Courts guidelines, he said.
Assistant Bergen County Prosecutor Danielle Grootenboer disagreed, and said the bail fits for several reasons.
For one, she said, Fabbricatore “habitually stalked his wife” and was reported seen in March 2013 “dragging her across the yard by the hair.”
He also beat her several times and threatened to kill not only her but her mother and goddaughter if she told anyone, Grootenboer said.
She called Fabbricatore a flight risk.
DeAvila-Silebi agreed.
Besides being a heroin addict, Fabbricatore has no record of employment, has a history of domestic violence and cannot use his and his dead wife’s home for collateral.
He’s “unlikely to abide by any of the rules of bail,” the judge said.
Hackensack police said they went to the Fabbricatore residence on an anonymous “welfare check” and found 58-year-old Elizabeth Fabbricatore unconscious and bleeding from a head wound.
Elizabeth Fabbricatore, who worked for North Jersey Media Group (which publishes the Bergen Record), later underwent surgery at Hackensack University Medical Center before dying days later.
Fabbricatore was initially charged with aggravated assault and ordered held on the $2 million bail. The charges were upgraded to murder after his wife died.
STORY / PHOTO: Mary K. Miraglia, CLIFFVIEW PILOT Courthouse Reporter
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