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Carpio denied bail

Murder suspect will remain jailed after detective recalls frantic efforts to help fellow Providence officer

05:25 PM EDT on Thursday, September 15, 2005

By JACK PERRY
projo.com staff writer

PROVIDENCE -- The suspect in the fatal shooting of a city detective at police headquarters was denied bail today after intense testimony from an officer who described his own frantic, but futile, efforts to help the victim.

Superior Court Judge William A. Dimitri Jr. rejected the bid by Esteban Carpio, 27, of Providence, to be released from the Adult Correctional Institutions in Cranston, where he has been held in the wake of the murder of Det. Sgt. James L. Allen five months ago.

The motion followed a total of about 3 1/2 hours of testimony, much of it from Det. Timothy McGann, who recalled the events of the night of April 17 at the city's public safety complex.

Carpio, who has appeared by videoconference from prison in previous court procedures due to concerns over his behavior, was also in the courtroom today, hands shackled at his waist and surrounded by law-enforcement officers. Unlike early appearances, he wore no facial covering, except for his own beard and long sideburns.

Under questioning by Assistant Attorney General Paul F. Daly Jr., McGann described trying to get into the third-floor interview room where Allen was questioning Carpio about the stabbing of an elderly woman a few hours earlier.

He had left the room himself shortly before to get Carpio a drink of water from a nearby kitchen, at Carpio's request. McGann said he'd made at least two previous trips to get water for Carpio in an effort to make him feel comfortable before Allen began the formal interview.

In the kitchen, McGann heard the sounds of a struggle from the conference room and rushed to its door, he said. He was surprised to find that he couldn't turn the handle and that the door was locked. He said the door was typically left open and that he didn't even realize that it could be locked.

McGann said he then heard Allen screaming for help: " 'Timmy, help, he's going to kill me.' "

He said he swung his shoulder into the door, but it wouldn't move. McGann then tried kicking it in.

"As I was doing this, I heard a gunshot. I began yelling for Jimmy -'Jimmy, Jimmy' - there was silence."

Others started arriving at the scene, he said. " Everyone was yelling for Jimmy, but there was no answer."

At that point, McGann said he drew his gun, expecting someone to come out of room. But no one did.

Fellow officers then broke open the door with a ramming tool. They went into the room. Allen was on the floor.

"I looked at him quickly. He was gray. I'm not a medical expert but he didn't look good," McGann said.

Carpio was not in the room, but the door was open to an adjacent office.

When officers went it in there, they saw that the window had been shot out.

McGann testified there was lots of confusion. People did not know if Carpio was still in building. But he figured that he had gone out of the window, and tried to tell others that.

Police officers frantically checked other rooms for the suspect.

A little later they found Allen's gun outside, on the ground below the window.

Carpio was arrested soon after on a nearly downtown street, and McGann said he went to the scene to identify him.

After a late-morning break, defense lawyer Robert Sheketoff questioned McGann about police records of the incident, asking whether Allen's interview with Carpio had been taped -- it was not -- what the system was used to log detectives who came and went and who had written the police report of the incident.

He also asked whether McGann smelled alcohol or marijuana on Carpio; the detective said he did not.

After Sheketoff finished his cross-examination, Michael Palumbo, a correctional officer from the ACI, testified that on August 2 he had overhead a conversation there in which Carpio apparently implicated himself in the shooting.

Carpio was confined to a cell for prisoners with psychiatric problems and was talking to a prisoner in a nearby cell According to Palumbo, Carpio asked the other inmate, "Do you know who I am? Have you seen the news?"

"He said he was the guy who killed the cop," Palumbo said.

Palumbo said Carpio told the other inmate about stabbing the "old lady," then going home, falling asleep and waking up to find his girlfriend talking to the police.

The conversation then jumped to Carpio's being interviewed at the police station. Carpio said Allen "bugged out" when Carpio got out of his chair to throw away a cup of water. Carpio said, "I grabbed his gun and blazed him," according to Palumbo.

Carpio said he then "blew out the window" and ran to the right, although a friend had told him to run left if trying to escape the police.

The hearing ended around 3:30 p.m., after a total of about 3 1/2 hours of testimony, with Dimitri agreeing with the prosecution's contention that Carpio represented a flight risk and a danger to the community and that bail should be denied.

Also in the courtroom today were Allen's wife, Marguerite Allen, and Carpio's girlfriend and his mother.

At one point in the testimony this morning, Allen's wife looked down and away. A female officer seated next to her put her arm around her shoulders.

Carpio is charged with murder and discharging a firearm while committing a crime of violene, death resulting, for Allen's slaying.

He is also charged with assaulting three corrections officers, and assault with a dangerous weapon, serious bodily injury resulting, and assault on a person over the age of 60 in the stabbing of an elderly woman.

Carpio last month was found competent to stand trial, meaning he is able to understand the character and consequences of the proceedings against him, and can properly assist in his own defense.

The competency finding does not preclude a possible insanity defense. Carpio's family has said that they had tried to get him medical help before April 17 because he told them he was hearing voices and seeing visions.

The attorney general's office is seeking a sentence of life imprisonment without parole if Carpio is convicted -- the strongest sentence possible in the state.

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