Varying charges possible in drummer's death

Jim Unfonak (Facebook photo)

As police investigators and prosecutors pore over evidence in the death of bang n jane drummer Jim Unfonak, they not only have to decide who or what may have caused the popular musician's death but also what is the appropriate charge to file considering the circumstances of the incident, said a Durham, N.H., defense lawyer on Monday.

Stu Dedopoulos, a longtime and respected Seacoast defense attorney, said some charges in the case are probably likely, but police have to try to understand the mental state of Unfonak's attacker - and as close as they can - any and all events that occurred leading to the 42-year-old Rochester man's death.

Rochester Police first responded to Gary's Sports Bar on Milton Road at 1:33 a.m. on Jan. 31 for a report of a man assaulted who needed medical attention.

According to sources close to the incident, Unfonak, whose band wasn't playing, had gotten into an altercation with an individual at Gary's Sports Bar on Milton Road earlier in the evening. The individual and his friends left after being escorted out by bouncers, but at least one from the group and perhaps more, waited outside for Unfonak, then jumped him as he left the bar and went to get in his car.

Rochester Police have indicated there are some dozen witnesses to the incident and they have interviewed all of them, and in at least some cases, conducted second interviews.

They have also noted they know who the individual is who was involved in the altercation.

The most serious charge that might be leveled would likely be second-degree murder, which is when an individual assaults someone recklessly causing their death while manifesting an extreme indifference to the value of human life, Dedopoulos noted.

The "extreme indifference to human life" factor is key, Dedopoulos added, because if it is not present, lesser charges of manslaughter or negligent homicide might be seen as more appropriate.

In a manslaughter charge, the person is seen as having "recklessly" caused an individual's death.

In negligent homicide, the lesser of the three crimes, the person is seen as "negligently" causing someone's death.

The difference between "negligent" and "recklessly" can best be explained this way, Dedopoulos said:

"If I push you a little, on purpose, and you fall down and die, that's negligent," he said. "In the same scenario if I'm swinging a stick and it hits you and you die, that's grossly negligent, or reckless."

Dedopoulos stressed he was speaking hypothetically and referring to state homicide statutes and not specifically about the Unfonak case.

Prison sentences for the three charges range from life to not more than 30 years to up to seven years, respectively.

Of course if police were to find Unfonak's attacker acted in self-defense, it's possible no charges would be filed.

Meanwhile, Rochester Police have said they hope to have more information to release to the public about the case by the end of this week or early next week.