What happened at the foot of the driveway at 40 Independence Way that hot August night in 2006 took less than three minutes. The police later managed to time it precisely, using a surveillance camera that points directly at the street from a house a couple of doors to the north. The readout on the surveillance tape said that it was 23:06:11 when two cars whizzed by going south, toward the cul-de-sac at the end of the street. At 23:09:06, the first car passed back in front of the camera, going north. A minute later, a second car passed in the same direction. In the back seat of that second car—a black Mustang Cobra convertible—was a seventeen-year-old boy named Daniel Cicciaro, Jr., known to his friends as Dano. He was unconscious and bleeding profusely. He had been shot through the cheek. A .32-calibre bullet was lodged in his head.
Normally, at that time of night, not many cars are seen on Independence Way, a quiet street in a town called Miller Place. Just east of Port Jefferson, on the North Shore of Long Island, Miller Place is in the part of Suffolk County where the commuters have begun to thin out. To the east is a large swatch of the county that doesn’t seem strongly connected to the huge city in one direction or to the high-priced summer resorts and North Fork wineries in the other. The house at 40 Independence Way is part of a development, Talmadge Woods, that five or six years ago was a peach orchard; it’s now a collection of substantial two-story, four-bedroom houses that the developer started offering in 2003 for about half a million dollars each. The houses vary in design, but they all have an arched front door topped by the arched glass transom known in the trade as a Palladian window—a way to bring light into the double-height entry hall. When people are asked to describe the neighborhood, they tend to say “upper middle class.” The homeowner with the surveillance system is an orthodontist.
Miller Place could also be described as overwhelmingly white. According to a study released a few years ago, Long Island is the single most segregated suburban area in the United States. The residents of 40 Independence Way—John and Sonia White and their youngest son, Aaron—are African-American and so are their next-door neighbors, but the black population of Miller Place is less than one-half of one per cent. The Whites, who began married life in Brooklyn in the early seventies, had moved to Miller Place after ten years in North Babylon, which is forty minutes or so closer to the city. “You want to raise your family in a safe environment,” John White, a tall, very thin man in his early fifties, has said, explaining why he was willing to spend three hours a day in his car commuting. “The educational standards are higher. You want to live a comfortable life, which is the American dream.” One of the Whites’ sons is married, with children of his own, and a second is in college in the South. But Aaron was able to spend his senior year at Miller Place High School, which takes pride in such statistics as how many of its students are in Advanced Placement history courses. Aaron, an erect young man who is likely to say “sir” when addressing one of his elders, graduated in June of 2005. He was one of four black students in the class.
In an area where home maintenance is a priority, 40 Independence Way could hold its own. John White is a serious gardener—a nurturer of daylilies and clematis, a planter of peel-bark birch trees—and someone who had always been proud, maybe even touchy, about his property. People who have been neighbors of the Whites tend to use the word “meticulous” in describing John White; so do people who have worked with him. He has described himself as “a doer”—someone too restless to sit around reading a book or watching television. He says that he’s fished from Nova Scotia to the Bahamas. He’s done a lot of hunting—a pastime he was taught by his grandfather Napoleon White, whose family’s migration from Alabama apparently took place after a murderous attack by the Ku Klux Klan. At the Faith Baptist Church, in Coram, Long Island, John White sang in both the men’s choir and the mixed Celebration Choir. A couple of polished-wood tables in the Whites’ house were made by him. He’s a broadly accomplished man, and proud of it. His wife, who was born in Panama, works as a manager in a department store and has that Caribbean accent which, maybe because it’s close to the accent of West Indian nurses, conveys both competence and the firm intention to brook no nonsense. The Whites’ furniture tastes lean toward Stickley, Audi. Their sons dress in a style that’s preppy. Sitting in his well-appointed family room, John White could be taken for middle management.
But he doesn’t have the sort of education or occupation that would seem to go along with the house he lives in. After graduating from a technical program at Samuel Gompers High School, he worked as an electrician for seven or eight years and then, during a slow time for electricians, he began working in the paving industry. For the past twenty-five years, he has worked for an asphalt company in Queens, patching the potholes left by utility repair crews. He is often described as a foreman, which he once was, but he says that, partly because of an aversion to paperwork, he didn’t try to reclaim that job after it evaporated during a reduction in the workforce. (“I’m actually a laborer.”) On August 9, 2006, a Wednesday, he had, as usual, awakened at three-thirty in the morning for the drive to Queens, spent the day at work, and, after a stop to pick up some bargain peony plants, returned to what he calls his “dream house” or his “castle.” He retired early, so that he could do the same thing the next day. A couple of hours later, according to his testimony, he was awakened by Aaron, who, with a level of terror John White had never heard in his son’s voice, shouted, “Dad, these guys are coming here to kill me!” Instead, as it turned out, John White killed Daniel Cicciaro, Jr.
There had been a birthday party that evening for Craig Martin, Jr., a recent Miller Place High School graduate. Craig lives with his parents and his younger sister, Jennifer, in Sound Beach—a town just to the east that grew into a year-round neighborhood from what had begun as beach lots purchased in the twenties as part of a Daily Mirror circulation-promotion scheme. The party was mostly in the Martins’ back yard, where there was an aboveground pool, a lot of cold beer, and a succession of beer-pong games. This was not the A.P.-history crowd. Craig was connected to a number of the boys at the party through an interest in cars. Some of them were members of the Blackout car club, a loose organization of teen-agers who, in good weather, gather in the parking lot of the Stop & Shop mall in Miller Place on Thursday nights for an informal car show—displaying cars whose lights and windows are likely to have been tinted in pursuit of sleekness. Dano Cicciaro (pronounced Danno Cicero) was a regular at Stop & Shop, driving a white Mustang Mach 1 with two black stripes. Dano had grown up in Selden, a blue-collar town to the south, and finished at Newfield High School there after his family moved in his senior year to one of a half-dozen houses clustered around a cul-de-sac called Old Town Estates, in Port Jefferson Station.
His father, Daniel Cicciaro, Sr., runs an automobile-repair shop in Port Jeff Station called Dano’s Auto Clinic—a two-bay operation that also has some used cars parked in its lot, their prices marked on the windshields. Dano’s Auto Clinic is where Dano, Jr., spent a lot of his spare time. As a boy, he had the usual range of interests, his father has recalled, but “as he turned into a teen-ager it was all cars.” Even as a teen-ager, he ran a car-detailing business out of the shop, and he’d planned to keep that up when he started at Suffolk County Community College in the fall. Dano, Jr.,’s long-term plan was to take over Dano’s Auto Clinic someday and expand its services. “He did exactly as I did, in that he set goals for himself and conquered them, never sitting idle,” aNewsday reporter was told by Daniel Cicciaro, Sr., a father who’d felt the validation of having a son who was eager to follow his calling and work by his side.
Aaron White, who had finished his first year at Suffolk County Community College, was having dinner that evening in Port Jefferson with Michael Longo, his best friend from Miller Place High School. From having attended a few of the Stop & Shop gatherings, Aaron knew some of the car crowd, and, while phoning around for something to do, he learned about the birthday party at the Martins’. Craig greeted Aaron cheerfully enough, but a few minutes later Jennifer, who was then fifteen, told her brother that, because of a past incident, she felt frightened in Aaron’s presence. Dano Cicciaro was assigned to ask Aaron to leave. It isn’t clear why he was given that task. It couldn’t have been his size: Dano was five feet four and weighed a hundred and twenty-nine pounds. It certainly wasn’t his sobriety. Dano was drunk. When his blood-alcohol content was checked later at the hospital, it was almost twice the level required to prove intoxication. Still, Dano, who thought of himself as a protective older brother to Jennifer, handled the situation smoothly, saying to Aaron something like “It’s nothing personal, but you’ll have to leave.” Aaron later said that he was puzzled (“I never get kicked out of parties”), but he got into his car and drove back to Miller Place.
When Dano learned exactly why Jennifer felt uncomfortable around Aaron, she later testified, “he freaked out.” While in an Internet chat room with a couple of other boys, Jennifer told Dano, Aaron had posted a message saying that he wanted to rape her. Obtaining Aaron’s cell-phone number from Michael Longo, Dano touched off what became a series of heated calls involving several people at the party. Dano wanted to confront Aaron immediately. It didn’t matter that Aaron denied having posted the message. It didn’t matter that the posting had taken place nine months before and that Jennifer’s real older brother, Craig, had actually forgotten about it. In court many months later, Jennifer Martin was asked if she’d eventually learned that the offending message had not, in fact, been sent by Aaron—it had grown out of something said on a MySpace account set up in Aaron’s name as a prank—and she answered in the affirmative. That didn’t matter, either, because by then it was much too late. On the evening of August 9th, when Jennifer told Dano about the rape posting, there were other elements involved. A lot of beer had been consumed. It was late in the evening, a time when the teen-age penchant for melodrama tends to be in full flower. Dano was filled with what Paul Gianelli, one of John White’s defense attorneys, called “a warped sense of chivalry” and Dano’s godfather, Gregg Sarra, preferred to characterize as “valor, protecting a woman, honor.” For whatever reason, Dano Cicciaro and four of his friends were soon heading toward the Whites’ house in two beautifully painted and carefully polished cars that passed the orthodontist’s surveillance camera when its readout said 23:06:11.
What happened when they got there remains a matter of sharp dispute. There is no doubt that the boys were displaying no weapons when they got out of their cars, although one of them, Joseph Serrano, had brought along a baseball bat that remained in the back seat of the Mustang. There is no doubt that John White emerged from his garage carrying a pre-Second World War Beretta pistol that he kept there—part of an inheritance from his grandfather that had also included, White later said, “rifles and shotguns and a lot of advice.” Aaron was a few steps behind him, carrying a 20-gauge shotgun. There is no doubt that Dano “slapped” or “whacked” or “grabbed” the Beretta. There is no doubt that, before the shot was fired, there had been shouting and foul language from both sides. The tenor of the conversation, the defense team eventually maintained, could be surmised from the tape of a 911 line that the boys did not realize was open as they rushed their friend to a Port Jefferson hospital in the black Mustang Cobra. The 911 operator can be heard saying, “Sir . . . hello . . . hello . . . sir, pick up the phone.” The boys, their muffled voices almost hysterical, can be heard shouting directions to one another and giving assurances that Dano is still breathing. The operator keeps saying, “Hello . . . sir.” Then the voice of Joseph Serrano, sitting in the back seat with his bleeding friend and his baseball bat, comes through clearly: “Fucking niggers! Dano, I’ll get ’em for you, Dano.”
Back at 40 Independence Way, John White and his son were sitting in front of their house, hugging. Sonia White was screaming, “What happened? What happened?” In the trial testimony and police reports and newspaper accounts and grand-jury minutes dealing with what occurred in the meticulous front yard of 40 Independence Way after the cars had sped away, three statements attributed to John White stand out. One was in the testimony of Officer David Murray, the first Suffolk County policeman to reach the scene, who said that John White approached him with his arms extended, saying, “I did what I had to do. You might as well put the cuffs on me.” Another is what Officer Murray said he heard John White say to his son: “I told you those friends of yours would turn on you.” The third is what Sonia White testified that her husband said to her as he walked back into their castle: “We lost the house. We lost it all.”
A week after the death of Daniel Cicciaro, Jr., several hundred people turned out for his funeral, held at St. Sylvester’s Roman Catholic Church, in Medford, Long Island. The gathering was heavy with symbolism. Some of the younger mourners displayed “Dano Jr.” tattoos. Dano, Jr.,’s main car was there—the white Mustang that was familiar from Stop & Shop and had won Best Mach 1 Mustang in a competition at McCarville Ford. Gregg Sarra, a boyhood friend of Daniel Cicciaro, Sr., and a local-sports columnist for Newsday, gave the eulogy, praising his godson’s loyalty and his diligence and his gift for friendship. After the burial, some of Dano, Jr.,’s car-club friends revved their engines and chanted, “Dan-o, Dan-o, Dan-o.” As a tribute to his son, Daniel Cicciaro, Sr., attended the service in a Dano’s Auto Clinic tank top. The Stop & Shop car show that Thursday, according to a Newsday piece, turned into a sort of vigil for Dano, Jr., with Jennifer Martin helping to light a ring of candles—red and white candles, for the colors of Newfield High—around his Mustang and his first car, a Mercedes E55 AMG.
The sadness was accompanied by a good deal of anger. John White found that understandable. “I know how I would feel if someone hurt my kid,” he said in a Times interview some weeks later. “There wouldn’t be a rock left to crawl under.” Speaking to one reporter, Daniel Cicciaro, Sr., had referred to White as an “animal.” For a while after the shooting, Michael Longo—the friend who had accompanied Aaron White to the birthday party and had, as it turned out, telephoned to warn him that there were plans to jump him if he returned—slept with a baseball bat next to his bed. Sonia White later testified that after some particularly menacing instant messages (“i need ur adreass you dumb nigger”), to which Aaron replied in what sounded like a suburban teenager’s notion of gangster talk (“u da bitch tlaking big n bad like u gonna come down to my crib n do sumthin”), the Whites decided that he was no longer safe in the house, and they sent him to live outside the area.
The mourners who talked to reporters after the service rejected the notion, brought up by a lawyer for the White family shortly after the shooting, that Dano Cicciaro and his friends had used racial epithets during the argument in front of 40 Independence Way. Daniel Cicciaro, Sr.—a short man with a shaved head and a Fu Manchu mustache and an assertive manner and a lifelong involvement in martial arts—had called any connection of his son with racism “absurd.” But by the time a grand jury met, a month or so after the shooting, even the prosecutor, who would presumably need the boys as witnesses against John White, was saying that racial epithets had indeed been used. The district attorney said, though, that if John White had simply remained in his house and dialled 911, he wouldn’t be in any trouble and Daniel Cicciaro, Jr., would still be alive. The grand jury was asked to indict White for murder. Grand juries ordinarily go along with district attorneys, but this one didn’t. When the trial finally began, in Riverhead, fifteen months after the shooting, the charge was second-degree manslaughter.
The grand-jury decision may have reflected public opinion in Suffolk County, where there are strong feelings about a homeowner’s right to protect his property and his family. Suffolk County is a place where a good number of residents are active or retired law-enforcement officers, and where even a lot of residents who aren’t own guns—a place where it is not surprising to come across a plaque that bears the picture of a pistol and the phrase “We Don’t Dial 911.” James Chalifoux, the assistant district attorney who was assigned to try the case against John White, apparently had that in mind when, during jury selection, he asked jurors if they would be able to distinguish between what might be considered morally right—what could cause you to say, “I might have done the same thing”—and what was permissible under the law. He asked jurors if they could put aside sympathy when they were considering the case—meaning sympathy for John White. Judging by comments posted online in response to Newsday articles, public opinion seemed muddled by the conflict between two underpinnings of life in Suffolk County—a devotion to the sanctity of private property, particularly one’s home, and an assumption that the owner of the property is white.
Dano’s mother—Joanne Cicciaro, a primary-school E.S.L. teacher who had grown up in Suffolk County—said she was extremely disappointed that the grand jury had declined to indict John White for murder. Daniel Cicciaro, Sr., told a reporter, “Here this man points his gun at the boys and says, ‘I’m going to shoot.’ He says it three times. Then he shoots my son. To me, that’s intentional murder.” On the other hand, some of White’s strongest supporters—people like Lucius Ware, the president of the Eastern Long Island branch of the N.A.A.C.P., and Marie Michel, a black attorney who joined the defense team—believed that if a white homeowner in Miller Place had been confronted late at night by five hostile black teen-agers there would have been, in Marie Michel’s words, “no arrests, no indictment, and no trial.” The homeowner would have been judged to have had “a well-founded fear,” they thought, and if the justice system dealt with the incident in any way it would have been to charge the boys with something like breach of the peace or aggravated harassment (“What were they doing in that neighborhood at that time of night?”). For that matter, these supporters would argue, would Dano have “freaked out” if the male accused of wanting to rape Jenny Martin hadn’t been black? Wouldn’t teen-agers spoiling for a fight have dispersed if a white father walked out of the house, with or without a gun, and told them in no uncertain terms to go home? In other words, before a word of testimony had been heard, some people attending the trial of John White believed that in a just world he would have been on trial for murder instead of only manslaughter, and some believed that in a just world he wouldn’t have been on trial at all.
The Arthur M. Cromarty Court Complex is set apart from Riverhead, the seat of Suffolk County, on a campus that seems to be mostly parking lots—a judicial version of Long Island shopping malls. Those who were there to attend John White’s trial, which began just after Thanksgiving, seemed to be roughly separated by race, on opposite sides of the aisle that ran down the center of the courtroom’s spectator section. That may have been partly because the room was small and on many days the prosecution’s supporters, mostly Cicciaro relatives and young friends of Dano’s, nearly filled half of it. Dano, Jr.,’s parents did not sit next to each other—they had separated before their son’s death—but they came together as a family in hallway huddles of supporters and in speaking to the press. The people who stood out on their side of the courtroom were a couple of friends of Daniel Cicciaro, Sr., who also had shaved heads, but with modifications that included a scalp tattoo saying “Dano Jr.” Although they looked menacing, both of them could be described as designers: one is a detailer, specializing in the fancy painting of motorcycles; the other does graphic design, specializing in sports uniforms.
People on the Cicciaro side might have felt some menace emanating from the phalanx of black men, all of them in suits and ties and many of them offensive-tackle size, who escorted Aaron White (wearing a bulletproof vest) through the courthouse on the first day of his testimony and then took seats across the aisle, near some women from John White’s church choir. The escorts were from an organization called 100 Blacks in Law Enforcement Who Care. On that first day, their ranks were augmented by members of the Fruit of Islam, wearing their trademark bow ties, although the black leader called to mind by John White’s life would probably be Booker T. Washington rather than Louis Farrakhan. As it turned out, there was no overt hostility between those on either side of the courtroom aisle, and, at the end of testimony, the Cicciaros made it clear that they would accept any decision the jury brought in—none of which, Joanne Cicciaro pointed out, would bring their son back. Talking to a Newsday reporter after the trial about prejudice, Daniel Cicciaro, Sr., maintained that bias existed toward what some people called skinheads. “Don’t judge a book by its cover,” he said.
The four boys who accompanied Dano Cicciaro to Aaron White’s house that night are all car enthusiasts who now hold jobs that echo their high-school hobby. Alex Delgado does maintenance on race cars. Joseph Serrano is a motorcycle mechanic. Tom Maloney, who drove the Mustang Cobra, sells Volkswagens. Anthony Simeone works for his father’s auto-salvage business. Among those who testified that they’d tried to prevent Dano from going to the Whites’ house were Alex Delgado, who drove him there, and Joseph Serrano, who brought along a baseball bat. (“He’s stubborn,” Anthony Simeone had explained to the grand jury. “When he wants to do something, he wants to do it.”) Although there had been testimony that Dano Cicciaro used the word “nigger” once or twice in the cell-phone exchange with Aaron White, his friends denied using racial slurs at 40 Independence Way. (With the jury out of the courtroom, Paul Gianelli brought up an incident that had been investigated by the police but not included in the notes and reports that they are required to turn over to the defense: according to two or three witnesses, Daniel Cicciaro had gone to Sayville Ford with a complaint a few weeks before he was shot and, when approached by a black salesman, had said, “I don’t talk to niggers.” The judge wouldn’t admit that into evidence, but the headline of the next day’s Newsday story was “ATTORNEY: COPS HID MILLER PLACE VICTIM’S RACISM.”) The friends who’d gone with Dano, Jr., to the Whites’ house that night testified that after John White’s gun was slapped away, he raised it again and shot Dano in the face. As they described how Dano Cicciaro fell and how he’d been lifted from the street by Tom Maloney and rushed to the hospital, there were occasional sobs from both Joanne and Daniel Cicciaro.
Dano’s friends had said that both of their cars were in the street facing north, but the Whites testified that one was in their driveway, with the lights shining up into the house—a contention that the defense bolstered by analyzing the headlight reflections on the orthodontist’s mailbox in the surveillance tape. The boys testified that they’d never set foot on the Whites’ property—that contention was bolstered by pictures showing Dano’s blood and his cell phone in the street rather than in the driveway—but the Whites claimed that the boys had been advancing toward the house. “They came to my home as if they owned it,” Sonia White said on the stand. “What gall!”
John White testified that, believing the young men had come to harm his family, he backed them off his property with Napoleon White’s old pistol. In the frenzy that followed his abrupt awakening, he said, he had yelled, “Call the cops!” to his wife as he raced into the garage, but she hadn’t heard him. He described Dano Cicciaro and his friends as a lynch mob shouting, among other things, “We could take that skinny nigger motherfucker.” Recalling that evening, White said, “In my family history, that’s how the Klan comes. They pull up to your house, blind you with their lights, burn your house down. That’s how they come.” In White’s telling, the confrontation had seemed over and he was turning to go back into the house when Dano Cicciaro grabbed the gun, causing it to fire. “I didn’t mean to shoot this young man,” John White said. “This young man was another child of God.” This time, it was John White who broke down, and the court had to take a recess. One of the jurors was also wiping away tears.
To convict someone of second-degree manslaughter in the state of New York, the prosecution has to prove that he recklessly caused the death of the victim—“recklessly” being defined as creating a risk so substantial that disregarding it constitutes “a gross deviation from the standard of conduct that a reasonable person would observe”—and that he had no justification. In its decision in the case of Bernard Goetz, the white man who in 1984 shot four young black men who had approached him on the subway demanding money, the New York Court of Appeals, the highest court in the state, ruled that justification could have a subjective as well as an objective component—fears raised by the defendant’s past experiences, for instance. By bringing up the history that White’s family had with the Klan, the defense team raised a subjective component of justification, along with the objective component of home protection. “We are all products of our past,” Paul Gianelli said of his client during one of the breaks in the trial. “He brought to that particular evening who he is.” The defense was making a case for, among other things, the power of race memory.
The racial divide is obviously less overt in John White’s Long Island than it was in Napoleon White’s Alabama. Tom Maloney, who’d also graduated from Miller Place High School, had apparently thought of Aaron White as a friend. Alex Delgado, who drove Dano Cicciaro to Aaron’s house on August 9th, had been there before as a guest. In John White’s testimony, Delgado was described as Hispanic. Joanne Cicciaro, who by name and appearance and accent might be assumed to have come from one of the many Italian-American families that moved to Suffolk County in recent decades from the boroughs, is actually Puerto Rican—a fact brought up to reporters by the Cicciaros in countering any implications of racism in Dano’s upbringing. (“Our family is multicultural.”) Even without those complications, the case for race memory would be harder to make to white people than to black people. White people are likely to say that times have changed: these days, after all, a real-estate agent who tried to steer John White away from buying a house in an overwhelmingly white Long Island neighborhood would be risking her license.
If times have changed, black people might ask in response, how come Long Island is still so segregated? In his summation, the prosecutor asked a series of questions as a way to illustrate how White’s behavior had deviated from the behavior of a reasonable person. Two of the huge black men who had been part of Aaron White’s escort were sitting in the courtroom at the time, and when the D.A. asked whether a reasonable person would really be guided partly by the memory of a Ku Klux Klan attack that happened years before he was born, they both began to nod their heads.
In that closing statement, James Chalifoux said that it wasn’t until the trial began that John White started talking about a lynch mob. (It’s true that in a newspaper interview in September of 2006 White seemed to downplay race, but it’s also true that in his grand-jury testimony, less than a month after the shooting, he spoke about a “lynch mob.”) Race, Chalifoux said, was being used to distract the jurors from the simple fact that by walking down the driveway with a loaded pistol John White, a man intimately familiar with firearms, had engaged in conduct that had recklessly caused the death of Dano Cicciaro. Matching up testimony with cell-phone logs, Chalifoux argued that the Whites had more time before the arrival of the cars than their story of a panicky few minutes implied. Chalifoux acknowledged that Dano and his friends were wrong to go to the Whites’ that night, that Dano was wrong to use a racial epithet when he phoned Aaron White, and that John White had found himself “in a very bad situation that night and a situation that was not his fault.” But how White responded to that situation, Chalifoux said, was his fault.
Chalifoux’s summation followed that of Frederick K. Brewington, a black attorney, active in black causes on Long Island, who was Paul Gianelli’s co-counsel. “Race has so much to do with this case, ladies and gentlemen, that it’s painful,” Brewington told the jury: Dano Cicciaro and his friends thought they had a right to go to John White’s house and “terrorize his family with impunity and arrogance” because of “the false racial privilege they felt empowered by.” In Brewington’s argument, John White thought, “ ‘Once they see I have a gun they’ll back off’ . . . but they did not take ‘the skinny old nigger’ seriously.” While Chalifoux presented Joseph Serrano’s slur on the 911 tape as, however deplorable, an indication that the argument at the foot of the driveway didn’t include the barrage of insults that the Whites had testified to—if it had, he said, “you would have heard racial epithet after racial epithet after racial epithet”—Brewington saw it as a mirror of the boys’ true feelings. “What we do under cover of darkness sometimes comes to light,” he said.
Shortly after the beginning of deliberations, ten jurors, including the sole African-American, were prepared to convict John White of having recklessly caused Dano Cicciaro’s death. Two jurors resisted that verdict for four days. Then they capitulated. They later told reporters that they felt bullied and pressured by jurors who were impatient to be liberated as Christmas approached. In a courtroom crowded with court officers, the jury reported that it had found John White guilty of manslaughter and a weapons charge. The Cicciaros and their supporters were ecstatic. Dano’s parents seemed to take John White’s conviction principally as proof that the accusations of racism against their son had been shown to be false. “My son is finally vindicated,” a tearful Joanne Cicciaro said, outside the courtroom. Daniel Cicciaro, Sr., said, “Maybe now they’ll stop slinging my son’s name and accusing him of all this racism.” Outside the courthouse, friends of Dano, Jr., honked their horns and revved their engines and chanted, “Dan-o, Dan-o, Dan-o.” The next day, Sunday, the celebration continued with a sort of open house at Dano’s Auto Clinic, which bore a sign saying “Thank You Jurors. Thank God. Dano Jr. Rest in Peace.” In Miller Place, John White briefly spoke to the reporters who were waiting in front of his house. “I’m not inhuman,” he said. “I have very deep feelings for this young man.” But before that he went to the Faith Baptist Church, in Coram, and sang in the choir.
John White is a hero,” Frederick Brewington said two weeks later, addressing a crowd of several hundred people, almost all of them black, who had gathered on a cold Saturday afternoon in front of the criminal-court building in Riverhead. He repeated, “John White is a hero.” The guilty verdict had made White the sort of hero all too familiar in the race memory of African-Americans—someone held up as an example of the unjustly treated black man. On the podium were black officeholders, speakers from the spectrum of black organizations on Long Island, and two people who had come from Manhattan—Kevin Muhammad, of Muhammad Mosque No. 7, and Al Sharpton. A lot of N.A.A.C.P. people were in the audience, and so were a lot of people from Faith Baptist Church. Various speakers demanded a retrial, or called for the resignation of the district attorney, or pointed out the difference in how white homeowners in similar situations have been treated, or called for the young white men involved to be indicted. (“We will raise this to a level of national attention until these young men are brought to justice,” Sharpton said.) There were chants like “No Justice—No Peace” and, loudest of all, “Free John White.”
That chant was not meant literally. For the time being, John White is free—he addressed the rally briefly, mainly to thank his supporters—and his attorneys hope that, while an appeal is pending, he will be allowed to remain free after his sentencing, scheduled for March 19th. (“I think he should get as much time as possible,” a Post reporter was told by Jennifer Martin, whose response to Aaron White’s arrival at her house set the events of August 9th in motion. “I really do.”) Until the sentencing, White is back to rising at three-thirty every morning to go into the city and patch utility holes. Everything he was quoted as saying in the aftermath of the shooting that night turned out to be true. The fatalism reflected in his statement to Officer Murray as he held out his hands to be cuffed was well founded. Aaron White accepted the fact that those friends of his had indeed turned on him. In his testimony, he said, “They have no respect for me or my family or my mother or my father. . . . They have no respect for life whatsoever. They’re scum.” And, of course, John White had understood the situation well when he told his wife that they had lost their dream house—a comment that, as it turned out, particularly incensed Joanne Cicciaro. (His sorrow, she said to reporters after testimony had ended, “was all for themselves—sorrow about losing their house, about their life changing. He never said, ‘Oh, my God! What did I do to that boy? Oh, my God. This kid is bleeding on the driveway. What did I do to him?’ He had no sympathy, no sorrow for shooting a child.”) Even before the trial, 40 Independence Way was listed with a real-estate broker. Its description began, “Stately 2 year young post-modern colonial in prestigious neighborhood.”
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