A Michigan husband was sentenced for the fatal shooting of his wife, who died during a shootout at the home of her lover, where the husband had gone to tell him to stop contacting his wife.
Matthew Louis Mollicone, 48, learned his fate on Wednesday in the death of his wife, Kimberly Ann Mollicone, 49. He will serve 86 months to 15 years for voluntary manslaughter, 12 to 40 years for assault with intent to murder and two years to run consecutively for three counts of felony firearm, prosecutors announced in a news release. Mollicone was found guilty in May.
“The court’s decision to impose a lighter sentence than we requested does not diminish the severity of the crime committed. We believe the evidence presented warranted a harsher penalty to reflect the gravity of taking a human life. Nonetheless, we respect the court’s discretion and remain committed to seeking justice for the victim and their family,” said Macomb County Prosecutor Peter J. Lucido in the news release.
As Law&Crime reported, the killing happened on July 12, 2022, when Matthew Mollicone and his wife drove to the home of Daniele Giannone at about 9:30 p.m.
When the couple arrived at the home in the 62000 block of North Avenue in Ray Township, about 45 miles north of Detroit, Giannone was outside cooking on his barbecue. An argument quickly escalated into a gunfight. Both men fired handguns at each other. Giannone was hit in the leg. He retreated into his home and retrieved a second weapon.
As Matthew Morricone and his wife retreated to their vehicle and began to back out of the driveway, more gunfire was exchanged between the two men, and Kimberly Morricone was struck near the neck and died, authorities said.
Officials said the incident lasted less than two minutes. Multiple family members of Giannone were “trapped inside the home out of fear” during the shootout. Investigators recovered more than 30 shell casings from three guns.
The Macomb Daily reported Giannone testified he had no idea why Mollicone had been there that day when he rushed him.
“I told him I didn’t know what he was there for,” Giannone testified. “I said, ‘Get out or I’ll blow your f—ing head off.”
The drama played out in 911 calls reporting the shootout.
“I need somebody here right now! Somebody just keeps shooting at my house,” a woman can be heard screaming as multiple gunshots go off in the background. “My brother’s shot! My sister-in-law is in the house with my kids, bunkered down. My father and mother are here!”
Asked to identify the shooter, the woman who called 911 said she did not know.
“He just got out of the vehicle and started shooting!” she can be heard saying. “He just started shooting, and he’s still here! Please send somebody here!”
Matthew Mollicone also placed a 911 call during the shootout. In the audio recording, he can be heard telling the dispatcher that a man “came out of his house and shot my wife.”
“Send an ambulance now. My wife’s been shot. She’s unresponsive,” he can be heard saying.
Kimberly Mollicone’s obituary recalled the mother fondly.
“Kimberly played many roles in her family, business, and community,” the obituary read. “Her most treasured role was Mom. She was highly active in her children’s lives in many ways — their faith, their school, and their many sports. Kimberly was an integral part of the family business. In recent years, Kimberly started practicing and enjoying yoga. Kimberly was very active and passionate about contributing to the recovery community. Her heart was wide open to anyone that needed it.”
The Oakland Press reported the details in court about the yearslong affair between Kimberly Mollicone and Giannone, which her husband thought the two had recently restarted. Mollicone’s defense attorneys tried to argue that Giannone should be charged with murder since he fired the fatal shot while prosecutors argued Mollicone brought his wife to a dangerous situation, the newspaper reported.
Jerry Lambe contributed to this report.
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