El Pelon Sentenced to Life

El Pelon Sentenced to Life
by Geofree Capodanno


WEST CHESTER, PA- A jury convicted Jose Manuel Pantoja-Palmerin, of Atglen, on a first-degree murder charge on February 4 for lethally stabbing a rival gang member, Fidel Ibarra, 29, of Kennett Square. The incident transpired on March 20, 2004. Pantoja-Palmerin, 21, was also found guilty on charges of aggravated assault, possession of a concealed weapon, and possession of an instrument of crime. After a seven-hour deliberation by the jury, they announced their verdict at 7:10 p.m. A loud gasp escaped from the audience that broke the silence of Common Pleas Court Judge William P. Mahon’s courtroom at the Chester County courthouse.

Throughout the proceedings, Pantoja-Palmerin maintained an impassive, straight-ahead stare with his black hair combed neatly backwards and wearing a dark jacket. After the verdict was read, he avoided any eye contact with family members as he was handcuffed and taken away by sheriff's deputies. His first-degree murder conviction carries a mandatory life sentence in prison.

Police believe that the murder was definitely gang-related due to both men being from rival gangs. Pantoja-Palmerin is known in the Kennett Square area as El Pelon, or "the bald one."

According to prosecution witnesses, Pantoja-Palmerin stabbed Ibarra near the Gran Sasso restaurant in Kennett Square, between South Street and Walnut Street, on March 20. Ibarra arrived at Jennersville Regional Hospital unconscious and was pronounced dead at 10:57 p.m. An autopsy report exposed that one of the stab wounds punctured his lung and lacerated his heart. On the same night, Pantoja-Palmerin was apprehended by Kennett Square police officers at the 600 block of South Broad Street. The police officers also discovered the murder weapon on the 600 block on the front lawn of a residence.

Inconsistency was a solid theme throughout the court proceedings. When the prosecution witnesses, who were at the scene, gave conflicting testimonies, the defense attorney Leonard J. Rivera disputed that the contradictions were cause for reasonable doubt.

The case became more compelling when Jose "Harry" Gasca, best friend of Pantoja-Palmerin, was brought in to testify as a material witness. Gasca, who was with Pantoja-Palmerin at the time of the incident, was escorted to the courtroom by police officers and wearing handcuffs. Allegedly, Gasca had been avoiding authorities to thwart testifying at Pantoja-Palmerin’s trial. Finally, he was located by police at his house painting job site and reluctantly brought to the courtroom.

Gasca negotiated a deal that would grant him immunity from prosecution in exchange for an honest testimony. However, Gasca provided a contradicting testimony than what he gave authorities shortly after the incident. He explained to Assistant District Attorney Carlos Barraza that Pantoja-Palmerin, Gasca’s girlfriend Delia Gutierrez, and he were in route to a party when they went to the Gran Sasso restaurant in Pantoja-Palmerin’s white Mitsubishi Eclipse. Pantoja-Palmerin had bottles thrown at him along with an extreme amount of yelling when he got out of his car. He stated that Pantoja-Palmerin threw some missed punches in self-defense. Barrazza asked Gasca why he never told the police that Pantoja-Palmerin was defending himself. He responded that the police never asked him that particular question. Barraza brought up the fact that Gasca told the police that he saw Pantoja-Palmerin with a knife. According to the Philadelphia Inquirer website, Gasca responded, “I don't remember; I don't remember saying those words.”

Delia Gutierrez had some major conflicts in her version of the transpired events which differed from Gasca’s version. She mentioned that she ducked down to the floor when she heard gunshots after Pantoja-Palmerin exited his automobile. She also said that Gasca got into the driver’s seat, drove around to pick up Pantoja-Palmerin, and drove over a curb to avoid being stopped by a police roadblock on the way back to Gasca’s residence.

These incongruities did not assist Gasca, as he was doing more harm to himself than good. Assistant District Attorney Ann Marie Wheatcraft did not believe Gasca was being truthful in his testimony and even went as far as calling him a “liar” to the court. According to the Kennett Paper website, Wheatcraft asked, “Did you see the way he was looking at the defendant? The way he was glancing at him nervously?” Based on the contradictions between his recent testimonial and prior statement, Gasca now faces a perjury charge while he is in custody at the Chester County Prison.

Factors were building up against the defenses’ favor. Passengers in Ibarra's automobile identified Pantoja-Palmerin as the man who had scuffled with Ibarra outside of Gran Sasso, which ultimately ended with Ibarra being stabbed and later murdered. Also, Kennett Square Police Officer Jeremy Rubincan testified that he journeyed around the area, which led him to the discovery of the knife that he believed was the murder weapon used in the assault. Kennett Square Police Chief Albert J. McCarthy testified that the weapon would have been exposed a lot sooner following Pantoja-Palmerin’s arrest, but several police officers were sent to the Jennersville Regional Hospital after being notified of Ibarra’s injury.

Wheatcraft had informed the jury to expect inconsistencies from the testimonies and she was correct. According to the Kennett Paper website, Wheatcraft is quoted stating, “If everyone said exactly the same thing then I would be suspicious.” She reiterated this notion to the court in her closing argument. She even displayed the seven-inch knife and autopsy pictures of the victim’s wounds for a second time in her closing argument as well. Wheatcraft explained that the wounds on Ibarra's chest matched the exact size and shape of the knife located where Pantoja was arrested. According to the Philadelphia Inquirer website, Wheatcraft explained to the jury, “What a coincidence that the defendant had been standing where the knife had been found and that it's exactly the same size as Fidel Ibarra's wounds.”

The jury was intimated by Pantoja-Palmerin for most of the duration of the trial due to his alleged gang relation. After the case was delayed due to this intimidation, Judge William P. Mahon assured the jury members of their safety in open court. According to timesleader.com website, Mahon addressed the jury by stating, “After jury selection, those jury questionnaires were taken by the court administration and destroyed.” Mahon continued, “The defendant doesn't have the ability to take that home with him or take that back to prison with him.” Mahon also had to dismiss two alternatives even before deliberations began.

In the aftermath, Wheatcraft is more than content with the jury’s decision. According to The Kenneth Paper website, she stated, “I think it was warranted. No one wins in situations like this.”

The defense had a different reaction. In his closing arguments, Rivera challenged the reliability of the prosecution's witnesses, especially since Gasca was led handcuffed into the courtroom and now likely charged with perjury. According to the Philadelphia Inquirer website, Rivera stated, “It's a simple story, yet every time they tell it, they can't get it straight. That's why I submit to you that they were lying.” From the WPVI.com website, Rivera was also skeptical about why there was no forensic evidence linking his client to the hunting knife or the victim, such as blood or clothing fibers.