NJ man who shot himself in the leg gets conviction overturned

🔴 Man shot himself and went to hospital

🔴 Police questioned him without Miranda warning

🔴 Appeals court says there's still enough evidence to convict

ATLANTIC CITY — A Wildwood Crest man has won his appeal overturning a conviction for illegally possessing a handgun that he used to shoot himself in the leg.

Christopher DiAntonio, 22, is being held at Garden State Youth Correctional Facility, a state prison in Chesterfield for offenders ages 18 to 30. He will be eligible for parole on Jan. 18, 2025, according to state Department of Corrections records.

DiAntonio is serving concurrent sentences for several crimes. He was sentenced in 2022 to three years in prison for cocaine possession. While in jail, he was charged with criminal mischief for tampering with his cell's sprinkler system and flooding it.

However, his longest sentence of five years for unlawful possession of a handgun has been vacated. An appellate panel overturned the conviction on Monday.

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It's unclear whether the appellate decision affects DiAntonio's parole date. An attorney for DiAntonio and the Atlantic County Prosecutor's Office did not respond to requests for comment.

Questioned without a Miranda warning

DiAntonio told police he shot himself in the lower leg at the Quality Inn in Atlantic City on Aug. 12, 2020, according to court records. He went to the hospital to treat the gunshot wound.

While there, DiAntonio was questioned by three Atlantic City police officers in three separate interviews. Court records said he was never given a Miranda warning, which requires police to inform suspects that they have a right to remain silent and a right to an attorney.

The appellate judges ruled that the first two interviews were appropriate because, at the time, DiAntonio was not a suspect. He had given the officers a detailed story about being shot by two men in a BMW but investigators found holes in the story and chose to follow up with a third interview.

"I know for a fact that this story you're telling me is bulls**t... Listen, you're leaving stuff out of this story on purpose," said Sgt. Innocenzo Visceglia to DiAntonio, according to court records.

According to the appellate judges, this showed that Visceglia saw DiAntonio as a suspect and the purpose of the interview was to get a confession. At that point, DiAntonio was entitled to a Miranda warning.

Still enough evidence to convict?

While the decision overturns DiAntonio's conviction, the appellate decision doesn't mean he is off the hook.

"We note that there is still substantial evidence the State can use," the judges said in their decision.

During the earlier police interviews, DiAntonio said he was shot near the Quality Inn, which led police to get surveillance video from the area.

"That video showed defendant going into and coming out of a room while he was limping. The police also found a shell casing and blood stains in the room at the Quality Inn. That evidence is not being suppressed," the judges said.

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