DERRY — The shooting of a Derry man at an Elm Street apartment last week happened because of a dispute over a woman, police said.
Derry Detective Greg Santuccio testified Thursday that Anthony "Trigga" Daylor, 19, of Manchester was brought to the apartment at 28 Elm St. by two friends to fight with shooting victim David Frediani.
Instead of fighting, Frediani, 19, suffered a single gunshot wound to the hip from a .45-caliber shell when Daylor fired five times through a first-floor apartment window, police said.
Yesterday, defense lawyer Jacki Smith tried to convince a judge police did not have enough evidence to arrest her client for the shooting April 7.
Smith described her client's admission to firing the gun as a shaky one, given to police hours after his arrest.
"You said what you did with Mr. Daylor is that you gave him an opportunity to say this was an accident," Smith said while questioning Santuccio about his interview with Daylor.
She suggested based on the investigation, Daylor's friend, Christopher Yule, could be the gunman instead.
Daylor first told police he had nothing to do with the shooting, then blamed it on Yule, who accompanied him to the apartment with his 16-year-old girlfriend, according to yesterday's testimony. Daylor then told police the shooting was an accident, Santuccio said.
Yule handed his .45-caliber semiautomatic to Daylor just as they were leaving the apartment building, where Frediani lived, according to Santuccio's testimony.
Moments earlier, Frediani and Daylor exchanged heated words.
"Then Yule stated he passed a gun to Mr. Daylor," Santuccio said. "They were concerned Frediani may have had a gun, and if Mr. Frediani had a gun, then Mr. Daylor would be the one more at risk."
When police officers found Frediani on the floor inside the apartment, he first identified Daylor, whom he called by the street name "Trigga," as the shooter.
"He made a statement to me that Trigga possibly slept with his girlfriend," Santuccio said.
Detective Andrew Turgeon already knew the name "Trigga" because Daylor was wanted on charges of punching a window at a Derry apartment last year over an alleged drug deal gone awry, according to a police affidavit.
Daylor is charged with first-degree assault in connection with the shooting. Police said Daylor had a view of where Frediani and about a half-dozen friends were sitting when he fired the gun.
Police later found four other shots and recovered shell casings about 10 to 15 feet from the window, Santuccio testified.
Smith quizzed police about the fact they haven't recovered the gun, and asked whether they planned to test clothing seized from Daylor and Yule for gunshot residue. Santuccio said the clothing may be tested.
District Court Judge John Coughlin disagreed with the defense's claims and concluded police had enough evidence for Daylor's arrest.
He also decided to keep Daylor jailed on $100,000 bail after Smith asked for a lower bail and the possibility of house arrest.
Police prosecutor Anthony Ruggirio argued Daylor needed to remain behind bars because of his criminal record, which includes juvenile offenses not detailed during yesterday's hearing.
Daylor had a protective order filed against him in 2006 and has an open case in Lawrence, Mass., on charges of carrying a dangerous weapon in June 2007, he said.
"Mr. Daylor starts out saying he wasn't even there," Ruggirio said. "Eventually, he offered that it was only an accident. Had it been one shot, your Honor, that could be bought as something as he was trying to scare him. With five shots, that's not trying to scare him."