Zachary Gibian

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On December 14, 2006, Zachary Gibian was convicted of second degree murder in the February 27, 2005 killing of his stepfather, retired NYPD Officer Scott Nager, in Nager's home in Hauppauge, New York.

Contents 1 Biography 2 The Killing 3 Gibian's Confession 4 The Arraignment 5 The Trial

[edit] Biography

Gibian was born in Little Rock, Arkansas on December 4, 1986.

Gibian's mother, Laura Nager, suffers from multiple sclerosis. Gibian's biological father, Gary Gibian, lives in Chicago, Illinois. Laura and Scott were married in 1991.

[edit] The Killing

The killing was first reported by Laura Nager, who called 911 upon discovering Nager's body at around 1:00 p.m. She reported that Nager had been killed following a burglary attempt.[1]

Gibian was not at home when the police arrived, but was questioned later that day upon his arrival home, where he was arrested.

[edit] Gibian's Confession

Gibian signed a written confession on the day of the killing.[2] Gibian's confession was also videotaped.

In his confession, Gibian stated that he and his mother had been subjected to physical abuse at the hands of his stepfather on only one occasion, but both had been repeatedly subjected to verbal abuse.

Upon leaving home to return to Little Rock to live with his biological father, Gibian returned to Nager's house shortly before noon on the day of the killing. He found his mother and stepfather lying on couches in the living room, and his mother crying, complaining that she had been fighting with Nager. Gibian wrote that he told his mother to go upstairs, and that he planned to kill Nager. When his mother asked Gibian if this was the "right thing to do," Gibian told her that he "knew it was," and that once it was done they could "live comfortably."

Gibian confessed that he retrieved a samurai sword from the garage, donned latex gloves, and slashed the left side of Nager's neck while Nager was sleeping in the couch. Nager woke up, and apparently not seeing Gibian, said "who the fuck did this?" Gibian stepped out from behind the couch, and after Nager exchanged more words with Gibian, Gibian slashed him again in the back of the neck.

Gibian further confessed that he changed his clothes, and put the samurai sword and his clothes in a bag. He also retrieved a gun, knife, cigarette lighter, and some of his mother's OxyContin pills.

Gibian called his friend, Troy "T.J." Harrelson (son of former Major League Baseball player Bud Harrelson and told him he had killed Nager. T.J. drove Gibian to Lake Ronkonkoma, where Gibian had planned to dump the bag containing the sword and his clothes, but the lake was frozen. Gibian and Harrelson drove to Vets Mall, and Gibian dumped the bag, along with the gun, knife and lighter in a dumpster. Harrelson dropped Gibian off at a friend's house in Wyandanch, New York, and Gibian gave him some of the OxyContin pills Gibian had taken from his mother.

[edit] The Arraignment

Surrounded by high school friends, Gibian was arraigned on March 10, 2005, and charged with second degree murder.[3] Bail was set at $250,000 cash or $550,000 bond.

With both Gibian's mother and father at his side, Gibian's attorney, William Keahon described Nager as a "despicable person," who kept a stockpile of weapons and owned an extensive collection of Nazi memorabilia. Keahon asserted that Nager (who was Jewish) had used the weapons and memorabilia to taunt Gibian for "behavioral modification," and that Nager often armed himself with three guns at a time.

Gibian was released on $250,000 cash bail on March 14, 2005, despite prosecutors' arguments that Gibian's bail was being paid for with Nager's assets, and that Gibian's mother may have helped Gibian cover up the crime.[4]

Shortly before trial, jury selection was halted when a fellow inmate of Gibian's provided prosecutors with an issue of "Road and Track 2005 Car Buyers Guide" with several handwritten notes purportely written by Gibian. Prosecutors alleged that Gibian had drawn up a "wish list" of how he was going to spend the proceeds of Nager's life insurance policy.[5]

[edit] The Trial

In his opening statement, Gibian's attorney hinted that Laura Nager, not Gibian, may have killed Nager.[6]

Harrelson was called as a witness at trial, and testified that Gibian confessed to him that he had killed Nager.[7]

During the presentation of the defense's case, Gibian disavowed his confession, and testified that his mother had actually killed Nager, and that he had confessed solely to protect her.[8] Gibian also testified that he had been sexually abused for several years by Nager, and that his mother had only discovered the abuse the night before the killing. Gibian testified that he left the house that night, and when he returned, saw that his mother had killed Nager.[9]

Gibian's mother, who was not called as a witness by either Gibian or the prosecution, denied any involvement in the killing. She did not attend her son's trial.

After seven days of deliberations, Gibian was found guilty of second degree murder on December 14, 2006. He was sentenced to 25 years to life in prison. In a separate proceeding, Harrelson pled guilty to hindering prosecution, and was ordered to enter an inpatient drug rehabilitation program.

Prosecutors continue to consider Laura Nager a person of interest, noting that she sued to collect a $2 million life insurance policy held by Scott Nager, and may have intentionally misled police by claiming that Nager was killed during a burglary attempt.