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NE: Vigilante won’t fight murder charge for shooting sex offender 7 times

[omaha.com – 4/16/21]

Raising a 9 mm semiautomatic rifle, James Fairbanks riddled Mattieo Condoluci with seven shots, bullets entering Condoluci’s back and chest. One bullet pierced Condoluci’s forehead, near his temple.

All after Condoluci, a convicted sex offender, answered his door near 43rd and Pinkney Streets in May 2020.

Yet Fairbanks and his attorney, Steve Lefler, contemplated a self-defense claim up until minutes before the 44-year-old Omaha man pleaded no contest Thursday to second-degree murder and a gun charge. They said Condoluci had charged the armed Fairbanks after he showed up at Condoluci’s house to warn him to stay away from kids.

Prosecutor Brenda Beadle, the chief deputy Douglas County attorney, called the self-defense assertion “comical.” She noted that Condoluci had no idea that a gunman would come to his door the night of May 14 and had not had any prior contact nor conflict with Fairbanks. Beadle and fellow prosecutor Ryan Lindberg suggested that Fairbanks was hunting sex offenders with the rifle he had bought earlier that year.

Before the killing, prosecutors say, Fairbanks:

Googled whether Nebraska’s death row offers a commissary. He researched stories of other men who had killed sex offenders and what their penalties were.

Sought to find out whether a gunshot alert system — Shotspotter — could detect the sounds of shots from inside a home. And he researched legal definitions of second-degree murder vs. self-defense.

Read the full article

 

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Premeditated 1st degree murder.

Sad performance from this prosecutor. The man didn’t just premeditate the murder, he googled commissary on death row. He premeditated not only the murder, but his arrest, and sentencing as well. The same prosecutors who are eager to overcharge RSO’s, those prosecutors who dribble on and on sanctimoniously about “accountability” for tripping RSO tech violations or initial sex convictions on limited or flawed evidence, can’t even charge a murderer for the offense that was enabled and encouraged by the kill lists that prosecutors themselves push to be published! Absolutely unbelievable. When an RSO seething hatred for prosecutorial hypocrisy reaches boiling point there will be hell to pay. No justice only hate, no understanding only fear. This is the climate they created and god willing someone will shove them in their own fire face first.

You gotta be careful You never know who might show up at your house and try and kill you
I remember years ago my wife called me at work and said when she was walking back from talking the kids swimming at the pool a bunch of cholo gang members approached her and told her they didn’t want me and my kids hanging around the pool area anymore and to tell me I better move out of their neighborhood.
She was so shaken up by what happened that I drove home when got there I could tell she was scared so I went up to all them and asked them hey you guys got something you wanna say to me and they said yeah we don’t wanna see at the pool anymore or at the bus stop dropping off or picking up your kids and if I didn’t move they were gonna shoot my house up.
At the time let’s just say I had my own personal protection specifically for these types of situation so I wasn’t to worried but it was enough to convince us to move.

Good luck 😬👌

Maybe it’s not your conviction ( whatever that is since, you never mention it ). Maybe it’s your general attitude.

While I was awaiting release the day I was arrested, I was asked by an inmate what I was doing there. Like an idiot I told him, a C.P. Charge. His reaction, “ Really? You don’t strike me as a guy that would do that shit” . He then helped me with my release. Three guys shook my hand and wished me luck, all Hispanic. Saw one of them at my 2nd court date and he smiled and nodded. It’s about how you present yourself and treat others.

Maybe its because sex offenders have a hard time finding a decent place to live and often in up in low income housing or poor gang infested neighborhoods.
Iv never been to prison before thank GOD but I’m sure being in the county jail waiting for release is nothing like being in San Quentin waiting for release saying something like that could’ve easily gotten you killed.
And just because they were kool with you doesn’t mean they wouldn’t be quick to out if they saw you in A public setting or if you ended up doing some time in prison and saw that guy on the yard every prisoner in that prison would of new you were busted for CP your first day.
It could be alot of reason’s why I was being harassed by low life tweaker gangbangers in that neighborhood but I’ll bet 90% of the reason was one of my neighbors in my apartment building saw my face blasted all over the internet with the words sex offender under it and I’m pretty sure word gotta around .

Good luck 😬👌

I admit I’m biased, but I have a really hard time buying any of Fairbank’s version of this story. How anyone can seriously claim self defense when he took the loaded shotgun to the man’s house without ever having any personal dealings with him is a considerable stretch. Any shred of possibility that I might have thought there was the smallest inkling of nobility to murdering the registrant was gone when the DA revealed that he researched murder law days before.

This guy just wanted a little hero worship and apparently wasn’t getting it at work. I’d bet my left nut he was reveling in the adoration he received until he became yesterday’s news. I’d also bet whatever was raised for his defense dried up.

How is this not 1st degree murder?!?!

Good legal defense and sympathetic judge?

Sora, is not punishment, it’s a death sentence ☠️

Where is Douglas Prosecutor Don Klein? Fairbanks needs to spend the rest of his life in prison. Anything else is injustice. Heck that should go on the Nebraska welcome signs, Nebraska Home of Vigilante Justice.

I can see why Nebraska is the least visited state. To busy stuck on the old west mentality

I agree it was 1st degree murder. Think about the jury if they went to trial. It would have taken just one to say Condoluci got what he deserved.

I agree with all of you that James should be charged for 1st Degree Murder. All that researching about the law and about prison life is indicative of a premeditative motive.

Fairbanks story, “I was out looking for a house when I saw another man pretending to wash his truck; while he watched children. what man has a playground in their backyard except to lure children. I decided to confront him with my loaded gun when I mistakenly hit the trigger. Your honor, he was trying to come after me so I shot him and I don’t know how all that incriminating evidence found it’s way on my computer. I was drunk or high. More importantly I was protecting the streets of Omaha from a man washing his truck.”

Fairbanks deserves life in prison without parole for 1st degree murder

He does. But we don’t deserve to be on the registry. There would have been at least one person who would have acquitted him. Those of us on the registry have felt the hate.

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