A Boulder County jury got a first look at some of the evidence that will be presented in a murder case Wednesday morning as lawyers argued what occurred the early morning of June 2, 2022, when 34-year-old Nicholas Wilson was fatally shot in a Lafayette home.
Anthony Franchitti, 40, pleaded not guilty to first-degree murder after deliberation in 2023.
He remains in custody and is facing a mandatory sentence of life in prison without the possibility of parole if he’s found guilty of first-degree murder.
On Wednesday morning, Senior Deputy District Attorney Genevieve Craggs walked the jury through the events of the night before the shooting through the following day.
Craggs explained that Franchitti had been drinking with Wilson in the home of a former romantic partner turned friend. According to Craggs, Wilson had been hanging out with the woman more in the weeks prior, sleeping over at her house and had desires to be in a more romantic relationship with her.
Franchitti had reportedly sent texts to the woman prior to that night saying, “You lie you talk to other guys and do the same s*** to them,” and “F*** that and f*** you.”
Craggs explained that Franchitti shot Wilson in close range before holding the gun to his own mouth and head. Following the early morning shooting, Franchitti made approximately 20 calls throughout the morning, but did not call 911.
“In the early morning hours of that day, Anthony Franchitti took a 40-caliber Smith and Wesson and shot Wilson not once, not twice, but three times,” Craggs said.
Craggs told the jury they can expect to hear from multiple forensic scientists from the Colorado Bureau of Investigations and noted that gun powder particles were found on Franchitti’s hands but not the woman’s.
“We will prove to you with the evidence and testimony that the defendant killed Mr. Wilson and he’s guilty of first-degree murder,” Craggs said.
Franchitti’s defense attorney James Merson similarly briefed over the night and morning of the shooting but argued that Franchitti shot Wilson as an act of self-defense.
“Anthony Franchitti reasonably believed he was in a fight for his life and Mr. Wilson intended to cause him serious bodily injury,” Merson said.
Merson argued that Wilson was getting “more hyped up” as the night progressed and the trio drank more, leading him to become upset and yell at Franchitti that he was going to kill him.
“This was a scuffle,” Merson said before explaining that a pathologist would testify that Wilson was found with several fresh injuries on his body.
Merson told the jury that Wilson lunged for Franchitti’s handgun, the only gun in the residence, prompting Franchitti to be scared of the harm Wilson would do if he got ahold of it. Merson said at the time, Franchitti knew of a man Wilson had reportedly fought previously which resulted in a bloodied nose.
“Mr. Franchitti is concerned that Wilson is going for his handgun, he’s lunging for his handgun,” Merson said.
He added, “Mr. Franchitti thought that he was in a fight for his life.”According to an affidavit, dispatchers received a call at 12:48 p.m. June 2, 2022, from a defense attorney stating that a body with a gunshot wound was inside a residence at 12161 Flagg Drive.
When police responded, they found Franchitti and a female resident of the house already there along with their respective defense attorneys.
Wilson was in a bedroom doorway on the ground and was pronounced dead at the scene.
An autopsy found three gunshot wounds, including one from a distance to Wilson’s back and two more in his leg and arm from closer range.
Both Franchitti and the woman declined to speak to investigators through their defense attorneys.