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Wednesday, May 23, 2012

Hammond man convicted of reckless homicide

Updated: March 12, 2012 8:05AM



A Lake Superior Court jury deliberated about seven hours before convicting a Hammond man of reckless homicide in a 2011 Hammond stabbing.

Benito Lesiak, 57, faces a maximum eight-year sentence for the death of Scott Philips, 44, at their residence in the 1200 block of Sherman Street, Hammond. Sentencing is March 19 before Judge Salvador Vasquez.

Though Lesiak testified that Philips was agitated over Lesiak’s decision to move out on Aug. 1, deputy prosecutor Christine Parry portrayed Lesiak in her closing argument as jealous of Philips’ relationship with a younger man who lived in the neighborhood. Lesiak said his reason for moving was that he suspected the man of stealing his belongings.

Jurors acquitted of Lesiak of a charge of murder, punishable by a maximum 65-year sentence. They also acquitted him of voluntary manslaughter, punishable by a 20- to 50-year sentence.

Testimony during the five-day trial showed that the morning of the homicide, Lesiak and Philips had argued about Lesiak’s impending move and a visit from the younger man. Lesiak, who has permanent injuries from a car crash, testified Philips picked him up, pushed him and cuffed him on the sides of his head.

Lesiak, who had been washing dishes, said he grabbed the knife to ward off a further attack by Philips, who he said came toward him. Photographs of Lesiak taken at the police station did not appear to show bruises on him. Defense attorney Richard Wolter Jr., presented as evidence a close-up facial photo that appeared to show swelling on Lesiak’s face from what he described as being head-butted by Philips.

Lesiak testified he called 911 after locating Philips’ cell phone and applied pressure to the wound.

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