Kaguyutan convicted of second-degree murder

After more than 10 hours of deliberation, a jury convicted former Pitt student Matthew P…. After more than 10 hours of deliberation, a jury convicted former Pitt student Matthew P. Kaguyutan of second-degree murder yesterday.

The decision came after four days of testimony about the night of Sept. 29, 2000; prosecutors allege Kaguyutan set fire to a building at 409 N. Craig St. Pitt student Joseph Marcinek, a senior majoring in psychology, was killed in the blaze.

The jury, composed of four men and eight women, found Gettysburg, Pa., native Kaguyutan guilty of everything he was charged with. At his Sept. 20 sentencing, he will receive jail time for the second-degree murder charge, as well as arson, burglary, criminal intent, risking a catastrophe and recklessly endangering the lives of others. Kaguyutan faces the possibility of receiving more than one life sentence for the collective crimes.

As he was escorted from the courtroom, Kaguyutan repeatedly mumbled, “I’m innocent,” to himself.

Peggy Marcinek, the victim’s mother, cried as she exited the courtroom following the verdict. Referring to “32 months of hell,” she said she felt only partly relieved by the verdict.

“He’ll spend the rest of his life in prison,” she said, “but his parents can still go talk to him and go see him.” Prosecutors in the case believe Kaguyutan never intended to kill Marcinek, but instead lit the fire in order to prevent his ex-girlfriend, Carissa Probst, from living in the building with another man. Marcinek, who was the only resident not to escape the building, died of smoke inhalation and carbon monoxide poisoning. Any untimely death that occurs in conjunction with a felony – in this case arson – is considered second-degree murder.

Probst, like the victim’s mother, expressed relief at the end of the trial. “I’ve been living in fear so long,” she said. “Now I can move on with my life.”

Kaguyutan’s attorney, Gary Gerson, focused on a confession police say Kaguyutan voluntarily gave them in October 2000. He alleges the confession was coerced, Kaguyutan was intimidated and poorly treated, and detectives manufactured much of their testimony in the case. He was unsure yesterday whether the case would be appealed.

Because of the extended deliberation, Gerson said the jury “clearly had some doubts.”

Kaguyutan will remain in Allegheny County Jail until his sentencing.