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Fairfax cabbie killer sentenced to 15 years

The man who shot a Fairfax County cab driver to death, after he couldn't pay his $130 fare, was sentenced Friday in Fairfax Circuit Court to 15 years in prison.

The man claimed that cabbie Mazhar Nazir, 49, who lived with his wife and 12-year-old son in the Baileys Crossroads area, came over the front seat at him after he revealed he had no cash for the ride from the District to Reston and then to Tysons Corner.

But evidence at trial showed Nazir was still wearing his seat belt and had been shot in the back of the head on Nov. 2, 2008.

In March, Evan Gargiulo, now 23, a Hillsborough, N.J., man who had recently moved to Reston, claimed he was temporarily insane when he shot Nazir. A jury rejected that claim and convicted Gargiulo of second-degree murder. The jury then imposed a sentence of 12 years for the murder, and three years for the use of a gun.

Nazir's family and cab driver friends, who attended every hearing in the case, were stunned. But they attended again Friday, as a final farewell to Nazir.

Gargiulo's lawyer, Barry Helfand, asked Fairfax Circuit Court Judge Bruce D. White to suspend five years of the jury's sentence, and impose a 10-year term. Helfand also proposed that the judge order Gargiulo to pay "reparations" to the Nazir family, in the amount of $250 a month, or 20 percent of his gross salary, once he is released from prison.

Gargiulo stood and apologized to the Nazirs, and particularly to Nazir's son Zain Nazir, now 13, whose emotional testimony at trial had an entire courtroom in tears. "No one could fill the hole in his life that I created by taking away his father," Gargiulo said Friday. "That is entirely my fault...I'm truly sorry."

Judge White could have imposed or reduced the jury's sentence, but he could not increase it under Virginia law. He imposed it, and declined to order reparations.
"You say you want to make things right," White told Gargiulo. "I don't think there's anything you can do to make things right in taking the life of this gentleman. Paying reparations doesn't make things right."

There is no parole for prisoners in Virginia, but they may be released after serving 85 percent of their time if they have served with good behavior. Gargiulo has been in the Fairfax jail since his arrest in November 2008. With good behavior, he will be eligible for release in about 2021, when he will be 35 years old.

-- Tom Jackman

By Tom Jackman  |  June 4, 2010; 1:02 PM ET
Categories:  Fairfax , From the Courthouse , Homicide , Tom Jackman , Updates  | Tags: Fairfax cabbie murder; Mazhar Nazir murder; Evan Gargiulo trial; Evan Gargiulo sentence  
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Comments

seems like an awfully short sentence. this guy should be in prison for life.

Posted by: slim4 | June 4, 2010 1:28 PM | Report abuse

15 years for killing another person. How many people does he need to kill to get life in prison? His sentence is absurd.

Posted by: jvasque7 | June 4, 2010 1:49 PM | Report abuse

15 years is not enough time. He deserves life in prison.

Posted by: ctree | June 4, 2010 2:02 PM | Report abuse

guess i can't add much. shot someone in the back of the head? that means the driver never heard the shot or knew he was going to die. this guy should get life, this is pathetic. 15 years isn't any kind of justice. weak jury. let someone hurt one of them or their family and they'll be screaming for the death penalty. pitiful

Posted by: red2million | June 4, 2010 2:15 PM | Report abuse

I wonder if this crime were committed in DC or PG County, by a 23 year old black man, would he be given 15 years. Hardly.
Not to mention the negative comments that would surround this crime.
Also, the comments here would be numerous to say the least, with the majority of the comments being stereotypical and racist.

Posted by: Hlynchmaster | June 4, 2010 2:17 PM | Report abuse

Reprehensible, may he get his justice in prison with a shank.

Posted by: mendelsonmustgo | June 4, 2010 2:39 PM | Report abuse

This guy will be 35 when he gets out...and have a LOT of life to live...he'll be younger than the guy he killed was when he had his son...

This sentence is an outrage...

You'd get more time for fraud...

Posted by: squatty2 | June 4, 2010 3:04 PM | Report abuse

15 years is a disgrace and the judge should be more than ashamed of himself. Just another reason to NEVER move to VA.

Posted by: MACCHAMPS04 | June 4, 2010 3:15 PM | Report abuse

I agree, 15 years is an outrageously short sentence for cold-blooded murder of an innocent husband and father of a 12 year old. Pot dealers get longer sentences. Where is the justice in this?

Posted by: bowmanrand1 | June 4, 2010 3:18 PM | Report abuse

I don't understand why the judge declined to order the payment of restitution, especially after defense counsel offered it? After all, the victim left a minor child. I can't help but wonder if the fact that the victim was apparently foreign-born may have led to more lenient treatment of the killer...

Posted by: reasoneddiscourse | June 4, 2010 3:20 PM | Report abuse

I thought Virginia was a tough state with tough death penalty laws according to many of the kooks who post here. This guy will be out on good behavior by the time he's 30! What a load of crap.

Posted by: case50 | June 4, 2010 3:24 PM | Report abuse

This is so unbelievable to me. People who commit robberies or smoke pot get longer sentences than that. Who in the world makes up these sentences? Being shot in the back of the head is not second degree murder. Shame on the prosecutors and judges for allowing this nothing of a sentence to be allowed. If I were the victim's family, I would challenge this.

Posted by: Maxima2 | June 4, 2010 3:31 PM | Report abuse

I'll bet George Hugeley is encouraged by that pathetic sentence.

Posted by: nrabill | June 4, 2010 3:51 PM | Report abuse

I am not going to say that what Evan did was right, correct or justified. I have prayed for Nazir's family many times and believe that a good man lost his life.

With that said, I have known Evan since middle school. We were good friends, worked together and grew up together. Evan has always been a good man, shy, hard worker, smart and very close to his family. When I found out about the news I was dumbfounded and shocked. I could never see Evan ever committing this crime and I believe that something happened that night to make him go crazy.

Evan has never been in trouble and I believe that in 15 years he will never do anything like this again. The jury gave him a second chance at life. Locking him up for life would be sad for a 23 year old that made a poor decision. He has openly admitted what he did and is accepting the consequences with no push back.

Prayers go out to the whole Nazir family and I hope you will open you hearts to forgive Evan, one day.

Posted by: rmccormick2051 | June 4, 2010 4:09 PM | Report abuse

OF COURSE YOU ARE NOT GOING TO SAY WHAT HE DID WAS RIGHT CORRECT OR JUSTIFIED. Seriously what do you hope to gain posting here? I mean SFW that you were friends? by your own post he admitted doing it and that makes him a stone cold killer.


You can't earn redemption for murder. Murder is irreversible, it can't be made right. 15 years is a gift that I don't quite understand. Why aren't people who take a life forced to give up their own in its entirety?

I say screw Evan and his "second chance". You kill someone...and you should lose all rights and priviledges. We aren't talking vehicular manslaughter or reckless driving we are talking about someone who knowlingly retrieved the gun and knowingly could not pay the fare and knowingly shot a defensless innocent man...I don't see anything redeeming here.

Posted by: dudereeno | June 4, 2010 4:27 PM | Report abuse

He must have been white. A black youth would have gotten more time just for the victimless crime of using cocaine.

Posted by: nuanced | June 4, 2010 4:36 PM | Report abuse

Since by his own admission he may at any moment and for no reason go temporarily murderously criminally insane he should be kept in solitary confinement for the protection of his jailers and fellow prisoners.

Posted by: nuanced | June 4, 2010 4:48 PM | Report abuse

15 years for assassinating someone at close range to the back of the head.
My sympathies again to the cab driver's family. They were victimized twice.

Posted by: menopausequeen | June 4, 2010 6:35 PM | Report abuse

WOW - 15 years. When he gets out I hope he doesn't move to my neighborhood - who knows what may make him murder again. What if my grass isn't cut right; my car is too close to his driveway; my sprinkler went off at the wrong time; etc. If he moved to my neighborhood I would want to know and I would send flyers to ALL my neighbors.

Posted by: rlj1 | June 4, 2010 6:54 PM | Report abuse

People,

When you kill, make sure you drink a ton of booze. That way, you will get a shorter sentence.

Evan Gargiulo is a disgusting person who should have life in prison. If the victim's name were McDonnell or Bush or Gargiulo (is this a jersey shore guy?!), the sentence would have been longer.

Posted by: FiatBooks | June 4, 2010 7:03 PM | Report abuse

An outrageously low sentence. The misnamed, devolved "Justice System" at work once again. We need judges who are hard on criminals. Not those softies who cut deals and are worried about cost. The system has turned itself on its head and now works in the favor of the criminal. It's absolutely obscene.

Posted by: CuckoosNest | June 4, 2010 7:38 PM | Report abuse

Too his friend. What if it was your father, and you were 11. What if he murdered your mother, or your sister. Would you pray for him and reflect on what a great guy he was after shooting your mom in the back of the head. Virginia is getting pathetic. I used to want to return to the commonwealth. Now never. If race wasn't the issue, I dont know what was.

Posted by: radioflash | June 4, 2010 8:03 PM | Report abuse

Mark your calendars. He will be back on a street and trigger happy.

Posted by: veloboldie | June 4, 2010 8:20 PM | Report abuse

judge not able impose a stiffer penalty needs to be changed. the defendant will choose to murder again; he's a sociopath and won't take blame for his actions. in his mind, it's ok to murder.

Posted by: prfctcrle | June 4, 2010 10:35 PM | Report abuse

1. Very interesting that a side-bar item of other news says a teacher gets 17 years for filming sex with student. This idiot only gets 12 for taking a life; I don't know what the hell the 3 years for the gun means but it's still just 15 years total.

2. The article doesn't mention that this criminal will probably be up for parole in 10 years. And since it was just some poor, foreign cabbie that he killed, he will likely make parole.

3. In most states 2nd degree murder carries a sentence of 25 to life. If the DA couldn't get that for just the murder alone, he/she should have added armed robbery to the murder charge since that was the motive of the murder.

Posted by: jdcinarlington | June 5, 2010 7:37 AM | Report abuse

I wonder how many people on this board have weaseled their way out of jury duty? I agree that this is a ridiculously short sentence for murder. I also just got done serving my community by performing jury duty. It was inconvenient and the case we were assigned was repulsive, but I watched many people try to 'get excused' for the most BS of reasons. If you have ever tried to 'get excused' from performing one of the few duties/responsibilities you have as an American, then you have contributed to this atrocity. (BTW, we convicted and recommended a longer sentence in our case, and nobody even died.)

Posted by: DPC480 | June 5, 2010 2:03 PM | Report abuse

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