PORTLAND, Maine — A man found guilty of manslaughter in the 2019 death of his sister's boyfriend will get a new trial.
Justice John O'Neil Jr. released that decision about Mark Cardilli Jr.'s case Tuesday, Aug. 22, writing, "Mr. Cardilli has proved that trial counsel's failure to vigorously argue self-defense...constitutes ineffective assistance of counsel."
O'Neil Jr. said that violates the U.S. Constitution's sixth amendment.
Cardilli was convicted of manslaughter in December of 2019 for shooting and killing Isahak Muse in March of that year. Muse was 22 years old at the time of his death. Cardilli was sentenced to seven and a half years in prison. He was not found guilty on a charge of murder.
The shooting happened at Cardilli's family home at 107 Milton Street on March 16, 2019. According to original testimony, Cardilli was living there with his parents and 17-year-old sister after serving in the U.S. Army for five years. His sister was under bail conditions of no contact with Muse, but he came over to the home at 10 p.m. on March 15. After a family argument, Cardilli's parents agreed to let Muse stay at the home until 1 a.m.
Original testimony indicated Muse refused to leave at 1 a.m., and another family argument began, turning physical. That's when Cardilli went to get his gun. He pointed it at Muse and told him to leave, and Muse started hitting him. At 1:43 a.m., Cardilli shot three times. He then called police, and emergency responders confirmed Muse was dead at the scene.
Cardilli pleaded not guilty to murder. According to court documents, he told police he shot Muse in self-defense. Cardilli said he shot Muse in the chest, but an autopsy later indicated Muse was fatally shot in the back.
Cardilli was allowed out on $50,000 bail, since his defense attorneys argued he didn't have a prior criminal record.
During the trial, the prosecution argued that Muse was not an intruder in Cardilli's home and said Muse was unarmed at the time of the shooting. Cardilli waived his right to a jury, and Superior Court Justice Nancy Mills heard from about two dozen witnesses. She delivered a guilty of manslaughter verdict on Dec. 27, 2019.
Cardilli was sentenced to seven and a half years in prison in August of 2020.
The shooting created tension in Portland's Muslim community, with some calling it a hate crime by a white man against a Black Muslim man. Cardilli's sister, Chelsea Cardilli, testified during her brother's trial, saying he had made racist remarks in the past about Somali, Muslim, and Black people.
NEWS CENTER Maine reached out to the Office of the Maine Attorney General for comment about the judge's decision to vacate the conviction. Danna Hayes, assistant to the A.G., said the office is still reviewing its options to determine a next course of action.
"Our office will continue to work to ensure justice for Isahak Muse and his family," she added.
NEWS CENTER Maine also reached out to Cardilli's current attorney, Tom Hallet, who said this in a statement: "We are obviously extremely pleased with Justice O’Neil’s ruling and the prospect of a new trial. My client has been in prison for four years for a crime he did not commit."
A new trial date has not been scheduled. Cardilli is being transferred from the Maine Correctional Center to the Cumberland County Jail. The jail said he is set to have a bail hearing at 1 p.m. Friday, Aug. 25.