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Judge refuses to dismiss charges in Jimmy Snuka homicide case

Posted: Aug 2nd 2016 By: Laurie Mason Schroeder

With neither side willing to budge in the homicide case against former WWE wrestler Jimmy "Superfly" Snuka, prosecutors on Tuesday asked Lehigh County Judge Kelly L. Banach to dismiss the charges.

Chief Deputy District Attorney Charles Gallagher made the unusual request after Banach denied his motion to force Snuka to undergo outpatient treatment, following her ruling that Snuka, 73, was incompetent to stand trial for the 1983 death of his girlfriend, Nancy Argentino.

Gallagher made it clear that he still believes Snuka is guilty, but said the judge's decision not to force Snuka into treatment means the case could remain in a holding pattern indefinitely. Banach previously denied Gallagher's request to send Snuka to a mental hospital for evaluation.

"If you believe that he's not going to become competent, then what's the point?" Gallagher asked the judge.

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Banach refused to toss the case, saying she is "uncomfortable" with making a decision based on just a "snapshot" of the wrestler gleaned from a four-day competency hearing. Snuka will return to court in December.
FULL COVERAGE: Stories, photos, timelines, more on Jimmy 'Superfly' Snuka and the death of Nancy Argentino
FULL COVERAGE: Stories, photos, timelines, more on Jimmy 'Superfly' Snuka and the death of Nancy Argentino

Gallagher's request was unusual, the judge noted, even for one of the most bizarre homicide cases in Lehigh County history.

In every other case she's handled in which a defendant was deemed incompetent to stand trial for homicide, Banach said, the person was locked up in a state mental hospital and prosecutors did not drop the charges.

But those defendants were denied bail. Snuka, who was charged with third-degree murder and involuntary manslaughter, is free on $100,000 bail. He moved to Florida last month and didn't attend Tuesday's hearing.

Gallagher said he believes Snuka is lying to get out of standing trial.
Raw: Jimmy Snuka leaves court after judge rules he's incompetent to stand trial

Former professional wrestler Jimmy "Superfly" Snuka leaves court after a judge rules him incompetent to stand trial in the 1983 death of his girlfriend Nancy Argentino in a motel near Allentown.

"He's practiced his whole life by being a malingerer in his wrestling field. He's been an actor his whole life," Gallagher said.

Snuka's attorney, Robert Kirwan, said he agreed with the prosecutor's request to have the judge throw out the case.

"It lets them off the hook. If they want to be let off the hook, let them off," Kirwan said.

Kirwan told Banach that Snuka's dementia has worsened since June to the point that the wrestler doesn't recognize his wife.

Banach said she would consider dismissing the case at a review hearing in December. She also agreed to consider any new evidence on the competency issue that prosecutors might find within 30 days.

Kirwan told the judge he's confident prosecutors won't find an expert who will say Snuka's dementia can be reversed.

"Dementia does not get better," Kirwan said.

Snuka was charged in September after a county grand jury determined he repeatedly assaulted Argentino at the former George Washington Motor Lodge in Whitehall Township and then left her in bed to die.

The charges came to light after a 2013 Morning Call investigation on the 30th anniversary of Argentino's death that uncovered a previously unseen autopsy report that stated the case should have been investigated as a homicide.

During competency hearings, defense expert Frank Dattilio described Snuka as a "shell of a man," whose physical and mental health was rapidly declining.

Dr. John O'Brien, a forensic psychiatrist who testified for the prosecution, said he observed Snuka interacting with people in the courthouse and concluded the former wrestler was putting on an act to avoid prison.

By law, a person cannot be forced to stand trial for a crime if found to be substantially unable to understand the nature of the proceedings or participate and assist in their own defense.

As the hearing concluded Tuesday, Banach noted that her nephew, a wrestling fan, told her he'd seen an online posting that said Snuka would be appearing at an upcoming wrestling convention. The judge did not say which event, but news reports last month stated that Snuka was going to appear at Wrestlecon 2017 in Orlando, Fla.

Kirwan said Snuka isn't attending any event. At the competency proceeding he said promoters often put Snuka on their bills even though they know he won't attend to get more wrestling fans to buy tickets. Snuka is not listed on the Wrestlecon 2017 website among the 44 wrestlers and personalities scheduled to appear.

Snuka also made headlines last month as he joined dozens of former wrestlers in suing the WWE and its founder Vince McMahon, alleging that he suffered concussions and brain damage in the ring.