SALEM — A man who allegedly “bashed in” the head of another person with a hammer — and authorities say admitted it — has rejected a plea deal and instead wants to go to trial.
Gary M. Elkin appeared Monday in state Superior Court Salem where his defense attorney told Judge Benjamin Telsey that Elkin wanted to reject the state’s offer of 45 years in state prison in exchange for his guilty plea in the case.
In addition, Elkin’s defense attorney Joseph Neal, said he plans to file a motion challenging the indictment against Elkin charging him with first-degree murder, saying the charge should be lowered to manslaughter.
Elkin, 26, was arrested May 31, 2015 by New Jersey State Police after they responded to a call around 3:21 a.m. that morning at a home on Yorktown Road in Alloway Township.
He allegedly hit Paul Direnzo, 54, several times in the head with a hammer.
Direnzo, who was found unconscious in a chair, was airlifted to Cooper University Hospital, Camden, where he died two days later, authorities said. After Direnzo’s death, original assault charges against Elkin were upgraded to murder.
After the attack, First Assistant Salem County Prosecutor William Brennan told the court, Elkin is alleged to have jumped out a window and fled into the nearby woods when state police arrive at the home.
When he was caught, Brennan said, Elkin still had “a part” of the hammer allegedly used in the attack with him.
Brennan also told the court that witnesses who were at the home identified Elkin as the alleged assailant. Brennan also said that Elkin had admitted to police that he had attacked Direnzo. That was something, under questioning from Telsey Monday, that Elkin confirmed.
Direnzo, who was found unconscious, was airlifted to Cooper University Hospital, Camden, where he died two days later, authorities said. After Direnzo’s death, charges against Elkin were upgraded.
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In discussing Elkin’s rejection of plea deal with the state, Telsey said he wanted to be clear that Elkin understood what the state offered and the life sentence he could face if found guilty of murder in a trial “was a substantial difference.”
In Monday’s pre-trial hearing, Neal also told Telsey that Elkin wanted a non-jury trial and wanted his trial to start sooner than later.
“He’s been ready to go to trial for a while,” Neal told the judge.
It was also noted during the hearing that “mental health issues, diminished capacity or insanity” may be included as part of Elkins’ defense.
Telsey scheduled a hearing on Neal’s motions for dismissal of Elkins’ indictment and a non-jury trial for March 31. He also tentatively scheduled Elkin’s trial for May 1.
Assistant Salem County Prosecutor Johnathan Flynn is also assisting with the case.
Authorities have not given a motive for the alleged attack.
Elkin remains in the Salem County Correctional Facility, Mannington Township, on $750,000 bail.
Bill Gallo Jr. may be reached at bgallo@njadvancemedia.com. Follow Bill Gallo Jr. on Twitter @bgallojr. Find NJ.com on Facebook.
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