AP News, January 18th, 2007
A man convicted of murder after nearly beheading his stepfather with a samurai sword was sentenced Wednesday to the maximum 25 years to life in prison.
Zachary Gibian, 20, was convicted last month of second-degree murder in the February 2005 death of his stepfather, Scott Nager, who was killed as he slept on his living room couch.
Gibian testified that Nager had sexually abused him since age 15 _ a claim prosecutors called "preposterous."
Gibian, of Hauppauge, made no statement at his sentencing. His lawyer said he intends to appeal.
"I think he got what he deserved," said Nathan Nager, the victim's 82-year-old father, speaking of the young man he once called his grandson. "If he showed remorse, I wouldn't feel that way. Can you imagine accusing child abuse? It's unbelievable."
Gibian took responsibility for the crimes in written and videotaped confessions to police just hours after the killing, but changed his story on the witness stand, insisting it was his mother who inflicted the fatal blows after she discovered her husband sexually abusing him.
Prosecutors contended that Nager, 51, a retired New York City police officer, was not a sexual predator but a concerned parent faced with a rebellious teenager.
Gibian, the lone defense witness, claimed that on numerous occasions, beginning when he was about 15, Nager got drunk and repeatedly forced him to perform a sex act _ sometimes at gunpoint.
None of the abuse claims were made in Gibian's written and taped confessions.
His mother, Laura Nager, has insisted through her attorney that she was not the killer. She has not been charged with any crime _ although investigators say the case remains an open investigation.
After the sentencing, her lawyer, Steven Wilutis, said prosecutors told him to expect an arrest, although he was not told on what charge. Prosecutor John Scott Prudenti declined to comment, other to say "stay tuned."
A key prosecution witness at the monthlong trial was Gibian's friend Troy "T.J." Harrelson, the son of former New York Mets star and manager Bud Harrelson. The younger Harrelson pleaded guilty to helping Gibian ditch the samurai sword and could face jail time.
