Suspects in Court for Deadly Home Invasion

October 18, 2010 Updated Oct 18, 2010 at 3:53 PM EDT

By WKBW Programming

October 18, 2010 Updated Oct 18, 2010 at 3:53 PM EDT

MEDINA, NY (WKBW) - Two men face the consequences after committing burglary and assault in Orleans County.

Juan Javier, 17, was arraigned on charges of first-degree burglary at the Village of Medina Courthouse Monday morning.

"On the early morning of July 5th we were called to the home of 106 Mead Avenue and found an elderly man who said several individuals wearing masks broke into his home, beat him and stole his comic book collection," Medina Police Chief Jose Avila said.

Police said Javier was one of those suspects along with forty-one year old Rico Vendetti. Vendetti was a comic book enthusiast from Rochester.
The victim Homer Marciniak was taken to the hospital with non-life threatening injures from the assault but hours later he died of heart failure.

"Our determination was that he did not die as a result of that incident. It was a pre existing condition. That's the determination we came up with," Avila said.

So the men will not be charged with murder but Orleans County District Attorney Joe Cardone said additional charges and arrests are pending.

"Our theory is that Mr. Vendetti who was in the business of selling these comic books, masterminded the entire situation and used others that he had come out here to the Village of Medina to commit this burglary," Cardone said.

Vendetti is out of jail after posting bond of $100,000. He is expected in court mid-week.

Cardone said the case could go before a Grand Jury as early as Thursday.