Jonathan Sander has been charged in the March 25 shotgun deaths of 3 members of the Mazzella family from N.J. Watch video
WAKE FOREST, N.C. - One day before three members of the Mazzella family were shot to death, a father, mother and son tried to convince a North Carolina judge they were being threatened and stalked by next-door neighbor Jonathan Sander.
"I fear for my life and I fear for my family's life because of this monster that I see in front of my eye," family patriarch Salvatore Mazzella told the judge, according to audio of the hearing newly obtained by NJ Advance Media.
District Court Judge Ned Mangum could not be convinced of a need for legal relief. Mangum declined to issue permanent restraining orders, which would have legally ordered Sander away from the family for one year.
Northern New Jersey transplants Sandy Mazzella, 47, his wife, Stephenie, 43, and mother Elaine Toby Mazzella, 76, were shot to death 33 hours after the hearing.
Sander, 52, was quickly arrested and charged with three counts of capital murder. He is being held without bond in the Wake County Justice Center.
At the outset of the March 24 hearing, Mangum told the family, "This is your opportunity to tell me what evidence there is as to how Jon Sander has been stalking you."
Sandy Mazzella told Mangum he had been Sander's business partner and friend. The two worked together in a landscaping business until things started to unravel about six months earlier.
"He's screamed on my property in front of my face," Sandy Mazzella told the judge. "He's come on my property with a loaded gun."
Deadly end to a strained relationship
Sander was represented by an attorney and did not speak during the 80-minute hearing.
The Mazzellas did not have legal counsel.
Sandy Mazzella said during the hearing that a family dog had gotten loose around September 2015 and attacked Sander's dog.
"Instead of calling the police he came on my property, right on the edge of my garage door, cocked his gun back, completely loaded, and started yelling and screaming like a lunatic. Like a maniac out of control," Sandy Mazzella said. "And my kids have to see this."
"What did he say?" Mangum asked.
"He said, 'I'm gonna kill that f---- dog,' " Mazzella said, adding that the friendship and business partnership was irretrievably broken after the incident.
"God, it's just constant, constant, constant verbal and mental abuse," Mazzella said.
Salvatore Mazzella described an alleged encounter with Sander in a Wake Forest restaurant he said left him in fear.
"I went to talk to him and he started to threaten me," Sal Mazzella said. "He said, 'You don't belong with me and I'm going to send police to your house and they're going to take you out and put you in jail.' "
"So he said he'd call the police on you?" Mangum asked.
Elaine Mazzella, mother of Sandy and wife of Sal, took the stand to show the judge two text messages Sander allegedly sent the family.
"I'll let the police know you're connected," read one text. "If anything happens to me, they're going to be knocking on your door. You're a disgrace to the entire Italian race." Another text read, "You're a liar, just like your son."
Sander's attorney, during cross-examination, suggested the friendship soured not due to alleged threats but because of "an encounter" between Sander, Stephenie Mazzella and Sander's wife, Lori.
"Texts don't lie," Sandy Mazzella shot back, apparently referring to alleged threats.
Mazzella recalled for the judge a chilling text he allegedly received from Sander: "The police can't help you and your father can't help you."
Both the judge and Sander's attorney questioned the Mazzellas about the authenticity of the text messages.
"How do you know that (Sander) is the one who sent you these texts and not some other person?" the judge asked Sandy.
"Because that's his phone number and I'm paying the bill and they're all over his shirts, too," Sandy Mazzella said.
The judge advised Sandy Mazzella throughout the hearing to provide more detail about the alleged threats, and seemed flustered when the landscaper could not.
"This is again going to be the last time I am going to try to help you," Mangum said. "What I'm looking for is (for you) to describe this in detail. Not in general, 'He threatens me.' I don't know any context of that."
911 calls detail horrific scene after shootings
During the hearing, Sander's attorney, Chris Detwiler, asked the judge to dismiss the cases against his client, saying the text messages were "insulting at worst."
"Judge, we haven't heard any threats," Detwiler said. "We have a legitimate purpose to contact the defendants. They have a business relationship. It's wrapping up. There are several issues for which Mr. Sander would have to contact them."
Mangum declined to issue restraining orders, telling the Mazzellas they had not proven a case for relief.
"I can't let your case go forward," Mangum said. "The matter is dismissed by the court. I expect everybody to keep their cool leaving this courtroom."
The next day, about 6 p.m. on March 25, Sander allegedly entered the Mazzella home carrying a Mossberg shotgun and fired at least 10 times, killing Sandy, Stephenie and Elaine Mazzella, according to Wake County law enforcement.
Salvatore Mazzella escaped by fleeing the home and flagging down a passing motorist as the alleged killer fired behind him, authorities said.
A search warrant states Sander admitted to the killings.
Sander's attorney, Alan T. Briones Jr. of Raleigh, N.C., has not returned several calls seeking comment. Mangum could not be reached to comment on this story.
Reached at his office recently, Detwiler expressed condolences to family and friends of the Mazzellas.
"This office no longer represents Mr. Sander in any capacity," the attorney said.
Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.