The Curious Case of James Cialella, Jr.: Philadelphia Man Shoots Father in Front of Family for Talking in a Movie

122608_cialella_300A father and son were talking during the playing of the movie The Curious Case of Benjamin Button when James Joseph Cialella Jr., 29, became angry. Many people might sympathize with the complaint but Cailella threw popcorn at the boy and when the father objected he shot the father with a .380-caliber handgun. It was a horrific act in a movie with a tagline; “Life isn’t measured in minutes, but in moments.”

Thankfully, the unnamed father survived and Cialella is charged with attempted murder, aggravated assault, and weapons violations. These cases of violence in theaters often raise questions of the liability of the businesses for failure to monitor or intervene in such confrontations. Obviously, the extreme action taken by this man is hardly foreseeable. However, restaurants, casinos, and movie theaters have been sued for such injuries in the past. However, such criminal acts generally cut off liability as a matter of proximate causation.

For the full story, click here.

16 Responses to “The Curious Case of James Cialella, Jr.: Philadelphia Man Shoots Father in Front of Family for Talking in a Movie”


  1. 1 rafflaw 1, December 28, 2008 at 9:54 am

    Remind me to never go into movie theater in Philly! What will it take for people to control their anger? This shooter should be put away for a long time. I don’t want someone with this kind of anger out on my street. Especially if he has legal or illegal access to a handgun.

  2. 2 mespo727272 1, December 28, 2008 at 10:05 am

    No one would support Cialella’s solution to the rude behavior, but it does point up the general loss of civility in society. When I was young, albeit eons ago, the usher would first politely “shush” you for conversation in the theater, then remove you if you failed to comply. Now I never see an usher, and rude behavior is the order of the day–those ringing cell phones being exhibit A. A little civility goes a long way to lubricating social interaction, and, as JT mentioned in another post, maybe we could profit from that notion on this blog too. This spoken as an offender himself, of course.

  3. 3 jennifer 1, December 28, 2008 at 10:28 am

    It appears the guy doing the shooting was on probation. More proof our legal system and the attorneys are getting people that should be in jail out.

  4. 4 waynebro 1, December 28, 2008 at 12:34 pm

    Stories like this simply serve to reinforce my decision to spend all that money putting in a home theater. Digital Projector, 106 inch retractable screen, Sony surround sound, recliners and no rude patrons.

  5. 5 jennifer 1, December 28, 2008 at 1:08 pm

    Waynebro, or you could support law efforts to keep guys like this in jail. Start with the attorneys getting in front of courts and making things up to get their clients off.

  6. 6 sherry 1, December 28, 2008 at 2:36 pm

    i’m speechless at this one.

  7. 7 waynebro 1, December 28, 2008 at 2:52 pm

    jennifer 1, December 28, 2008 at 1:08 pm

    “Waynebro, or you could support law efforts to keep guys like this in jail. Start with the attorneys getting in front of courts and making things up to get their clients off.”

    Actually they have people to do that now Jennifer.

    They’re called “Prosecutors”.

    Or are you suggesting the removal of American’s right to counsel or a trial?

  8. 8 rafflaw 1, December 28, 2008 at 5:13 pm

    Waynebro,
    Good one. I am always amazed at people who assume that the system sucks when bad guys are on the streets. If the State cannot prove their case, they should be on the streets. If the prosecutors have too much power, many more innocent people would end up in jail.

  9. 9 mespo727272 1, December 28, 2008 at 9:31 pm

    jennifer:

    “Start with the attorneys getting in front of courts and making things up to get their clients off.”

    ****************

    You have a keen grasp of the system. Why, one time,I made up an imaginary witness who gave my client an alibi and won the case. The prosecutor genuflected at my feet — at the feat I conjured up — and the Judge played the kazoo as we left court. On another occasion I just said “abracadabra” and the charge just disappeared! No one ever tests what we say anyway. That right to cross-examination by the prosecutor and rebuttal witnesses are just left-wing myths to dupe those persons like you who have the answers despite never attending a trial. Jennifer, how’s things in Wonderland?

  10. 10 steve 1, December 31, 2008 at 3:38 pm

    I’m pretty sure the newspaper completely botched the story or interviewed the wrong guy. I talked to someone who was at the theater and they said Cialella was trying to break up a fight and a bunch of people started beating up him and the girl he was with before be pulled out his gun.

    I also heard, but can’t confirm it yet, that all charges were dropped today.

    I really despise the media sometimes, lol.

  11. 11 jake santini 1, July 15, 2011 at 8:44 pm

    james is the nicest person i no he studies the bible wit me all the time i work for em at jimmies waterice south philly front an wolf its heavinly


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