Almeida, then age 20, went with a friend to Higgy's bar and restaurant and ordered a pitcher of beer. The manager Frank Ingargiola, knocked a glass of beer out of Almeida's hand and demanded to see identification. The friend persuaded Almeida to leave but spent an hour and a half trying to dissuade him from taking revenge. Almeida told another friend he intended to shoot Ingargiola. Early the next morning, Ingargiola's body was found near Higgy's, dead of a gunshot wound. Almeida was tried and found guilty, and the jury recommended the death penalty 7-to-5. This is his direct appeal.