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Prosecutors Detail Search For Gun In Cadicamo Case

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: October 14, 2008

Updated: 10/14/2008 03:25 pm

TAMPA - A local man charged with involvement in the Gambino organized crime family gave his consent for FBI agents to remove a gun from his house, federal prosecutors say in court documents filed today.

James V. Cadicamo had accused the FBI of illegally searching his house and seizing the gun, and his attorney is asking a judge to prevent prosecutors from using the weapon as evidence against him at his trial.

Cadicamo, 33, of Tampa, was arrested in August along with four other men, who were all charged with participating in a vast racketeering conspiracy under the umbrella of the Gambino crime family. At the same time, John A. "Junior" Gotti was named in a separate, similar indictment handed up by a federal grand jury in Tampa.

In response to Cadicamo's request to suppress the gun as evidence, prosecutors filed a brief giving the FBI's version of what happened Aug. 5, the morning Cadicamo was arrested:

Early that morning, FBI agents went to Cadicamo's home at 13901 Seaforth Manor Way. When they couldn't find Cadicamo there, they called his cell phone.

When first reached, Cadicamo refused to tell the FBI where he was, stating only that he was on his way home. The agent told him that response was "unacceptable," and that Cadicamo had to tell where he was or the agents would be forced to assume he was hiding in his house.

Cadicamo abruptly hung up the phone. A number of similar telephone conversations followed, and Cadicamo repeatedly refused to say where he was.

"Shortly thereafter, a SWAT team of Special Agents gained access to Cadicomo's residence using a special tool that allowed them to breach the front door without significantly damaging the door or its locking mechanism. The agents swept the residence searching for Cadicomo and then exited."

Around that time, Cadicamo drove up in his car. He was stopped and arrested down the street from his house.

Agents walked Cadicamo to his house and asked him whether there were guns inside. He first said yes, then changed his answer to no. Agents said it was unsafe to leave unsecured guns in an empty house and asked permission to go inside and look for the gun.

Cadicamo said no, he didn't want anyone going into his house. The agents said they didn't want to take anything but the gun because it was unsafe to leave it there unsecured. They asked him to go with them inside and tell them where the gun was, and then leave without searching any other areas.

Cadicamo agreed and led several agents inside, up the stairs and to a bedroom. He told them he thought the gun was in a nightstand drawer, but there was no gun there. Then he told them it was elsewhere, then corrected himself and said it was under a small stack of folded clothes.

One of the agents found the gun, and then they immediately took Cadicamo outside.

Elaine Silvestrini can be reached at esilvestrini@tampatrib.com or (813) 259-7837.

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