A Palm Beach County jury has found 46-year-old Brian Canarelli guilty of second-degree murder in the 2021 shooting death of his estranged wife’s fiancé at a Jupiter Farms residence.
The verdict was reached Friday, Sept. 25, after a trial that began earlier in the week. Jurors rejected the more serious first-degree murder charge and instead convicted Canarelli of second-degree murder involving a firearm.
The case dates back to the early morning hours of June 23, 2021, when deputies and Palm Beach County Fire Rescue responded to a home in the 15700 block of 98th Trail North, west of Interstate 95. James “Cole” Berger, 37, was found suffering from multiple gunshot wounds and was pronounced dead at the scene.
Dispute began during a child pickup
According to investigators, Canarelli went to the Jupiter Farms home after his soon-to-be former wife contacted him about picking up their son.
The couple had been married since 2012, but divorce proceedings had been underway since August 2020.
Investigators said Berger and Canarelli became involved in an argument in the driveway. The woman told deputies that she was trying to open the gate so Canarelli could leave with the child when Berger jumped over the gate as the confrontation continued.
She said she then heard a gunshot.
When she went toward the front of the home, Berger had been shot. She began performing CPR and told investigators she heard Canarelli say that he had shot Berger. She did not report seeing the firearm during the shooting.
Berger’s mother, who was also at the residence, provided a different account of what happened after the argument escalated.
She told investigators that she saw Canarelli reach behind his back and pull out a gun before shooting Berger. She said Berger fell to the ground and Canarelli then approached him and fired additional shots.
Investigators found firearm evidence at the scene
Investigators later found six spent 9mm shell casings near the front entrance of the residence.
Canarelli’s Porsche Cayenne was also found parked south of the property, with a pistol visible on the driver’s side floorboard, according to investigators.
The conflicting witness accounts and evidence from the scene became part of the case that ultimately led to the murder charge.
Canarelli was initially charged with first-degree murder in connection with Berger’s death. After the trial, the jury instead returned a guilty verdict on the lesser second-degree murder charge.
A first-degree murder conviction in Florida carries a mandatory life sentence without parole or, in qualifying cases, a death sentence. Canarelli’s second-degree murder conviction with a firearm carries its own mandatory sentencing requirements.
Sentencing has not yet taken place
Circuit Judge John Parnofiello ordered a presentencing investigation before deciding Canarelli’s punishment. The court has scheduled a status check for Oct. 19 at 8:30 a.m., while a final sentencing date remains pending.
Canarelli remains in the Palm Beach County Jail.
The conviction brings a legal conclusion to a case that began with a confrontation at a Jupiter Farms home more than five years ago. Berger, remembered by family and friends as a warm and quiet person, was 37 when he was killed.
