Amuso was also charged with conspiracy to murder and attempted murder of Joseph Martinelli. Martinelli was the owner of a large concrete company who made substantial payoffs to the Luchese family. At one point when Martinelli fell behind, Amuso and Casso told Chiodo to make sure Martinelli resumed his payments. According to Chiodo, Martinelli told him that business was slow and that he was unable to make the payments. Several months later, after Martinelli failed to heed Chiodo's requests, Chiodo met with Amuso and Casso and asked them to be patient. [**12] Casso told Chiodo, "What's the matter with you? Don't you know we want this guy clipped?" When Chiodo responded that he was not aware of that plan, Casso said, "Maybe his partner will get the message after we clip him." Thereafter, Martinelli accompanied Chiodo on a trip to Staten Island, purportedly to attend a secret meeting with Amuso who was by this time a fugitive from the Windows case. Chiodo testified that he pulled over to the side of the road, "pulled out a pistol . . . leaned into the passenger door and . . . squeezed the trigger four or five times." The gun did not fire because, as Chiodo later discovered, the magazine was not properly installed. Chiodo explained the incident to Martinelli as a joke using a realistic toy gun. Martinelli accepted the explanation.