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Kenneth Michaels, 66, will remain behind bars as he awaits trial for the shooting death of his brother-in-law, John Roskowski, in the lobby of Cable Services Co. in Old Lycoming Township, where Michaels was CEO, on Aug. 17, Judge Ryan Tira said in a written ruling Tuesday.
Tira found that it is "substantially more likely than not that the defendant has committed an offense that could result in a life sentence."
The ruling comes four months after Tira heard two days of arguments from the prosecution and defense, which was then supplemented by legal briefs.
Noting that the issue of whether Michaels shot Roskowski is not in dispute, Tira based his ruling on the question of whether Michaels intended to kill Roskowski.
To that end, Tira, citing testimony and evidence offered by prosecutors, ruled that "the defendant's actions on Aug. 17, 2023, were substantially more likely than not willful, deliberate and premeditated."
Despite telling police that he feared Roskowski due to what Michaels alleges was his volatile nature, Tira's ruling stated it was "more likely than not that the defendant did not actually believe he was in danger of death or serious bodily injury," pointing out that Michaels was safely behind a door that could only be entered through a passkey or the opening of the door from someone on the other side, which Michaels did.
On the day before the shooting, Roskowski, a former owner who's father started the business in the mid-1960s, visited the company where his vehicle was being worked on, according to court documents and, upon learning of his visit, Michaels informed staff that Roskowski was not welcome on the property anymore and to call 911.
The next day, Roskowski returned and was informed he was not allowed on company property, then went to the main office to confront Michaels.
After being made aware of Roskowski's presence, Michaels retrieved a loaded Sig Sauer 9mm handgun from his desk, concealing it in his pants pocket, according to police reports.
He indicated to police that he had previously purchased the gun "for accuracy" and had brought it to work with him that day, despite already having a pistol within a safe in his office, Tira's ruling said.
A can of mace was also in his desk drawer, and Michaels failed to call 911 as he had previously directed his staff to do, the order said, rejecting the defense notion that Michaels' actions were "indicative of the state of mind not of a man looking for a reason to shoot someone but rather of a man who was simply attempting to deescalate the situation and tragically killed the decedent in self-defense."
An administrative assistant testified in November that, after leaving her desk to inform Michaels that Roskowski was at the front door, she did not hear Michaels raise his voice or issue any threats of physical violence during the ensuing argument, but had heard Roskowski refer to Michaels as a "coward" repeatedly.
Michaels told police that he shot Roskowski only after Roskowski had "lunged" at him, though photographs were presented at the bail hearing showing that Roskowski fell only feet inside the door after being shot.
Michaels will remain incarcerated at the Lycoming County Prison on charges of homicide and possession of an instrument of crime.
Calls to his attorney were unreturned as of press time.
No trial date has been set.