Kenneth Michaels. SUN-GAZETTE FILE PHOTO

The CEO of a local business has failed in his court attempt to have dismissed an open count of homicide that accuses him in the fatal workplace shooting of his brother-in-law.

Lycoming County Judge Ryan M. Tira found the prosecution presented sufficient evidence at a preliminary hearing to support a case on that charge against Kenneth R. Michaels, 68, according to Pennlive.com.

He cited evidence that included that Michaels’ brother-in-law and former business partner, John Roskowski, is dead, and that Michaels killed him, and he did so with specific intent and malice on Aug. 17, 2023. The fatal shooting took place inside the lobby of the Cable Services Company Inc. building in Old Lycoming Township, just north of Williamsport.

The fatal confrontation occurred after Roskowski (who had been permanently banned from the property the previous day) arrived at the building and began ringing the front door buzzer. Michaels, who was the CEO of the company, unlocked the door and shot Roskowski in the abdomen, a shooting that Michaels admits to but maintains he acted in self-defense, claiming Roskowski lunged at him.

Prosecutors have challenged this assertion.

The judge denied several defense requests including an allegation the prosecution has withheld or destroyed evidence, but allowed their refiling as the case proceeds in discovery, according to Pennlive.

First Assistant District Attorney Martin L. Wade is prosecuting the case because District Attorney Thomas A. Marino by court order is barred from being involved due to his prior friendship with Roskowski.

Michaels has been held in the Lycoming County Prison without bail on an open criminal homicide and weapons charges awaiting trial.