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Kenneth Michaels took the stand in his own defense Thursday morning, during day five of his trial on charges of criminal homicide and possession of a weapon in the shooting death of his brother-in-law and former business partner John Roskowski on Aug. 17, 2023.
Michaels testified that he had been employed by Cable Services, a company begun by his father-in-law off and on for 40 years, 20 of those as CEO.
He described his relationship with Roskowski, who he said he had known for close to 50 years as good and bad.
"There were definitely two sides to John," he said.
Michaels related that his initial run with the company came to a close following a 1996 assault at the hands of Roskowski.
Michaels related that during the incident, he went to Roskowski's office to speak about the business, when unprovoked and without verbal warning, Roskowski approached him and began beating him about the face, at which point Michaels said he blacked out.
"It was a pretty devastating period of time for me. It set me back emotionally and spiritually," Michaels told the jury, adding that the incident left him afraid to be around Roskowski.
Michaels then recounted a second assault, again at Cable Services in October 2021, when he stopped into his son's office, where his and Roskowski's sons were having a discussion.
Shortly after stopping at the office, Michaels said he heard John come in, and greeted him.
Again unprovoked, angry looking Roskowski pushed him through the office door with his left hand and began to strike him with his right, he testified, adding that he had no time to call 911 prior to being hit.
Following the incident, Michaels said he requested a trespass and PFA against Roskowski, the former of which was not received.
It was after this second assault that security measures at the office were enhanced with an employee-only key fob entry system, as well as a buzzer and intercom system.
A notice was also sent to Roskowski's lawyer, notifying him not to be on the property.
Following a buyout of Roskowski's shares in the company, Michaels received a call from Roskowski during which he angrily said he had "sold his soul to the devil."
"Stop "expletive" my son," Roskowski also demanded of Michaels, he testified.
Michaels related that he was surprised by the call because he believed Roskowski had received what he wanted since it was him that had requested the buyout.
Recounting the day before the incident Michaels testified that upon being made aware of Roskowski's presence at the company's fleet building, he headed there to warn Roskowski he was not to be on the property, however he was gone by that point.
"Disappointed and upset," Michaels again relayed to management that Roskowski was not welcomed there.
The next day, Michaels arrived at work around 10:15 a.m., carrying his 9 mm Sig Sauer pistol, which he said he put in his right desk drawer.
A short time later, he was made aware that Roskowski was at the front door, retrieved the handgun and proceeded to the lobby.
He testified that although he did not know why Roskowski was there, he believed it was due to the fleet visit the day before, adding that he did not seem angry or irate before the door was opened.
Michaels then opened the locked door with the intention of stepping outside to try to calm Roskowski down, but was blocked from exiting by Roskowski, who then pushed his way inside, spewing a slew of profanity.
Michaels denied remembering much of what transpired, stating that he was "trying to control the part of me that was scared."
As Roskowski's tirade continued, Michaels said his anxiety "went through the roof" when Roskowski began to take small steps towards him.
"I waited until he was too close to me, and then I drew my weapon and told him to stop," Michaels told the jury, adding that he instructed an office worker to call 911 right away.
At that point, Roskowski's lowered a bit, Michaels said.
"What are you going to do, shoot me," Roskowski said to Michaels before lunging at him, when the shot was fired, Michaels testified.
Asked if he was in fear for his life, Michaels answered affirmatively.
I believed I had to use my weapon," Michaels testified.
After the shot, Roskowski stumbled backwards before falling to the ground, Michaels said.
Asked by defense attorney Edward Rymza if he wanted this to happen, Michaels replied "absolutely not," and said he felt "horrible" upon learning of Roskowski's death.
During a subsequent search of the premises, police would discover a can of mace inside Michaels' desk drawer, which he testified had never used and forgotten about, relating that he purchased it perhaps three years prior.
During his police interview, Michaels had related that "everyone is afraid of John," which, while under direct questioning by Rymza, he stated was not to be taken literally.
"I just meant that anyone that knew John well would know about that other side of him,' Michaels said.
"You would agree with me that at bare minimum, this was an exaggeration," Lycoming County District Attorney Martin Wade asked Michaels, citing extensive testimony from several employees called by both the prosecution and defense, who said they had no fear of Roskowski.
"When you've been abused over a long period of time, and had to worry about your life and your health, you don't look at things the same way as other people do," Michaels responded.
"People that know John know he has a dark side," he continued, adding that several of the employees that testified had limited knowledge of John's history or interactions with him.
Asked about police advice following the March 2023 phone call with Roskowski, Michaels stated that he had been told to "call anytime you need us."
Despite previously testifying to going to fleet building to speak with Roskowski, under cross examination, Michaels stated that before going to the building, he had put his handgun in the center console of his vehicle because he knew Roskowski had left.
Once there, he said he reminded two managers present that Roskowski was not to be on the property and that if they were not comfortable telling him that, to contact 911 or the office.
"I assume you called the police yourself, knowing that a trespass had occurred," Wade asked.
"No, I did not," Michaels responded.
Michaels testified that although he did not carry his pistol often, he had secured it prior to leaving for home the day of the shooting, although he stated it was not done out of a belief that Roskowski would return.
That assertion was challenged by Wade, who displayed Michaels' words from an earlier police interrogation in which he said, "I expected him to show up."
Asked why, if he was in fear for his life, he would approach Roskowski, Michaels testified that he had no reason to assume that Roskowski was angry.
"You couldn't infer from the way he was pressing the buzzer that he was upset," Wade asked, to which Michaels related that he did not recall hearing the buzzer at all that day.
Wade then displayed another portion of Michaels' interrogation in which he had told investigators that a receptionist had told him Roskowski was "upset."
"You don't remember saying that on the day of the shooting when the events were fresh in your mind," Wade asked.
Circling back to the March call, Wade asked why he hadn't simply just called authorities, with Michaels responding that it was one option the police had suggested.
Pressed on the fact that both his personal cell phone and office phone were in the room with him, giving him easy access to dial 911, Michaels stated that he didn't think of it, though he acknowledged that it was an option.
"So instead, you bypassed that option, grabbed your gun and headed down the hallway," Wade asked.
"There was no emergency," Michaels answered.
"There was a trespass, correct," Wade then asked.
Again Michaels responded that there was no emergency, and that he had no reason to believe there might be.
"I needed to go to the door to find out what was going on," he said.
"You knew the door was locked, correct," Wade asked, with Michaels responding in the affirmative.
"And yet you didn't attempt to speak to him through the intercom or call 911," Wade asked, with Michaels again in agreement.
"You said that you felt your life was in danger always when it involved John," Wade said, with Michaels responding, "correct."
"Were you in fear for your life before you went down that hallway," Wade asked.
"No," Michaels responded.
"So you're afraid, but not afraid," Wade stated.
Michaels then explained that although that fear was always present, it had to be controlled since Roskowski was still his family and part owner of the business for some time.
"I always hoped the next encounter with John would be better," he said.
Asked when the emergency started, Michaels related that it was when the door was opened.
"You created that emergency by opening the door," Wade asserted.
"There was no emergency. I was just hoping for the best," Michaels said.
"John had a dark side and it could be explosive," he added.
"Would you agree that knowing that dark side is another good reason not to open that door," Wade asked, to which Michaels responded that it was "sporadic" and dependent on other issues going on in Roskowski's life.
Michaels further related that there were different levels of upset, and he didn't know which level Roskowski was at.
Still, he acknowledged Roskowski's previous actions being the "main reason" for the locks being put on the entry to the office in the first place.
"Despite knowing that, you opened the door anyway," Wade said.
Despite passing his office along the way to the lobby, Michaels admitted that he did not ask Roskowski's son, Adam, for assistance in de-escalating the situation.
He further acknowledged that Roskowski did not have any weapons in his hands and that no physical contact had been made prior to the shooting.
Additionally, Michaels agreed that pulling the trigger was a conscious decision, but stressed that he was not aiming the gun in any particular spot, but merely "pointing it at" Roskowski.
Asked if he considered the fact that firing the gun at Roskowski could result in his death, Michaels related that he had not thought about that.
Wade also impeached Michaels on court testimony that upon being shot, Roskowski stumbled backwards before falling to the ground, displaying another piece of interrogation in which Michaels told authorities that Roskowski had collapsed immediately.
During redirect by Rymza, Michaels stressed that he did not remember the presence of mace in his desk at the time of the shooting, relating that he did not carry mace with him to the degree that he would carry a firearm.
Asked by Wade if he had rendered any aid to Roskowski following the shooting, Michaels answered with a simple, "I didn't."
Closing arguments in the case are expected to begin at 9 a.m. Friday morning.