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The courtroom of Lycoming County President Judge Eric Linhardt was packed as the trial for Kenneth Richard Michaels got underway Thursday morning.
Michaels faces charges of criminal homicide and possession of a weapon, and a jury of eight women and four men will decide if Michaels was justified in the August 2023 shooting death of his brother-in-law and former business partner, John Michael Roskowski at Cable Services, 2113 Marydale Ave.
While the fact that Michaels pulled the trigger is not in contention, the motive for the shootings is, as Michaels maintains it was an act of self defense.
Referencing the classic television sitcom Cheers' theme song, First Assistant District Attorney Martin Wade told the jury in his opening statement, that Cable Services was a special place for Roskowski, whose father founded the business in the 1960's.
The business then went on to be managed by Roskowski, before moving into the hands of Michaels.
"There were significant tensions" between Michaels and Roskowski, Wade said, including a 2021 physical assault in which Roskowski was cited after he slapped Michaels, knocking the glasses from his face.
Still, Roskowski was free to visit the business until Aug. 16, 2023, when he arrived at the carrier fleet building to schedule an oil change.
Upon finding out about the visit, Michaels reprimanded the staff and informed them that Roskowski was not allowed on the premises, and if he was seen, to contact 911 or himself, Wade told the jury.
With no knowledge of his ban, Roskowski visited the shop the following day to speak with his son, Jeremy, who was the vice-president of the company.
Told by staff of Michaels' directives, Roskowski drove up to the main building and rang the doorbell.
"That's it," Wade said.
Describing Roskowski as an overweight man in poor health, fitted with a colostomy bag, Wade stressed that he had no way to gain entry into the building without being let in, and was not in possession of a weapon.
After being made aware of Roskowski's presence by a receptionist, Michaels retrieved a Sig Sauer 9mm with a gold barrel and trigger from his desk drawer and proceeded to the lobby.
That firearm was brought to the office that day specifically because Michaels anticipated Roskowski's return, Wade told the jury.
"He didn't call 911, he didn't call for assistance, he just grabbed the gun," Wade said.
"He didn't speak to him through the intercom, he opened the front door, and John Roskowski gave him a piece of his mind," he told the jury.
"What followed was a parade of insults, but no threats, and he did not have a weapon on him," Wade stressed.
Though no physical contact occurred, Michaels then shot Roskowski from two to three feet away, Wade said.
"As Mr. Roskowski lay there, slipping in and out of consciousness, basically bleeding to death, the defendant did not perform CPR or any lifesaving measures. He simply walked back to his office," Wade said.
"The evidence in this case is going to establish that the defendant had a longstanding resentment of John Roskowski, that the defendant set up security measures to prevent such an incident from happening and then ignored them, instead, choosing a path of violence," Wade told the jury.
"The evidence will show that Mr. Roskowski was unarmed and of no threat and that the defendant brought the handgun with him that day specifically because he anticipated Mr. Roskowski returning to the business," the ADA said.
"The defendant in this case, Kenneth Michaels did not shoot John Roskowski because his life was in danger. He did it because he wanted to," Wade told the jury.
"Ken Michaels did not go looking for John Roskowski. John Roskowski went looking for Ken Michaels," defense attorney Edward Rymza told the jury in his opening statement.
"Until these charges, Kenneth Michaels has never been in trouble a day in his life," he stressed to the jury.
"On that day, the worst day in his life, he didn't want to hurt anyone, let alone John Roskowski, a family member," Rymza said.
The evidence, Rymza said, would paint a different story than that offered by the commonwealth.
"At the end of the trial,the evidence will show that the word "murder" does not belong anywhere near Kenneth Michaels' name," he said.
Roskowski showed up to the business that day uninvited and with no legal reason to be there, Rymza said, adding that he was neither a stakeholder or an employee.
When told to leave, Roskowski became irate.
"The evidence will show that he was a man out of control," the defense attorney said.
He held the doorbell buzzer for more than a minute, demanding to be let in, Rymza said.
Acknowledging that Michaels had retrieved the firearm, Rymza stressed that he was licensed to carry.
"He opened the door, hoping to speak with John and diffuse the situation, but John, who was a large man, precluded him from doing so and pushed his way into the lobby," he said.
Michaels then backed up and ordered him to leave, which Roskowski refused.
As the fighting intensified, heard by those in offices 80 feet away, Michaels still did not reveal the firearm until Roskowski took a step towards him, Rymza said.
Noting the size of the lobby to be roughly 14×14, Rymza said that a step or two suddenly becomes very close.
"When he got too close, Mr. Michaels told him to stop and pulled out his firearm," the defense attorney said.
It was at that point that Roskowski asked, "what are you going to do, shoot me," and "moved swiftly" towards Michaels, and with no time to think, Michaels shot him once, Rymza said.
"One shot, not two, not five. He didn't empty the rounds into him," Rymza stressed.
"This is not the conduct of a killer. It is that of a frightened man in immediate threat," he told the jury.
"John made every choice that day, to come to the business, to advance inside. He was irate. He was impulsive, and he chose to stay there and to approach Mr. Michaels" Rymza said.
"Ken made one choice, to live, to defend himself," he told the jury.
A long-time employee of Cable Services called to testify by Deputy Assistant Attorney Phoebe Yates stated that a security system at the office, including a key card/fob entry system and a buzzer intercom installed in 2017 was changed due to Michaels' concerns about Roskowski in 2021.
The system was previously set to automatically lock only during the hours the office was closed, however, the new protocol required card/fob entry around the clock.
Asked by defense co-counsel Michael Rudinski if he was aware that Michaels was afraid of Roskowski, the employee acknowledged that he was.
Police footage taken during the investigation and displayed for the jury showed that the buzzer system could be disabled, however, by pressing the "talk" button located at the receptionist's desk.
An employee who was in the office the day of the shooting testified that it was a normal day until Roskowski arrived.
That employee stated upon Roskowski ringing the doorbell, Michaels opened the door and told him to "get the Hell out of here."
It was then that Roskowski began to hurl a slew of insults at Michaels, calling him a "slimy mother-expletive," and a "coward," she said.
"If you have something to say, say it to my face. Don't have your wife tell me," Roskowski said, according to the witness.
The witness then heard Michaels tell a secretary to call 911, followed shortly by a gunshot, she testified.
She then became emotional as she recounted hearing Roskowski call out "I'm dying, I'm dying" as he lay on the floor.
Police body camera footage displayed in court showed Roskowski lying on his left side, his son by his side.
"Come on, dad, come on, buddy," he is heard saying.
"That's my expletive dad. I don't know why he shot him," he then said to police.
An EMS worker who responded to the scene testified that Roskowski had no pulse and was not breathing when emergency personnel arrived.
Day two of the trial is set to begin at 9 a.m. on Tuesday.