Murder victim's son takes the stand
SCRANTON — The son of pizzeria owner and murder victim Robert Baron Sr. took the stand Wednesday in the homicide trial of Justin Schuback.
Schuback, accused of killing Baron Sr. on Jan. 25, 2017, was arrested on March 31, 2023, after cellphone technology made it possible for law enforcement to locate Baron Sr.'s body and subsequently arrest Schuback.
Prosecutors believe Schuback attempted to rob Ghigiarelli’s Restaurant, a Old Forge pizzeria which Baron Sr. owned, late on Jan. 25. They believe Schuback didn't know Baron Sr. was at the restaurant at the time of the robbery and the two had an altercation which turned deadly.
The next morning, when he deviated from his routine, Baron's family contacted police and he was declared missing.
On the stand, Robert Baron Jr., who said he is known as "Bobby," told jurors his father was his "role mode," "hero" and "shining star," when questioned by District Attorney Mark Powell.
Baron Jr. said he relapsed into a heroin addiction at the time of his father's disappearance and his father was very concerned about him.
Baron Jr. admitted he had stolen from his family and both his father and mother, Maria Baron, were concerned about his access to money.
But that was only because they worried about his drug use and wanted to keep him safe, Baron Jr. testified. He denied having anything to do with his father's disappearance and death.
When Powell asked him if he felt guilty about anything, Baron Jr. said only about bringing questionable people into his family's life.
He said he believed Schuback was aware of money kept above the restaurant, because he had seen him go upstairs to get cash.
Baron said he had rarely seen Schuback, but just weeks before his father was killed, Schuback stopped by unexpectedly.
"I guess he was staking out the restaurant," Baron Jr. said.
But defense attorney Bernie Brown painted a different picture to jurors.
During Brown's opening statement Monday, he asked jurors to consider other suspects, including Baron Jr. He pointed out inconsistencies in what Baron Jr. told police following his father's disappearance and what he later disclosed.
When the family realized his father was missing on Jan. 26, Baron Jr. did not tell police officers he had a drug problem. He said it was because he didn't want his family to hate him for relapsing.
Baron Jr. also admitted he attempted to buy crack cocaine from Schuback the afternoon of Jan. 25, but Schuback took $50 for the purchase and left without giving him the drug.
He disclosed the drug deal gone bad to police eventually, but withheld the information on the day his father disappeared. Baron Jr. again said he had not wanted to upset his family with news of his relapse.
Also testifying on Wednesday were Pat Boyle and Jason Cistola, who both admitted selling drug at the time of Baron Sr.'s death.
Boyle testified he met Schuback just after midnight on Jan. 26 coming from the area of Ghigiarelli’s Restaurant. At the time Schuback owed him $60 and wanted to buy more heroin, Boyle said.
Boyle said he was in bed, but quickly got dressed to meet Schuback.
"I wanted to strike while the iron was hot, I guess," he said.
Schuback bought ten bags of heroin at $20 per bag, Boyle testified.
His meeting with Schuback on Jan. 26, was "quick and short," he said, unusual because the two usually spent about 15 minutes with each other following a drug deal.
During cross examination, Brown asked Boyle if he knew Baron Sr. kept money at the restaurant.
"Bobby told everybody in the world his dad kept thousands of dollars in a safe because he didn't believe in banks," Boyle said.
Jason Cistola, Baron Jr.'s cousin, testified he sold drugs to Baron Jr. in the days following his father's disappearance.
"I believe he had more money on him than usual," Cistola said.
On cross examination Brown asked Cistola if he had been a suspect in the case. "I believe so," Cistola answered.
The trial continues on Thursday.
