Schuback pleads not guilty to Baron murder

Jun. 28—SCRANTON — The man accused of killing Old Forge restaurateur Robert Baron pleaded not guilty Wednesday to charges including first-, second- and third-degree murder.

Justin Schuback, 37, pleaded not guilty to a total of six criminal charges Wednesday in Lackawanna County Court, including to counts of robbery, burglary and theft. If found guilty, two of the murder counts could mean a life sentence.

Prosecutors withdrew a charge of abuse of corpse. District Attorney Mark Powell said the charge was beyond the statute of limitations and could not be pursued.

"Legally, we couldn't pursue it," he said.

Lackawanna County Judge Terrence R. Nealon heard Schuback's plea of not guilty and scheduled dates for future proceedings.

Trial is tentatively slated to begin Jan. 15. That date could be delayed, though Powell and attorney Bernard Brown, who is defending Schuback alongside attorney Jordan Leonard, felt confident January provides enough time to prepare for a jury.

Authorities took Schuback into custody at his Old Forge home late in March. His arrest came more than six years after Baron disappeared Jan. 25, 2017, in front of his restaurant, Ghigiarelli's Pizza.

Police found bones belonging to Baron in March near Pagnotti Park. A subsequent search turned up additional pieces of Baron's remains, authorities said at the time.

Schuback, prosecutors contend, killed Baron after breaking into the restaurant and assaulting him during a robbery. Cell tower data placed Schuback near where Baron vanished, at the restaurant and by Pagnotti Park, police said.

In May, Magisterial District Judge Terrence V. Gallagher found enough evidence against Schuback to warrant a trial.

Each of his three murder counts represent a different element of the killing.

First-degree murder requires that Schuback had an intent to kill. Second-degree murder was brought on the belief he committed the homicide in commission of another felony — burglary and/or robbery. Both of those counts carry a life-sentence.

Third-degree murder, which carries a maximum penalty of 40 years in prison, requires prosecutors prove Schuback killed Baron with malice.

Asked about how the defense will proceed, Brown said he first wants to review the evidence the district attorney's office will provide in discovery, which is due to the defense July 14.

Nealon also noted no conflict exists for him to oversee a trial in which Leonard, once his clerk, is participating.

Nealon said an "unspoken rule" exists in Lackawanna County where judges agree not to oversee cases litigated by former clerks within two years of their leaving. Leonard finished clerking for Nealon around Labor Day in 2020.

After, Leonard worked as an assistant district attorney between September 2020 and May 2022. Powell said Leonard was not involved in the Baron investigation.

Contact the writer: jkohut@timesshamrock.com, 570-348-9100, x5187; @jkohutTT on Twitter.