Suspect in Spring Brook Twp. shooting can stand trial for homicide

Oct. 7—SCRANTON — Nearly an hour had passed since Evan Daniel Wasko asked for a lawyer, ending a June interview at the Dunmore state police barracks.

Then, the 18-year-old suspected of shooting and killing a teen outside a Spring Brook Twp. drinking party scrawled four words on a piece of paper troopers gave him and held it up to the room's security camera.

"Come talk to me," read the message shown in court Thursday.

After a 1 1/2 -hour preliminary hearing, Magisterial District Judge Laura Turlip found Lackawanna County prosecutors presented enough evidence for Wasko to stand trial for 17-year-old Joseph Roberson's death. District Attorney Mark Powell said his office plans to prove first-degree murder at trial, which carries a life sentence.

"It's a senseless murder," he said.

Wasko's attorney, Robert Saurman of Stroudsburg, said the shooting was "a horrible tragedy" but not an intentional killing. Intent is key in proving first-degree murder.

"There's no reason — no animosity, no history," between Wasko and Roberson, Saurman said.

He added the Wasko family feels sorrow for Roberson's family.

State police charged Wasko, 1046 Pear St., Apt. 5D, with criminal homicide and other counts June 23, accusing him of fatally shooting Roberson outside 71 Bowens Road around midnight June 18.

Troopers said Wasko and three others, including co-defendant, Liam Patrick O'Malley, drove toward the residence to confront a party-goer. Rather than find that person, Roberson and O'Malley ended up struggling over a pepper ball gun O'Malley pointed toward him. Wasko shot Roberson in the head, authorities said.

An autopsy recovered a .32-caliber round from the teen's head, Coroner Tim Rowland testified under questioning from Deputy District Attorney Brian Gallagher. Rowland ruled the death a homicide.

Trooper Ryan Kearney testified the markings on the projectile matched those on rounds test fired from the suspected murder weapon. The weapon was loaded with .32-caliber rounds that matched a spent casing investigators found on the bloody pavement of Bowens Road.

O'Malley, also 18, 2616 N. Main Ave., is awaiting trial after waiving his right to a preliminary hearing last month for counts including terroristic threats and firearms charges.

Party-goers told state police a Chrysler pulled up shortly before the shooting. One attendee knew the driver and identified him, investigators said. State police said Wasko, O'Malley and two cooperating witnesses occupied the vehicle.

State police identified the Chrysler's owner and searched the vehicle. Inside, a receipt for several bottles of alcohol purchased at 10 p.m. June 17 pointed investigators to the Fine Wine & Good Spirits store on Meadow Avenue.

That led investigators to O'Malley, who acknowledged he was at the store but blacked out from drinking that evening. He only remembered waking up at a hotel room in Dunmore, which Kearney testified he surmised was the Sleep Inn & Suites.

Surveillance footage from the hotel showed Wasko was part of the group that left the hotel in the Chrysler around 11:30 p.m. the night of the killing. They planned to go beat up a party-goer, state police learned. O'Malley grabbed a .32-caliber silver and black handgun he was known to carry but Wasko took it, claiming O'Malley was drunk and Wasko was not.

Others who were in the Chrysler told investigators Wasko shot Roberson, Trooper Gregory Allen testified.

When Wasko sat for his interview, the investigator presented that information but Wasko denied involvement and asked for a lawyer.

That ended the interview, Allen testified, but Wasko had been given a piece of paper and a marker to write down questions or concerns, Allen testified. Under cross-examination from Saurman, Allen said Wasko was not provided with information on how to get an attorney and did not make a phone call.

Wasko sat for about 45 minutes before he wrote on the paper he needed to use the restroom. Not long after, he wrote on the note he was ready to talk. State police read him his rights again and Wasko admitted he fired the fatal shot "but he did not mean it," Allen testified.

The exchange may come under scrutiny as the case nears trial, said attorney Al Flora, the former chief public defender of Luzerne County. Flora is not involved in the case.

As soon as Wasko invoked his right to counsel, everything should have stopped, Flora said.

"The way I look at it, that's a ploy," Flora said of the tactic of leaving Wasko with note paper.

Saurman said they will investigate "every avenue" of defense.

"We'll get the discovery, I'll look at it very carefully and do a very thorough review of the laws that exist," he said.

Powell said Allen followed proper protocol.

Wasko ultimately told state police the weapon had been buried near Lake Scranton. Surveillance footage collected from Ace Hardware on North Keyser Avenue showed O'Malley, Wasko and an unidentified third person buying shovels roughly 14 hours after the shooting.

With O'Malley's guidance, and later with the use of a metal detector, investigators found the gun buried under 6 inches of dirt in a forest off state Route 307, wrapped in a white cloth. A rock marked the location.

Wasko is scheduled to appear in Common Pleas Court next month.

Wasko and O'Malley remain jailed at the Lackawanna County Prison. Wasko is denied bail. O'Malley is locked up on $250,000 bail.

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