Jury deliberates Justin Schuback's fate in his trial on charges of killing Old Forge restaurateur Robert Baron

SCRANTON — A jury deliberating whether Justin Schuback killed Old Forge restaurateur Robert Baron during a robbery of his pizzeria in 2017 asked to review records of cell tower data relative to Schuback’s phone that a Federal Bureau of Investigations agent testified about Monday.

The jury of six women and six men got the case Tuesday at 12:34 p.m. after the prosecution and defense gave closing arguments in Lackawanna County Court during the trial with Judge Terrence Nealon presiding.

Deliberations concluded just before 6 p.m. and will continue Wednesday at 9 a.m.

Shortly before leaving for the day, the jury asked for clarification on what constitutes intent. Nealon rejected this — with the prosecution and defense agreeing — saying he could not give further instruction than what jurors already have.

Accused of killing Baron at his Ghigiarelli’s Restaurant late on Jan. 25, 2017, Schuback was arrested March 31, 2023, after a search discovered Baron’s remains near Pagnotti Park. Prosecutors believe Schuback went to Ghigiarelli’s to steal money but didn’t know that Baron, who lived upstairs, was at the pizzeria and the two ended up in a deadly altercation.

After hearing testimony and evidence over the prior six weekdays of the trial, the jury now is deliberating the five counts against Schuback.

The charges to which Schuback has pleaded not guilty include first-, second- and third-degree murder of Baron at his Ghigiarelli’s Restaurant during the incident that occurred late on Jan. 25, 2017 and into early morning hours of the next day, and robbery of cash from Baron and burglary of the pizzeria by entering the closed premises.

In opening and closing arguments and by eliciting testimony during cross-examinations, the defense case by Schuback’s attorney, Bernie Brown, has contended there could have been any of several other people responsible for the killing, including Baron’s son, Bobby Baron.

In his closing argument, Brown said the notion that Schuback alone could have burglarized the pizzeria, got into a deadly altercation with Baron, and then cleaned up the restaurant of all of the blood and removed the body, all in a few hours, is not believable and raises reasonable doubt.

Asking whether the prosecution has proved its case beyond a reasonable doubt, Brown said, “Maybe there’s a possibility Justin Schuback didn’t kill Robert Baron.”

Schuback did not testify in his own defense, as is his right, and the defense did not present any witnesses.

Brown asked jurors to consider whether they “have an honest opinion about the belief that Justin Schuback didn’t kill Robert Baron.” Any conflicting information or testimony raises reasonable doubt, Brown argued, describing that as a ‘wait a minute’ moment.

Brown urged the jury to consider circumstantial evidence carefully, because “It may lead to the wrong person sitting in that defense chair.”

Regarding testimony Monday from FBI Special Agent Michael Sabric on cell tower data that placed Shuback’s phone in the vicinities of key locations and at certain key times, Brown noted Sabric also testified that the cell data did not pinpoint Schuback’s locations and could only provide arcs that encompassed sizable swaths of the borough.

“Close enough isn’t good enough” to convict Schuback, Brown told the jury.

Lackawanna County District Attorney Mark Powell, in his closing remarks, countered that the cell tower and phone information places Schuback near key spots at certain times, including the pizzeria late on Jan. 25, 2017, and the next morning near Pagnotti Park, where Baron’s remains eventually were found. The times that Schuback’s phone were at each location were such that they showed his movements.

“It all fits,” Powell said of all of the evidence.

Calling the bar area of the restaurant a “bloodbath,” Powell contended Schuback had a motive — he was desperate for money for drugs and to pay a debt owed to a drug dealer — and he had an opportunity because Baron kept a lot of cash at the restaurant.

After the killing, Schuback had money to buy drugs, Powell said.

“The man who had no money, no job, all of a sudden was flush with cash,” Powell told the jury.

Schuback’s phone also showed searches the day before the killing on how to commit a robbery, which shows he was planning the burglary and theft, Powell said.

The blood-stain evidence in the bar area of the restaurant showed “a violent, vicious attack” on Baron, Powell said. Schuback also lied to police about never being in Baron’s car, though his DNA was found in the car, along with Baron’s blood.

“He almost got away with murder,” Powell said. “He’s a drug addict, a thief and a liar.”

As for other possible suspects, Powell said, “The defense would like you to believe someone else did it. We brought you everyone else” to testify.

Bobby Baron testified Wednesday he had no involvement in the disappearance and killing of his father.

Powell said prosecutors don’t have proof of an accomplice, “but it would be an accomplice at best. We’re not proving the case against anyone other than the defendant (Schuback).”

“The Baron family deserves closure. Their father was brutally and savagely beaten to death” in his establishment, Powell said. “Law enforcement could not do anything more to solve this crime. The rest, we leave to you.”

At 2:10 p.m., the jury sent a question to the judge asking for the cell tower records from Sabric’s testimony. The jury was provided with Sabric’s report and their deliberations continued.

The jury must consider the five counts against Schuback.

A jury finding that Schuback is guilty of first-degree murder would render the second- and third-degree charges of murder as moot and the jury then would move on to the charges of robbery and burglary.

The elements to convict on the first-degree murder charge would include a finding that Schuback killed Baron with specific intent and with malice.

But if the jury finds Schuback not guilty of first-degree murder, the jury then would consider the charge of second-degree felony murder.

The second-degree murder count charges Schuback as the principal actor or as an accomplice of someone else, at this time unknown, in carrying out the killing. The elements of this charge include that the killing occurred during commission of another felony, which in this case would be robbery or burglary.

A jury finding that Schuback is guilty of second-degree murder would render the third-degree charge as moot, and the jury would move on to consider the robbery and burglary charges.

But if the jury finds him not guilty of second-degree murder, it would then consider the third-degree murder charge. The elements of this crime would include that a defendant killed a victim and did so with malice.

Meanwhile, the elements of the robbery charge include inflicting serious bodily injury on a victim and doing so in the course of committing a theft.

The elements of the burglary charge include that a defendant entered a building to steal and did so while the victim was inside.