Jury finds Justin Schuback guilty of first-degree murder in killing of Old Forge pizzeria owner Robert Baron

SCRANTON — A jury on Wednesday found Justin Schuback guilty of first-degree murder in the death of restaurateur Robert Baron during an altercation at his Old Forge pizzeria in 2017.

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 argued 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 the verdict, Lackawanna County District Attorney Mark Powell said law enforcement at all levels never gave up on the investigation and their dogged efforts eventually led to cracking the case with cellphone “range-to-tower” data that showed Schuback’s phone at key locations and at key times on Jan. 25-26, 2017. The cell tower data resulted in police searching an area near Pagnotti Park in March 2023 and finding Baron’s remains there. Schuback’s DNA found in Baron’s car also was another key piece of evidence, Powell said.

“Clearly the range-to-tower (cellphone data) is what identified where the remains were. It fits together with all the other evidence that we knew. And certainly the DNA linking him to the vehicle was helpful. But the range-to-tower (data) was the key to the success of finding the remains and proving the case,” Powell said.

Schuback automatically gets a life sentence on the first-degree murder charge, said Lackawanna County Court Judge Terrence Nealon, who presided over the trial.

Schuback faced five counts: first-, second- and third-degree murder, robbery and burglary. The jury of six men and six women also found Schuback guilty of burglary and robbery. The judge ordered a pre-sentencing report regarding the robbery and burglary convictions.

The trial began May 6 and continued over eight days. The jury got the case Tuesday at 12:34 p.m. and deliberated into the late afternoon. Jurors resumed deliberating Wednesday morning. Around 1:50 p.m. Wednesday, the jury reached its verdict. It came after nearly 10½ hours of deliberations over the two days.

The jury on Tuesday asked to review cell tower data and to get clarification on ‘intent.’ They were given the tower data but were not given any further instruction on intent. On Wednesday, the panel asked “to see the photos of the inside of the restaurant during the testimony of (Pennsylvania State Trooper) James Hitchcock.”

The jury was provided with 63 photos of the crime scene that Powell had described in his closing remarks as a “bloodbath.”

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

The prosecution contended Schuback acted alone. Bobby Baron also testified last week that he had no involvement in the killing of his father.

Brown said of the verdict, “We’re just devastated obviously and disappointed.”

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

“We felt like we were able to get his story out,” through evidence presented or other ways, and without having Schuback take the stand. “So we made the decision we made. We felt that because of how we crafted our defense that putting on anything may have taken away from the focus that we wanted to keep on, which was whether or not there was reasonable doubt in the investigation and the prosecution.”

The many hours of deliberation “shows the diligence that they had, that we did have a good jury, the questions they asked, asking for the exhibits,” Brown said. “They feel that they brought justice into the courtroom. And as disappointed and devastated as we are, we do respect their verdict and their decision.”

Prosecutors also charged Schuback with second-degree murder, as a principal or accomplice. This count would have covered whether jurors might have believed someone else was involved and Schuback was an accomplice of that unknown person.

But after the verdict, Powell put to bed any notion of another person having been involved in murdering Baron.

“This case is closed,” Powell said. “There was a murderer on the loose for six years and that caused a lot of concern. People had a lot suspicion. People had a lot of worries and concerns and a lot of rumors were flying. Now this all puts it to rest. We know who did it. He acted alone and he is guilty of first-degree murder.”

As for the Baron family, Powell said, “We’re happy that they have some peace of mind. They’ve been through a great deal and they, too, never gave up searching for their dad. Mr. Baron was the patriarch of that family. We understand and sympathize with their loss and we hope this provides them with a little bit of peace and closure.”

Al Matrone of Clark Summit, who is a cousin of Robert Baron’s widow, Maria Baron, said after the verdict, “Finally, the family gets closure.”

Matrone was among several Baron family members who were in court for the verdict.

“It’s sad, unfortunately. We can’t bring the husband back, the father back,” Matrone said. “Unfortunately, it is what it is. But the verdict, we’re pleased with. They (jurors) did right.”