A man in the house had possible gunshot residue on his hands and several witnesses struck deals with prosecutors.
Those factors raised enough doubt to persuade a jury to acquit Talon Perozich on all counts related to a 2013 shotgun slaying at a home in McKeesport, his attorney said Monday.
Perozich, 22, of White Oak could have received the death penalty on charges that he broke into the home of Brian Cook in June 2013 and fired a shotgun at Cook and his girlfriend, Stephanie Pavlovic, while they slept. Cook was killed, and Pavlovic lost several fingers on her right hand.
Prosecutors said Perozich shot the couple because he was angry over $230 Cook owed him for marijuana, but defense attorney Lee Rothman raised the possibility that a guest of Cook's, Kaleel Herring, was friendly with two other witnesses against Perozich and had chemicals on his hands that could have been residue from gunpowder.
The jury deliberated for a total of about eight hours Friday and Monday before delivering “not guilty” verdicts on charges of homicide, attempted homicide, aggravated assault and reckless endangerment.
Friends and family of Cook and Pavlovic sobbed quietly in Judge Kevin Sasinoski's court as the verdict was read. Perozich stood and hugged Rothman. Both families declined to comment after the verdict.
“I never thought this should have been a death penalty case to begin with,” said Rothman. “It's very rewarding to hear a jury go from the death penalty to ‘not guilty' across the board.”
The five female and seven male jurors did not comment about their decision. Rothman said several told him he succeeded in raising the possibility that someone other than Perozich shot Cook and Pavlovic.
Neither Assistant District Attorney Janet Necessary nor the District Attorney's Office would comment.
In closing arguments Thursday, Rothman told jurors that some of the witnesses, including Pavlovic, had reason to lie about Perozich being the shooter.
Pavlovic testified that she did not get a clear look at the man who entered her bedroom and began shooting, but recognized him — based on his build and how he stood — as Perozich, who had been texting her about Cook's drug debt. She told 911 dispatchers she didn't know who shot her, but identified Perozich to medics who loaded her into an ambulance.
Anthony Doratio and Shane Henry, who said they were with Perozich the night of the shooting, cut deals with prosecutors, Rothman said. Court records show no charges were filed against either man related to the shooting. Jason Stine, who testified that Perozich confessed to him and asked him to help tattoo a shotgun on his arm while they were in prison, also cut a deal.
Rothman suggested that Henry and Doratio had a friendly relationship with Herring, who was staying with Cook and Pavlovic.
When investigators checked his hands, Herring tested positive for lead and antimony, which together with barium typically are a sign that someone recently fired a gun, Rothman said. Herring had time to get rid of his shirt and shoes before police arrived, Rothman said.
Necessary said the shooting was about respect, not money. She questioned Rothman's “anybody but Talon” defense, as she called it.
Henry and Doratio went to police before investigators knew to talk to them, she said. They admitted to being with Perozich on the night of the killing, and Doratio corroborated his story when he led police to the cemetery where Perozich abandoned his shirt, she said.
“The evidence clearly shows that the defendant was the one who committed this crime,” Necessary said. “He took his friends with him, and he used this shotgun.”
She picked up the gun and racked it five times in her closing argument. “That is the sound of first-degree murder.”
Perozich remained in custody Monday afternoon because he had a separate firearms charge pending against him. Rothman said he would request dismissal of that charge.
Elizabeth Behrman and Matthew Santoni are Trib Total Media staff writers. Reach Behrman at 412-320-7886 or lbehrman@tribweb.com. Reach Santoni at 412-391-0927 or msantoni@tribweb.com.
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