A Fayette County man was acquitted of criminal homicide Thursday in the asphyxiation death of a Connellsville man during a fight last year.

A jury found Richard "Dickey" Leroy Henry Jr., 37, of Vanderbilt, not guilty of third-degree murder in the death of Eric Todd Fetsco after an altercation between the two at a party on April 19, 2009.

Before the jury's verdict was read, Henry's defense attorney, Brent Peck of Uniontown, turned to Henry's family and friends in the crowded courtroom, put one finger to his lips in a "hush" gesture and said, "No matter what, OK• No matter what."

After Judge Ralph C. Warman read the verdict, however, most in the courtroom burst into tears -- both of joy and of sadness.

"Dickey (Henry) all along has wanted to offer his condolences to (Fetsco's) family," Peck said after the courtroom was cleared. "It was an unfortunate incident. ... The bottom line is, the jury made the right decision."

In his closing arguments, Peck recalled the events leading up to Fetsco's death and argued that anything Henry did on that night was out of self-defense and fear for his own well-being.

Peck recalled the testimony of Kirk Oglevee, a friend who was with Fetsco at the birthday party of Jody Aller in Vanderbilt. Peck said Oglevee testified that it was "usually a bad experience when Eric drinks." According to forensic pathologist Cyril Wecht of Pittsburgh, Fetsco had a 0.263 percent blood-alcohol level when he died. Witnesses testified he had smoked marijuana and snorted morphine and was "ripped" before Henry arrived.

Peck also recalled the testimony of C.J. Bates, Henry's friend who arrived at the party with him. Bates said the two had brought a few 12-packs of beer. Bates said he walked ahead of Henry, sat his 12-pack down and turned around to see three guys "pounding the heck" out of Henry.

In testimony Tuesday, Brandi Alyn Long said she saw Fetsco confront Henry within seconds of Henry's arrival.

"Eric (Fetsco) just said to him: 'What• You don't like me?' " Long testified. "He said it three times."

Peck then recalled the testimony of Aller, 25, who said she witnessed the altercation. She testified she had asked Fetsco to leave the party two or three times and said the fight started shortly after Henry arrived.

"(Aller) saw Dickey turn to the left to leave and, bang," Peck said to the jury, smacking his fist against his open hand. "Then (Henry) fell against the wall, and before he could lift his head up, bang," Peck said, again making the punching motion.

Peck recounted Aller's testimony that the men fell through a coffee table and Fetsco's friends jumped in. Another witness, Walter Turek, described the fight as a "dogpile," Peck told the jury.

As soon as he was able to push himself free, Henry left, Peck said.

In the prosecution's closing arguments, Assistant District Attorney Doug Sepic said all the eyewitnesses gave court testimony that was not consistent with their written and verbal statements to police more than a year earlier.

"They had a year and three months to tailor their story to exactly what the defense needed," Sepic told the jury.

Sepic added that when Henry took the stand Wednesday, he said he didn't want to fight Fetsco because he was scared of him, but he didn't say so on the night of the incident when police interviewed him.

"In police statements, did (Henry) ever say that he was afraid• No," Sepic said. "Only after a year and three months did he come in and tell you those words."

Sepic said Henry could have seen the moment as an opportunity. In his testimony, Henry admitted to learning about an affair between Fetsco and Henry's wife, Lisa, years ago, but said he and his wife had "come to an agreement and left it go at that," two or three years ago.

"Coming face-to-face with the man who had an affair with his wife," Sepic said. "He said he settled the score with his wife, but not Eric (Fetsco)."

Peck asked the jury to imagine themselves in Henry's shoes.

"Just for a moment, put anyone else in that situation. You walk in the door, you are confronted, you try to leave, you get smacked by a big, drunken, high man. Before you could pick your head up, you're hit again. He just defended himself."

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