Utica New York – A homeowner is cleared of charges after he shot and killed two people who broke into his home in May.
Police charged 64-year-old Ronald Stolarczyk with felony criminal possession of a firearm after he shot both intruders with a .38 caliber Rossi revolver, which police say wasn’t registered under current New York state law.
According to the New York State Police, 57-year-old Patricia and 27-year-old Nicholas Talerico, aunt and nephew, were attempting to break in to Stolarczyk’s home located at 6110 Walker Rd. in Deerfield at around 2:40 p.m.
It appeared the intruders were unarmed, according to Oneida County District Attorney Scott McNamara, but Stolarczyk’s attorney, Mark Wolber said his client didn’t have the time to see if whether they were armed before he fired.
Only owning a cell phone with spotty service, Stolarczyk was finally able to call 911 to report the shooting and met them at the end of the property to assist them in finding the scene.
Patricia was pronounced dead at the home, while Nicholas fled the area, leaving his aunt behind. He was able to talk a nearby neighbor into taking him in a private vehicle to St. Elizabeth’s Hospital where he was pronounced dead.
Detectives uncovered evidence that this may have not been the first time the two family members had been inside the victims home. Items were found, “… belonging to Stolarczyk in Nicholas Talerico’s residence along with other possible stolen items,” according to a Tweet by CNYCentral.
District Attorney Scott McNamara told Syracuse.com,
“There is no indication the homeowner had money or drugs.”
The homeowner told investigators the pistol had belonged to his deceased father and Stolarczyk had recently found it among the belongings of the home his parents resided in until they passed away some time before. Stolarczyk said he hadn’t gotten around to registering the firearm under New York State law.
Wolber said he repeatedly asked the court to drop the criminal complaint of owning an illegal firearm, “… in the interest of justice,” and was rewarded for his efforts.
Stolarczyk was finally vindicated on Monday night after Oneida County District Attorney’s office suggested to the judge that he be cleared of any crimes. The judge agreed.
“He’s (Stolarczyk) not a very emotional person but is very happy this is over with.” Wolber told reporters from Syracuse.com.
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