The complex investigation into the double-fatal shooting of two attempted burglary suspects by a Deerfield homeowner continues to challenge prosecutors seeking to balance justice with a grieving family and justified homeowner.
Oneida County District Attorney, Scott McNamara, says homeowner Ronald Stolarczyk isn't being held against his will in the Oneida County Jail for allegedly killing the two with an illegally-possessed handgun.
"The problem is, he does not want to be released at this point, because he doesn't have a home, his home was condemned," said McNamara, adding that Stolarczyk is also being treated for a potentially fatal leg infection.
McNamara points out that Stolarczyk didn't buy the gun illegally on the street in order to commit a crime with it; he failed to get a gun license and register his father's gun once his father died.
"No prior issues with him, no prior criminal behavior, he's a law abiding citizen minding his own business and put into a situation where he's forced to defend himself. This isn't the kind of guy that we're going to send to jail. I'm not even sure he'll end up with a criminal conviction on this," said McNamara.
The investigation is ongoing. Also still pending-what to do about the girlfriend of the deceased Nicholas Talerico. McNamara says she acknowledges driving Talerico and his aunt, Patricia Anne Talerico, to Stolarczyk's home on Tuesday. However, she is also providing valuable information to his office, which might help verify that the two killings were justified.
"At this point in time, that individual is cooperating with us, that individual has provided us with a lot of information, especially prior acts of Nicholas that do corroborate Mr. Stolarczyk's version that his house has previously been broken into and items taken. She also consented to us recovering numerous items," said McNamara. "I don't have any present intentions on charging her because we need her to cooperate and continue to cooperate with us when we have questions. If we charge her, we lose a witness and we lose her cooperation. Right now, I think it's important to get to the bottom of the two deaths, instead of concentrating on whether or not she's an accomplice to a burglary."
McNamara has the preliminary autopsy reports in the case, and says they corroborate what homeowner Stolarczyk said-that the two were coming at him when he shot them.
Stolarczyk is scheduled for a felony hearing in Deerfield Town Court Monday, but McNamara expects it will not take place.