Andrew gesslein

In a rare legal move, a Lehigh County judge has ordered a new trial for an Allentown security guard convicted by a jury of shooting to death an unarmed man.

(Express-Times File Photo)

In a rare legal move, a Lehigh County judge has ordered a new trial for an Allentown security guard convicted by a jury of shooting to death an unarmed man.

In an opinion issued Friday, Judge Robert Steinberg said he decided to grant Andrew Gesslein II a new trial based on "truly extraordinary circumstances," namely that prosecutors did not disprove Gesslein's claim of self-defense beyond a reasonable doubt.

“It is not because of a mere conflict in testimony or because on the same facts this Court would have arrived at a different conclusion. ... Instead, this is a case in which the ‘verdict is so contrary to the evidence as to shock [this Court’s] sense of justice and the award of a new trial is imperative so that right may be given another opportunity to prevail,’” Steinberg wrote.

Assistant District Attorney Steve Luksa plans to appeal Steinberg’s decision to the state Superior Court, spokeswoman Debbie Garlicki said.

Gesslein’s attorney, James Connell, could not immediately be reached for comment about the opinion.

Gesslein has maintained he shot Michael Maurice "O Head" Randolph in self-defense April 29, 2012, after Randolph forced his way into the after-hours North End Republican Club. Randolph was shot three times in the back. Gesslein claimed Randolph reached for a gun, but no gun was found on the body. Gesslein, who worked for the Eye in the Sky security firm, was licensed to carry a gun but was not supposed to be armed for that job.

Steinberg previously sentenced Gesslein to five to 10 years in prison for voluntary manslaughter, the lowest possible sentence.

At that hearing, Steinberg said Randolph bore "some responsibility here."

"Let's not say Michael Randolph was this wonderful citizen, because he's not," Steinberg said.

In the opinion, Steinberg repeatedly references Randolph’s reported aggression the night of the shooting.

“No reasonable person could argue that Michael Randolph was not aggressive in both manner and deed toward Mr. Gesslein. He forced his way into the Club after he directed threats at Mr. Gesslein because he was not permitted admission into the Club,” Steinberg said.

Steinberg also cast doubt that Randolph was unarmed; Gesslein claimed Randolph reached for a gun moments before he was shot but police found no gun on his body

“The most compelling evidence is that no one saw Michael Randolph with a gun with the exception of Mr. Gesslein, and a gun was not recovered. However, even that evidence is diluted by the crowd that surrounded his body and the ease to which the gun could have been removed. Moreover, if he possessed a gun, it was secreted and literally only visible for seconds,” Steinberg wrote.