Ronald A. Kozak went home Thursday a free man, as a Schuylkill County jury decided he acted in self-defense when he fatally shot his neighbor in January.

The jury of seven women and five men deliberated less than 1½ hours before finding Kozak, 67, of Shenandoah Heights, not guilty of first- and third-degree murder, voluntary manslaughter, involuntary manslaughter, criminal trespass, simple assault, recklessly endangering another person and two counts of aggravated assault in the death of Joseph Boris.

"I'm glad it's over. It's been a long ordeal for the Kozak family," Frederick J. Fanelli, Pottsville, Kozak's main lawyer, said after the verdict. "They couldn't have gotten a better Christmas present than with this verdict."

Kozak, a former West Mahanoy Township supervisor, hugged his wife and patted Fanelli on the back after the verdict, while many of his friends in the courtroom clapped and Fanelli thanked the jurors.

The verdict capped a four-day trial, over which Judge Jacqueline L. Russell presided, that was highlighted by Kozak's self-defense claim and varying testimony from his wife and the deceased man's widow.

State police at Frackville alleged Kozak shot Boris, 60, once in the chest with a Taurus 380 semi-automatic handgun about 11:30 a.m. Jan. 18 in the driveway of Boris' 525 Indiana Ave. home. Boris died at the scene.

Police said there was long-standing enmity between the Boris and Kozak families, while the defense alleged they had patched up their differences and Joseph Boris started the fatal quarrel that day when he tore down part of a fence between the properties.

In her closing argument, District Attorney Christine A. Holman, who prosecuted the case with the assistance of First Assistant District Attorney Maria T. Casey, emphasized the result of the incident.

"How can we forget, though, that there is a man dead?" she said.

Boris died because the Kozaks were spoiling for a fight, Holman said. Otherwise, she said, the Kozaks would have called after seeing the damage to the fence.

"They could have very easily made a call," Holman said of the Kozaks. "Confrontation is what they wanted."

Although Kozak said the Borises' garage door was closed, it had to have been open or he could not have seen their car, as he testified he did, Holman said.

Holman questioned Kozak's claims that Boris pulled him into and then pushed him out of the garage, got on top of him, threw the brick and then spun him around. She said Kozak was six inches taller and 75 pounds heavier than Boris.

She also said Kozak claimed to have been injured and had a buzzing in his ear, yet he said he was able to hear Boris grunting during the fight and then asking his wife to get his gun.

"There are some things he can hear and some things he can't hear," Holman said of Kozak.

Kozak had only a small cut and a small bit of dried blood on him after killing Boris, Holman said.

She said Boris was unarmed when Kozak shot him, that the defendant never saw any gun except his own and that all the victim wanted to do was get the Kozaks off his property.

"He was at his home, his sanctuary, his safety base," Holman said of Boris. "There is no evidence of a beating or a pummeling. This was a tragedy that didn't have to occur. (Kozak) should have just stayed home."

However, jurors accepted the closing argument of Fanelli, who was assisted by Eric M. Prock, Pottsville, in defending Kozak, that his client was suddenly attacked and had no choice but to shoot Boris.

Fanelli criticized the investigation by the state police, especially Trooper Edward J. Lizewski, the prosecuting officer. He said some objects, most notably Boris' cellphone and a gasoline can, had been moved, which never should occur at a crime scene and violated proper police procedure.

"Trooper Lizewski never investigated the self-defense aspects of this case," Fanelli said. "This crime scene was trampled."

Furthermore, police failed to document interviews they conducted, test Kozak's coat for bloodstains or measure relevant distances at the crime scene, according to Fanelli.

"They don't know," he said. "They never checked."

He also said the evidence showed his client was injured in the fight.

"The man was hit in the head with a brick," Fanelli said. "There was still blood in that driveway, Ron Kozak's blood. The DNA shows that was Mr. Kozak's blood."

He said Denise Boris, Joseph's wife, never told the Kozaks not to enter their property, and the quarrel between the families had ended.

Fanelli also said Joseph Boris was angry that day and tore down part of a fence that had been built to keep the Kozaks' pets from leaving their property.

He said Boris started the fight when the Kozaks arrived at his house to discuss the fence. That fight surprised Kozak, who never expected such hostility.

"He's never seen this before" from Boris, Fanelli said. Boris grabbed Kozak, pulled him into the garage, pushed him out, hit him with the brick and then threw that brick at him, according to Fanelli.

Fanelli said Kozak shot Boris only after the latter asked his wife to get his gun and when all alternatives had been exhausted, a clear case of self-defense.

"This man was going to be beaten to death," Fanelli said of his client.

Holman expressed disappointment with the result, especially as it concerned the widow.

"We put on the best case we had. We put all of our evidence forward," Holman said. "Mrs. Boris, I think, has lost faith in the legal system."

pbortner@republicanherald.com

Defendant: Ronald A. Kozak

Age: 67

Residence: Shenandoah Heights

Verdict: Not guilty of first- and third-degree murder, voluntary manslaughter, involuntary manslaughter, criminal trespass, simple assault, recklessly endangering another person and two counts of aggravated assault