Andrew gesslein

Andrew Gesslein, seen here being escorted to the Lehigh County Courthouse.

(Lehighvalleylive.com file photo)

A state appeals court has rejected granting a new trial for the Allentown security guard convicted by a jury of shooting to death an unarmed man.

Andrew Gesslein II was convicted by a Lehigh County jury in the fatal shooting of Michael Maurice "O Head" Randolph. Gesslein has maintained he shot Randolph in self-defense in April 2012, after Randolph forced his way into the after-hours North End Republican Club.

Lehigh County Judge Robert Steinberg sentenced Gesslein to five to 10 years in prison for voluntary manslaughter, the lowest possible sentence, then later granted Gesslein a new trial.

The judge said he based his decision to grant a new trial on "truly extraordinary circumstances," arguing that prosecutors did not disprove Gesslein's claim of self-defense beyond a reasonable doubt.

Prosecutors appealed the new trial, arguing the judge placed himself as the "13th juror" in concluding the verdict was against the weight of the evidence.

In a 26-page opinion released Monday, the state Superior Court ruled Gesslein should not have a new trial, but that he should be resentenced and sent the case back to the Lehigh County for that purpose.

"It appears that the trial court improperly undertook the function of the jury, assigning its own weight to the Commonwealth's evidence and its own credibility determinations as to the witnesses' testimony. Further, our review of the record discloses that the trial court's reasons for granting a new trial are not supported by the evidence," the opinion says.

Reached in his office Wednesday afternoon, Steinberg said ethics prevent him from commenting about the case.

"The (court's) decision will not change anyone's opinion about the case," Steinberg said.

Randolph was shot three times in the back. Gesslein claimed Randolph reached for a gun, but authorities found no gun on his 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.

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.

While attorneys waited for the upper court to decide those issues, Gesslein was granted bail but was never able to post the 10 percent of $250,000 and remained in state prison. Judge Kelly Banach ruled he could not use real estate as collateral for the bail.

When Gesslein was granted bail, he told the judge "I am very confident when this goes to trial things are going to come to light that didn't come out the first time."

Sarah Cassi may be reached at scassi@express-times.com. Follow her on Twitter @SarahCassi. Find Allentown news on our Facebook page.