Andrew gesslein

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

(Express-Times File Photo)

An Allentown security guard convicted by a jury of shooting to death an unarmed man has been granted bail while his case is under appeal.

Lehigh County Judge Kelly Banach this afternoon sided with Andrew Gesslein II's argument that he deserves an opportunity to be set free. She set bail today at 10 percent of $250,000.

Gesslein was sentenced to five to 10 years in prison for voluntary manslaughter in the fatal shooting of Michael Maurice "O Head" Randolph. Gesslein will now return to state prison until bail is posted.

Prosecutors, city police detectives and Randolph's family looked glum as they left the courtroom following Banach's decision.

"I do think the judge was out of line," Randolph's mother, Michelle Randolph, said after the hearing, referring to Judge Robert Steinberg, who presided over the trial and ruled that Gesslein should receive a new trial. "We want justice. ... I'm just surprised we're still here."

Assistant District Attorney Steve Luksa said it's a difficult situation for Randolph's family, who are put on an emotional roller coaster every time they come to court.

"It reopens old wounds," Luksa said.

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.

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

Judge put onus on victim

Steinberg 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 November, Steinberg granted Gesslein a new trial based on "truly extraordinary circumstances," namely that prosecutors did not disprove Gesslein's claim of self-defense beyond a reasonable doubt.

Luksa appealed Steinberg's decision to the state Superior Court as well as appealing a request for Steinberg to recuse himself from the case, which the judge had denied.

While attorneys wait for the court to decide those issues, Gesslein asked for bail.

"The Commonwealth's position is rather succinct -- we believe that bail should be denied," Luksa said today.

Murky case status complicates bail

What followed were legal arguments akin to the question of what came first, the chicken or the egg. In this case, Luksa and the judge argued whether Gesslein's request was a post-sentence motion or a pre-trial one.

Luksa argued since Gesslein's sentence was more than two years in prison, legal rules state he has no right to bail.

Banach said that after the sentencing Gesslein was granted a new trial by Steinberg, so his case could be considered to be pre-trial, meaning there would be different rules for bail.

But Luksa said until the Superior Court decides the appeals, the jury's verdict stands.

"The appeal maintains the status quo and the status quo is guilty," Luksa said.

Since Steinberg vacated the verdict, "a new trial is status quo," Banach said.

Defense attorney James Connell said "my client, quite frankly, is in limbo."

Connell said his 44-year-old client was previously free on bail and appeared at every court hearing.

Defense: New information will 'come to light'

When asked if he would appear in court in the future knowing that he faces going back to prison, Gesslein said, "I am very confident when this goes to trial things are going to come to light that didn't come out the first time."

Banach said she was first and foremost mindful that someone was dead and the death was the result of a shooting, but also had to take into consideration Steinberg's decision that the jury's verdict went against the weight of the evidence at trial.

Banach said it would be fair that Gesslein be given the opportunity for bail again.