SHENANDOAH – A man charged with shooting his son in the face and killing him inside their East Union Township home last month had charges against him held to Schuylkill County Court during a brief preliminary hearing Thursday.
John F. Gustites, 67, appeared before Magisterial District Judge Anthony J. Kilker, Shenandoah, via video conference from the Schuylkill County Prison on charges of murder of the third degree, aggravated assault, recklessly endangering another person and simple assault.
After hearing brief testimony from two law enforcement officers Kilker ruled all charges against Gustites be held for Schuylkill County Court.
Gustites remains in Schuylkill County Prison where he is being held unable to post bail set by on-call Magisterial District Judge David A. Plachko, Port Carbon, at the time of his arraignment.
Gustities is charged with shooting and killing John A. Gustites inside the bedroom of the younger man around 8:30 a.m. Sept. 28 at their 31 Franklin St. home in the village of Sheppton.
East Union Township Police Chief Christopher Dimmick testified he was called to the home around 8 p.m. that day for a report of a shooting. Dimmick told the court he arrived first and was followed by Shenandoah Police officers Lt. Matthew Williams and Patrolman Mindy Parker.
After learning of the shooting from John F. Gustites, Dimmick said he chose to turn the case over to the Pennsylvania State Police at Frackville due to them having the resources needed to conduct a thorough investigation.
Trooper Zachary McDonald, the arresting officer, said he was at the scene and observed the younger Gustites deceased inside his bedroom with a gunshot wound to his face and head.
“The gunshot wound was to the face and head,” McDonald said adding that the bullet that killed the man went through his head and was found lodged inside a bedroom wall.
A subsequent forensic autopsy by forensic pathologist Dr. Wayne Ross in Dauphin County determined the manner of death was homicide and the cause of death was gunshot wound to the face and head.
In paperwork filed with the court McDonald said that in the call to 911 to report the shooting John F. Gustites said his son was deceased inside the home. The man was sitting in a chair on the front porch of the home when Dimmick arrived, the trooper said.
During a three hour interview at the state police barracks McDonald said John F. Gustites said he woke to his son chasing a cat on the second floor of the home and went to his son’s bedroom to retrieve the cat.
At that time McDonald said the elder Gustites reported an argument ensued with his son demanding the keys to a 2014 Nissan Pathfinder.
McDonald said John F. Gustites said he exited the room and went to his bedroom where he got a 357 magnum revolved and returned to his son’s room.
After another argument McDonald said John F. McDonald told him he pulled the hammer on the revolver back and shot his son, heard gurgling and immediately knew his son was deceased.
Throughout the day John F. Gustites said he did not call authorities because he contemplated taking his own life and after watching a religious video made that call.
Dimmick and McDonald were the only two witnesses to take the stand.
Assistant district attorney Karen Noon represented the Commonwealth while John F. Gustites was represented by public defender Kent Watkins.
John F. Gustites will now have to answer to the charges against him in Schuylkill County Court.
Story by Frank Andruscavage / Skook News