Man goes on trial in fatal shooting

The question for the jury is whether he fired in self-defense or in cold blood.

Schuster faces murder and attempted murder charges in connection with the Jan. 22, 2006, slaying of JonMichael Ginoulias. Schuster also fired shots at two other teens during the fight outside his home on the 1300 block of Windyriver Court, near Charleston and Rampart boulevards.

The fight started that morning after the girlfriend of Schuster’s brother noticed one of her tires had been flattened with a pair of pliers. The brother, Mark Strycharz, had called police the night before because of a loud party next door, which had a history of hosting parties with dozens of teens.

Schuster, then 29, and Strycharz, then 22, were inspecting the tire damage when Ginoulias pulled up with two friends, Nicholas Errichetto and Bradley Franklin, both 17. Franklin lived next door.

The two groups faced off and started fighting. They stopped for a short time before the fisticuffs picked up again and moved to the side of Schuster’s house.

At one point, Strycharz, Ginoulias, Franklin and Errichetto fell through a gate leading to the back yard, and the fighting continued. Meanwhile, Schuster retrieved his 9mm Glock handgun from the house and came out the front door, which was adjacent to the backyard gate.

“He came back out and immediately began firing,” Chief Deputy District Attorney Christopher Owens said in opening arguments Tuesday.

Ginoulias took the first bullet, which entered the back of his left shoulder, passed through his torso and exited the other side. Ginoulias struggled to the front yard, where he collapsed and died.

Schuster then took aim at Errichetto, who turned to run but was shot in the leg, Owens said. The bullet passed through his right thigh, hit his femoral artery and passed through his other leg, he said. He ran back to his friend’s house.

Schuster walked past Errichetto and fired at Franklin, who dodged the bullet and jumped a back wall to safety, Owens said.

“As far as they knew, this was a fist fight, and the defendant brought a gun,” Owens said.

Schuster’s lawyer, Michael Cristalli, told the jury his client fired his gun, but only to stop the beating of his brother.

“He was justified in using deadly force to not only protect himself, but to protect his brother,” he said.

The brothers had been punched, kicked and choked during the melee, and Schuster had his head slammed on the concrete, Cristalli said.

“It wasn’t a fair fight,” he said. “It was three against two, and then four against two.”

The brothers retreated toward their front door and were pursued by the teens, he said.

When Schuster went into his house, he could see his brother through a window lying on the ground in a fetal position while as many as three teens beat him, Cristalli said.

Schuster hoped to stop the beating with his gun and didn’t intend to kill anyone, he said.

“The force Donald used in this particular case was the only thing he could have done,” Cristalli said. “And it was justified.”