Jan 5, 2005 By Josh Krysak 5 min read

The family of a 21-year-old man who was shot to death in a Uniontown home last month will pursue a civil suit in the shooting, after charges against the 17-year-old gunman were dropped in Fayette County court Monday. And Joshua John Miner’s sister, Chrystie Staycer, and mother, Evelyn Miner, said they are both disappointed with how the case was handled by area officials and said justice was not served in Miner’s untimely death.

Miner was shot to death by a 17-year-old boy at the home of 39-year-old Jerome Zuzak along Washington Street in Uniontown around 4 a.m. Dec. 18 after Miner allegedly beat Zuzak in the head and stomach during a late night altercation over alcohol.

Staycer and her mother’s concerns center around three issues that they claim have been glossed over by law enforcement officials and have left the family with doubts about the accuracy of District Attorney Nancy Vernon’s account of the incident.

Vernon ruled that the 17-year-old son, who has not been identified, was forced to act in defense of his ill father, as Miner and Zuzak were engaged in a struggle at the Washington Street home and that there was no evidence of foul play.

Vernon said Monday during her ruling that, “the father and the youth both perceived that the father was in fear of death from the beating and described the Jerome Zuzak as a “very weak, very passive” man who suffers from colon cancer and “wears a permanent colostomy bag.”

But Staycer and Miner allege that the day of the shooting, detectives and law enforcement officials investigating the case said they had taken fingerprints from all parties involved in the early-morning struggle.

Now Miner’s family said officials claim they did not get fingerprints from the crime scene, something the family views as inexcusable.

“They needed to bag all the people’s hands in that house if they wanted justice,” Evelyn Miner said.

Staycer and her mother also claim that the entire 911 emergency call from the Zuzak home was not divulged during the case and said that it appeared to them that the recording had been edited to show Miner in a bad light.

The family is also angry that Miner’s blood alcohol level was tested but Zuzak and his son were not tested.

Additionally, Miner’s mother and sister complained that Miner suffered head injuries that night as well and said that the story about the gun in Zazak’s waistband was different from what they were originally told by officials – that Zazak’s son retrieved the weapon from his father’s bedroom.

Vernon said that police did not perform toxicology tests on the boy because he was competent the night of the shooting and did not appear intoxicated and she said that all evidence that could be examined was thoroughly investigated.

“They’re not happy, but we explained to them that we don’t have any evidence to suggest that it wasn’t the way he (the 17-year-old) said,” Vernon said.

Miner’s mother also claimed she received a distraught phone call from Josh around 3:10 a.m., when her son, “cried and told Jerry to tell him why he was throwing him out of the house, because he wouldn’t give them any of his pills.”

Evelyn said her son takes prescription Xanex and Staycer said the Zuzaks would try to get Miner to give them his pills.

During her ruling Vernon said Zuzak had lumps on his head from the beating and started to lose consciousness and added that the fight stemmed from the purchase of $10 in beer and continued when Miner wanted Zuzak’s two children, 15 and 17, to ride in a vehicle with him.

Vernon said Miner, who lived with the family for approximately two months, was intoxicated.

Vernon said Miner and Zuzak had a verbal argument and that when Zuzak called the police, Miner left the home and the Zuzaks packed his belongings and put them on the porch.

Vernon said Miner returned a short time later to ask for his prescription medication and said that Zuzak tried to pass the medication out a window to Miner.

Vernon said the state police investigation shows that Miner started beating on the window and then kicked in the door to the home. Miner then started to hit Zuzak in the head and the face in the hallway of the trailer, but Vernon said that portion was not on the tape because the call was disconnected.

When Miner left the home, Zuzak put his fianc?e’s 9mm in his waistband in case of trouble, telling officials he was afraid of Miner and that he told his son during the beating to get the gun from his pants.

Zuzak’s son yelled for Miner to stop, Vernon said. Then, from three to eight feet away, a distance determined by a forensic pathologist based on gunpowder marks, the 17-year-old fired, striking Miner in the arm and heart.

Vernon ruled that the use of deadly force is justified because Miner was asked to leave the residence and returned to assault Zuzak, resulting in the need for defense.

“You are permitted in your home (to use deadly force). You do not have to retreat,” Vernon said Monday.

Vernon said a toxicology report revealed that Miner was under the influence of alcohol at the time of the incident.

In addition to Miner, Zuzak and his 17-year-old son, Vernon said Zuzak’s 15-year-old son and an 18-year-old friend were also in the house, at the time of the shooting.

Regardless of the circumstances that night, Miner’s family feels they have not received justice for their loss.

He was my only son,” Evelyn said Tuesday, her voice breaking. “There is no justice in Fayette County. The district attorney kept saying, “summarize” the events, but you can’t summarize a life, my son’s life. He was only 21. I will have a civil case.”