SMETHPORT — A jury of 12 took just 53 minutes Wednesday, including a lunch break, to come back with a not guilty verdict for Stephen Stidd in McKean County Court.
For the approximately 50 family members and friends of Stidd who were in the courtroom, the words were welcomed with tears of happiness and joy.
For the half-dozen people there hoping for a conviction in the shooting death of Melvin Bizzarro, the verdict brought sobs and tears of grief.
Stidd, 65, was found not guilty of murder in the first degree, murder in the third degree and voluntary manslaughter in the Jan. 16, 2015, death of Bizzarro, his son-in-law.
Senior Judge John Cleland had issued a stern warning prior to the verdict. “Regardless of what the verdict is, we will tolerate no outbursts. The sheriff’s department has been advised to arrest anyone who engages in such disorderly conduct.”
Sheriff Dan Woods stood at the front of the audience, and deputies were stationed to both sides and the rear of the courtroom.
The jury foreperson stood and began reading from the verdict slip: “To the charge of murder in the first degree, we find the defendant not guilty.”
Bizzarro’s mother, Julie Day, started to cry. A few of Stidd’s supporters began clapping.
“To the charge of murder in the third degree, we find the defendant not guilty.”
More tears, along with open sobs coming from Bizzarro’s side of the courtroom.
“To the charge of voluntary manslaughter, we find the defendant not guilty.”
“No,” one of Bizzarro’s relatives said quietly, as his mother began sobbing.
Hugs, handshakes and tears of relief filled Stidd’s side of the courtroom.
After the jury was excused and filed out of the courtroom, prosecutors L. Todd Goodwin and Bobbi Jo Wagner of the state attorney general’s office were solemn.
Defense attorneys Greg Henry and James P. Miller were accepting congratulations and hugs from grateful family members.
Sheriff’s deputies escorted Bizzarro’s mother and other family members out of the courthouse.
Outside the courtroom, Stidd’s grandchildren, including Bizzarro’s son, Vinnie, took off dress shirts to show T-shirts underneath that read “Best Papa Ever.”
Michelle Bizzarro, who had testified for her father’s defense in the shooting of her allegedly abusive husband, cried with happiness. She declined to comment.
Miller spoke on behalf of the family.
“Obviously we’re pleased with the verdict,” he said. “It’s a tragic situation. As you heard Mr. Stidd testify, he loved his son-in-law and he never wanted this to happen. Mr. Stidd is going to get back to the family he loves so much and we’re pleased that he’s able to do so.”
Goodwin said his office would have no comment.
The attorney general’s office had taken over investigation and prosecution of the case after it had been dismissed by District Judge Dominic Cercone at the preliminary hearing stage in 2015. At the time, now-District Attorney Stephanie Vettenburg-Shaffer was part of Stidd’s defense team.
Before re-filing the charges, the attorney general’s office had asked to have the case reassigned to a different district judge. Cleland agreed, and assigned District Judge David Engman to hear the case. The charges were filed earlier this year, and Stidd has been incarcerated since April, without bail.
The trial began on Oct. 23, with a jury of five men and seven women seated, along with four alternates, three men and a woman. On the fifth day of the trial, a female juror was excused, and was replaced with a male from the panel of alternates.
Earlier Wednesday, the jury heard an approximately 90-minute closing argument from Henry, in which he cast doubt on the prosecution’s witnesses and cast aspersions on Bizzarro’s character.
“Mr. Bizzarro was an extremely violent and aggressive man,” Henry said, giving a brief overview of the testimony of several witnesses who related past experiences with Bizzarro and his temper.
Henry talked about the drugs and alcohol in Bizzarro’s system that day, and said the prosecution would have the jury believe it would have made Bizzarro lethargic and docile.
“Mr. Goodwin would want you to believe Mr. Bizzarro was not an aggressive and raging bull on the morning of January 16th, 2015,” Henry said, adding the drugs and alcohol would magnify the personality characteristics of the user. With Bizzarro, that was “violence and aggression,” Henry said.
“Without the decedent’s name on the bullet, this case would never have been filed,” Henry said. And Stidd carved “Mel” into the bullet for one reason — “to blow off steam. For him it was cathartic and healing.” It was not premeditation, he stated.
“We’ve all seen videos of stupid criminals,” Henry said. “If Mr. Stidd had intended to leave his name on the bullet and shoot Mel, leaving his name on the bullet would have been a new apex, a new summit, in the annals of stupidity.”
Henry acknowledged that Bizzarro’s death was a tragedy. To the jury, he said, “I would implore you from the bottom of my soul not to compound that tragedy by convicting an innocent man.”
Wagner presented the closing argument for the prosecution, reminding the jury that Bizzarro was the victim, not the man on trial.
“This case was never a whodunnit,” Wagner said.
She showed the jury the gun, the bullet with “Mel” etched into it and the mutilated bullet which was recovered from Bizzarro’s body.
“We knew the defendant had this two-shot derringer, a gun that 28 days earlier the defendant got a permit for, 28 days before Mel died,” Wagner said. “We knew he took this gun before he shot Mel and asked a gun dealer, ‘Will this gun fire?’”
She cautioned the jury to remember that several of the defense witnesses had ongoing connections to the Stidd family, or to Togi’s restaurant, and suggested they might have a motive to give false testimony to help Stidd.
Wagner said employees of Togi’s were told to call police should Bizzarro arrive on the property, but added that Stidd didn’t follow his own advice. Instead, he got out of his truck and approached Bizzarro.
And telling Bizzarro to stop because he had a gun wasn’t a statement, but a threat.
“He cocks the gun and as he’s backing away he says, ‘Back off, Mel, I have a gun,’” Wagner said. “That’s a threat.”
She said, “The defendant told you this incident happened in less than about five minutes. The police arrive within two minutes of being called. The defendant could have simply called police. They were there in two minutes.”
Wagner said Stidd’s statement about the reason he carved the name in the bullet was implausible.
“It is absurd to think this carved bullet was used to comfort Michelle,” she said. “He was such a family man; he carved it and they laughed.”
Wagner told the jury to remember the case wasn’t about Bizzarro; it was about Stidd.
“This is about the carved bullet. About the loaded gun. About the defendant’s decision to pull the trigger,” she said.
After the verdict, the sheriff’s department had to take Stidd back to the jail to process his release, which took place immediately thereafter.