Final arguments to be given Wednesday in double-murder trial

by Angie Asam–Staff Writer

Final arguments were set to be delivered Wednesday afternoon in the case of the people of the state of Michigan v. Richard Strzelecki. The case began Monday after jury selection. Strzelecki faces two counts of first-degree premeditated murder, two counts of felony murder, one count of home invasion in the first degree and one count of felony firearms. His attorneys will be arguing for legal insanity in the case. The trial is expected to last all week.

It is alleged that Jan. 15 Strzelecki murdered brothers Eugene, 60, and Henry Hincka, 48. The brothers along with Strzelecki and his wife Beth had a business partnership operating HERB Produce in Posen.

The Honorable Judge Scott L. Pavlich is presiding over the case. At 10:40 a.m. Monday the jury of 14 was seated and the case moved back to the Presque Isle County courthouse where the trial began at 11:30 a.m. with jury instructions and opening statements by the attorneys.

During opening statements Presque Isle County prosecuting attorney Rick Steiger told the jury “this isn’t something you can strip down.”

“Mr. Strzelecki was in business with two individuals and his wife. Those two individuals were these gentlemen right here (pointing to photos of the Hincka brothers). The business that they operated was a produce business that had been in business for several decades. Over the years the business started going south. Mr. Strzelecki recently had learned that the business was about $300,000 in debt. He was approached by Gene Hincka and Gene did the books. Gene stated to him and the evidence will show ‘listen we have to go bankrupt, there is nothing else we can do’ and pride cometh before the fall, Mr. Strzelecki was concerned about his reputation in the community. So what was his decision, two days prior to the murder of these two gentlemen he went to see a doctor. At the time he went to see the doctor he was depressed. He was prescribed medication called Zoloft and he had taken it for two days. What did he decide to do two days after seeing that doctor to solve his problems and cure his depression, he woke up at 7 a.m. or so and he decided at that point he needed to kill these individuals. He proceeded to go to his gun cabinet, pulled out a 30-30 filled the rounds, went to his truck, drove down to the (Eugene and Henry) Hincka residence, barged through the kitchen door, Eugene was sitting at the kitchen table, he shot from the hip and shot him right in the chest, he turned to run away and he shot him in the back. At this point the brother comes out of the bathroom, same thing, shoots him in the chest, turns to run away, he shoots him in the back, fatal shots. He went home, and you will hear the tapes, he called 9-1-1 and told them he shot his neighbors. He was cooperative with the police,” said Steiger.

“He in cold blood went into the home with one specific purpose, to kill these two men for a failing business relationship. This is not the act of someone who is legally insane, this is the act of someone who has a vendetta, he is at his wits end and decided to murder and take the lives of these two men,” said Steiger. Steiger asked the jury to come back at the end of the trial with a verdict of guilty but mentally ill on all six counts.

Defense attorney Dan Harris took his turn to make opening arguments. “In most aspects of our lives there are two sides to every story. In this case we are not disputing the acts that were just described to you. The question in this case is why. We acknowledge we all have challenges in our lives, we all have our ups and downs, physical ailments, depression and other things that affect our moods and how we act. Just because we have those challenges we are not suggesting that it is OK to go out and commit crimes. What we are suggesting that this case meets the requirements of legal insanity. HERB produce meant a lot to him, it was very important to him. It was his life and always had been. They grew most of the produce on his family farm. This started the rumination in his head, this was a major problem for him, because of how it would affect the other people that had done business with him over the years,” said Harris.

Harris then talked about a tipping point, a point where in a complex situation a small thing produces a large and irreversible change.

“There was heavy rains and crop damage in September and October of 2014. He had a hernia that developed which prevented him from going to the field to get his crops. He also had kidney stones that developed and produced excruciating pain. As he is looking out over the fields he has farmed his entire life and he couldn’t do anything. He was cascading and everyone around him knew it,” said Harris.

Harris said Strzelecki went to a doctor and was prescribed Celexa for his depression and had an adverse reaction. He was later prescribed Ativan and again had an adverse reaction. Just two days before the murder he was prescribed Zoloft for depression. He also discussed that during kidney stone surgery in October of 2014 his prostate was knicked and “in his head it is getting worse and worse and worse,” said Harris.

“He was a jokester. It got so bad he wouldn’t even smile. It got so bad that his daughter sent him a letter every day for 25 days to try to pull him out of this funk but it didn’t work. To suggest that there is some plot here or that this is premeditated, that is not this case, you won’t hear a shred of evidence on that. He woke up in that morning without ever even considering harming them or anyone in his life with a compulsion that this would fix the problem,” said Harris.

The defense asserted that there was a disorder of mood or thought (mental illness) and that because of the mental illness Strzelecki wasn’t to appreciate the nature and quality or wrongfulness of his actions.

MARK DARGA WAS THE  first witness called to the stand by the prosecution. Darga is Strzelecki’s neighbor who testified that on that morning Strzelecki came to his house and told him that he shot the Hincka brothers.

Randy Idalski, the Presque Isle County 9-1-1 dispatcher on that morning that took the call Strzelecki made himself was next to testify and the tape of that call was played for the jury.

“Presque Isle 9-1-1.”

“Yes this is Rich Strzelecki from Posen. I just shot my neighbors.”

“You did what?”

“Killed my neighbors.”

“You’re kidding me.”

“I’m at home, I shot Gene and Henry Hincka. I will be at my house, come pick me up.”

Renee Szymanski, 9-1-1 coordinator, Dr. David Start, the forensic pathologist who conducted the autopsies on the Hincka brothers, PICSD sheriff Robert Paschke, Michigan State Police (MSP) trooper Mike Jermeay each described their parts in the investigation. Others who testified included Allied EMS paramedic Andrea Baker, MSP troopers Ken Polhemus and James Buck, Norm Smith, who served as the nurse at the Presque Isle County Jail and Det. Mulka.

Tuesday afternoon the defense began presenting its witnesses and evidence to the court and jury. Nikki Landon, Strzelecki’s daughter, Strzelecki’s friend Ed Kandow, Dr. Keith Wright and Strzelecki’s sister Theresa Greenglski testified Tuesday afternoon.