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Father held in murder plot; Police say he urged son to kill 4-year-old brother
Thursday, January 29, 2004
By Janice Crompton, Pittsburgh Post-Gazette
A Washington County man accused of telling his 10-year-old stepson to kill his 4-year-old brother has been ordered to stand trial on charges of solicitation to commit homicide.
According to police, Donald Jerome Winniewicz, 36, of Chartiers, made a 45-minute cassette tape in which he tried to induce his stepson, Shane Ziolkowski, to kill his brother, Noah Winniewicz.
Chartiers police Sgt. Steven Horvath testified at yesterday's preliminary hearing that Winniewicz can be heard more than 50 times telling Shane to kill Noah, "in whispering-type talk." Noah is Winniewicz's natural child with his wife, Nancy. They also have a 3-year-old daughter.
Police began investigating Jan. 12, when Nancy Winniewicz found the cassette tape in a file cabinet. She was granted a protection-from-abuse order Jan. 13, requiring that Winniewicz have no contact with her or the children.
Winniewicz admitted earlier this month that he made the tape in an effort to convince Shane that "he was hearing voices," according to Horvath.
Horvath said Winniewicz told him that he wanted Shane to appear mentally unstable to keep him from visiting his paternal grandparents, who Winniewicz said were having trouble with the boy.
The district attorney's office and the defense agreed not to play the tape because of its length and repetitive nature, but Horvath outlined details of it.
Horvath said the tape also had Winniewicz instructing Shane on methods of choking the younger boy, including how to suffocate him with a pillow or strangle him with his hands.
Assistant District Attorney Mike Lucas challenged Winniewicz's story, citing a portion of the tape in which Winniewicz asks Shane, "Why haven't you done this yet?" According to Horvath, Winniewicz goes on to say, "If you love your Grandma why didn't you do this?"
Defense attorney Michael J. DeRiso told District Justice James Ellis that making the tape was not a crime and prosecutors didn't show that the tape had been played. Horvath said that Shane told him he remembered hearing voices, but had no recollection of the tape.
Horvath said Winniewicz told him he began playing the tape two weeks before Halloween but it was unclear how many times. Winniewicz waited to play the tape until Noah was asleep and Shane was just drifting off to sleep, according to Horvath. Horvath said Winniewicz told him he got the idea when he was shopping and saw a tape recorder.
"It just popped [into] his head," Horvath said.
Horvath said Winniewicz claimed Shane was a light sleeper and was unlikely to kill his brother, and said he "would have taken responsibility" if the boy had followed through.
DeRiso said his client probably regrets making the tape."I think he's very sorry this happened."
District Attorney John C. Pettit said his office has uncovered no evidence that Shane had any problems with his paternal grandparents or natural father. If Winniewicz intended to have Noah killed, it's unclear why, he said.
"We don't know what the motive would have been," Pettit said, adding that Winniewicz had no prior criminal record and had been employed with the same company for 13 years.
He said there may be a plea agreement in the case, and "charges could eventually be dropped if it proves to be a domestic situation."
Ellis also ordered Winniewicz to stand trial for endangering the welfare of a child and corruption of minors.
Winniewicz was released from the Washington County Correctional Facility this week when he posted $50,000 bail. Ellis ordered him to have no contact with his family.
Thursday, January 29, 2004
By Janice Crompton, Pittsburgh Post-Gazette
A Washington County man accused of telling his 10-year-old stepson to kill his 4-year-old brother has been ordered to stand trial on charges of solicitation to commit homicide.
According to police, Donald Jerome Winniewicz, 36, of Chartiers, made a 45-minute cassette tape in which he tried to induce his stepson, Shane Ziolkowski, to kill his brother, Noah Winniewicz.
Chartiers police Sgt. Steven Horvath testified at yesterday's preliminary hearing that Winniewicz can be heard more than 50 times telling Shane to kill Noah, "in whispering-type talk." Noah is Winniewicz's natural child with his wife, Nancy. They also have a 3-year-old daughter.
Police began investigating Jan. 12, when Nancy Winniewicz found the cassette tape in a file cabinet. She was granted a protection-from-abuse order Jan. 13, requiring that Winniewicz have no contact with her or the children.
Winniewicz admitted earlier this month that he made the tape in an effort to convince Shane that "he was hearing voices," according to Horvath.
Horvath said Winniewicz told him that he wanted Shane to appear mentally unstable to keep him from visiting his paternal grandparents, who Winniewicz said were having trouble with the boy.
The district attorney's office and the defense agreed not to play the tape because of its length and repetitive nature, but Horvath outlined details of it.
Horvath said the tape also had Winniewicz instructing Shane on methods of choking the younger boy, including how to suffocate him with a pillow or strangle him with his hands.
Assistant District Attorney Mike Lucas challenged Winniewicz's story, citing a portion of the tape in which Winniewicz asks Shane, "Why haven't you done this yet?" According to Horvath, Winniewicz goes on to say, "If you love your Grandma why didn't you do this?"
Defense attorney Michael J. DeRiso told District Justice James Ellis that making the tape was not a crime and prosecutors didn't show that the tape had been played. Horvath said that Shane told him he remembered hearing voices, but had no recollection of the tape.
Horvath said Winniewicz told him he began playing the tape two weeks before Halloween but it was unclear how many times. Winniewicz waited to play the tape until Noah was asleep and Shane was just drifting off to sleep, according to Horvath. Horvath said Winniewicz told him he got the idea when he was shopping and saw a tape recorder.
"It just popped [into] his head," Horvath said.
Horvath said Winniewicz claimed Shane was a light sleeper and was unlikely to kill his brother, and said he "would have taken responsibility" if the boy had followed through.
DeRiso said his client probably regrets making the tape."I think he's very sorry this happened."
District Attorney John C. Pettit said his office has uncovered no evidence that Shane had any problems with his paternal grandparents or natural father. If Winniewicz intended to have Noah killed, it's unclear why, he said.
"We don't know what the motive would have been," Pettit said, adding that Winniewicz had no prior criminal record and had been employed with the same company for 13 years.
He said there may be a plea agreement in the case, and "charges could eventually be dropped if it proves to be a domestic situation."
Ellis also ordered Winniewicz to stand trial for endangering the welfare of a child and corruption of minors.
Winniewicz was released from the Washington County Correctional Facility this week when he posted $50,000 bail. Ellis ordered him to have no contact with his family.
