Murder and other charges against two men who left a body in a wooded area in Cass Township were held for court Thursday.

Magisterial District Judge David Rossi presided over the 2½-hour hearing in the Schuylkill County Courthouse. James Fitzpatrick, 49, of Pottsville, and Michael Angelo, 50, are accused in the death of Joseph Michael Fedornak, 27, on Oct. 21, 2021.

Each face murder of the first degree, murder of the third degree, two counts of aggravated assault, simple assault, eight counts of conspiracy, one count of possessing instrument of crime, and recklessly endangering another person.

Assistant District Attorney Tom Campion asked to amend the charges to include involuntary deviate sexual intercourse, second-degree murder and two counts of conspiracy.

Testimony

Elisah Fitzpatrick, girlfriend of the victim and Fitzpatrick’s ex-wife, said she went to Fitzpatrick’s house to retrieve items. She said Angelo had come into the house and said while he was on his motorcycle Fedornak hit him in the hip with a rock. She said Angelo grabbed a gun and Fitzpatrick a stick as they went out the back door together. Elisah Fitzpatrick said she heard three shots and then a fourth. However, she said gunshots in the area are a regular occurrence.

She admitted to getting a text from Fedornak prior to the killing, saying he was at the bottom of the hill and he had a ride and for her to come outside

When they came back inside she said Fitzpatrick said, “I got him. I got him. I got him. He’s done.”

She said Fitzpatrick told her Fedornak was in a puddle at the bottom of the hill and she should check him. Before going outside, she said Fitzpatrick said he was going to bleach the sticks and his shoes.

Fitzpatrick threw the phone to her that had blood on it.

Upon questioning by Defense Attorney Joe Nahas, Elisah Fitzpatrick admitted to smoking methamphetamine with her ex earlier in the day.

Nahas asked her why Fedornak would throw stones at the house.

“He didn’t like him,” he said.

Finding the body

State police trooper Joseph Hall testified he found Fedornak’s body outside face up. He spoke with Angelo who admitted to taking two shots at Fedornak. Hall said Angelo’s intent was to scare him, not harm him. Initially, Angelo said both men had a gun and Fitzpatrick sticks, but he later changed that to say he was the only one with the gun. Angelo said when Fedornak was at the bottom of the hill he was mooning them.

Hall said Angelo told him Fitzpatrick used a wooden ax handle or shovel handle to assault Fedornak.

Hall said Fitzpatrick said Angelo was going to shoot Fedornak. He said Fitzpatrick admitting to kicking the victim and using a stick to assault him.

Dr. Wayne Ross, a forensic pathologist, testified “the cause of death was gunshot wounds to the body and the manner of death was homicide.”

He also had multiple contusions and lacerations to his face, chest and lower body. The fatal shot was to his back that penetrated his chest.

Ross said Fedornak was sexually assaulted “multiple times” with an object before he died, Ross said.

Nahas and Markowsky each asked for several charges to be dropped.

“My client did not commit murder,” Nahas said.

He said there was “no conspiracy to commit a crime.”

Campion disagreed.

“I think there was an intent to malice there,” he said.

Markowsky said Angelo didn’t intend to kill Fedornak. He said Angelo didn’t violate Fedornak so the involuntary deviate sexual intercourse charge should be dropped.

Rossi disagreed with the defense attorneys.

He said there was “evidence there was in fact a conspiracy.”

He said the statements of the defendants about Fedornak show intent.

“They went out and they killed him,” Rossi said.

Fitzpatrick and Angelo remain in the Schuylkill County Prison.