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HOLLIDAYSBURG -- A Blair County jury returned mixed verdicts Thursday in connection with a pair of drive-by shootings in March 2021 that developed from a love triangle and sent bullets into a Frankstown Township split-level residence on Sandbank Road.
Blair County Judge Jackie Bernard scheduled sentencing on Oct. 24 for Kenneth Richard Milko, 36, a Cresson Township man currently incarcerated in the Blair County Prison, to address convictions on charges linked to the drive-by shooting on March 18, 2021.
The jury found Milko guilty of felony charges of aggravated assault, discharging a firearm into an occupied structure and a misdemeanor charge of recklessly endangering another person.
But on the March 1, 2021, drive-by shooting, the jury acquitted Milko of the same felony charges and a charge of terroristic threats, reflecting text messages Milko was accused of writing.
The jury came up with its verdicts after deliberating 2.5 hours at the end of a two-day trial.
"On that March 1 shooting, they didn't provide enough proof that (Milko) did that shooting," one of the jurors said outside the Courthouse when asked about the split verdict.
While text messages shown during trial indicated that Milko was going to "shoot and kill" the man inside the Sandbank Road residence, three jurors confirmed that for lack of a date and time, they were unable to consider that as valid evidence.
"That message could have been sent two years ago or yesterday," a juror said.
"But on the March 18 shooting," her fellow juror added, "we had (the woman's) testimony, that she was with (Milko) and that she saw him fire."
During trial, the woman admitted to being in romantic relationships with Milko and with the man who resided on Sandbank Road.
She also told the jury that she was in a vehicle with Milko on the night of
March 18, when they drove onto Sandbank Road and pulled up close to the man's residence. She said they were arguing that night because Milko was upset about her other relationship.
When she testified, District Attorney Pete Weeks asked the woman if she saw Milko fire shots at the Sandbank Road house.
"Several shots, I'm sure of that," she said.
During cross-examination, defense attorney Tyler Rowles reminded the woman that she previously spoke of Milko firing shots toward the ground.
"I seen Mr. Milko fire straight toward the house," she testified.
In his closing argument, Rowles asked the jurors to recognize the woman as having a key role in getting charges filed against his client. "Nothing happens until she goes into the state police barracks and has an interview with Cpl. (John) Schall," Rowles told the jury. "And that's two years after the incident."
Schall explained to the jury that he inherited the case in March 2023. He spoke of contacting the Sandbank Road resident, interviewing the woman and working with other officers to collect cellphone data on Milko's whereabouts at the time of the drive-by shootings and crime lab reports showing that the bullets fired in both came from the same gun.
Weeks told the jury he would commend the officers involved in a case that got passed through three or four troopers' hands as troopers left the Hollidaysburg barracks to accept other assignments.
"They had information about Mr. Milko, but do they go out and charge him right away? No ... they go out and get information to corroborate his involvement," the prosecutor said.
Weeks also provided the jury in his closing with a reason behind Milko's behavior.
"This defendant has motive," Weeks said. "He's in a love triangle that he's not happy about."
In preparation for sentencing, Bernard asked Weeks and Rowles to submit memorandums addressing state sentencing guidelines, prior criminal history, credit for time served, early release and other factors to consider.
Mirror Staff Writer Kay Stephens is at 814-946-7456.