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Man gets time served

Assault case involved a death

A Butler man, charged with assault and burglary in relation to an incident that left another person dead, was sentenced to time served in Butler County Court on Thursday.

Richard A. Paskosky, 46, was sentenced to six to 12 months in the Butler County Prison, with 192 days credit making it a time-served sentence. Paskosky received six months probation and was ordered to pay restitution and $200 in fines by county Judge Timothy McCune.

Paskosky previously pleaded guilty to two misdemeanor counts of simple assault on May 10.

He was initially charged with felony aggravated assault, burglary, misdemeanor simple assault and summary criminal mischief after an incident at a home in the 300 block of East Penn Street on Sept. 16, which led to the death of 57-year-old Mark Cunning.

Cunning suffered a head injury in the altercation, and was taken to Butler Memorial Hospital, where he was pronounced dead a short time later. Butler City police charged Paskosky after he allegedly forced his way into a home and attacked Cunning and Nicholas Donaldson.

The aggravated assault charge was later dismissed by Magisterial District Judge William Fullerton at Paskosky's preliminary hearing.

Police said a disagreement between Paskosky and Donaldson led to the violent confrontation after Paskosky called Donaldson threatening him, before showing up at the home.

When Paskosky arrived, Cunning, a friend of Donaldson's, was also at the house where he had been living for several months, according to court records. The two occupants armed themselves with baseball bats, Cunning with a homemade bat and Donaldson with a mini-sized bat, before Paskosky forced his way into the home, police said.

Paskosky then began fighting with Cunning while Donaldson called police, according to court records. Cunning eventually fell to the floor, hitting his head, police said.

Paskosky then began fighting with Donaldson, who was also knocked to the floor and punched “numerous times” in the head, according to the police complaint.

When police arrived, they found the two outside. Donaldson previously testified during the preliminary hearing that Cunning was up and moving around when he spoke to officers, but that would soon change.

Donaldson said Cunning was then soon sitting at a table with his head down, with labored breathing and he became unresponsive. A Butler Ambulance Service crew was called and tended to the victim before he was taken to the hospital, where he later died.

Paskosky was held in the Butler County Prison on $100,000 cash bail. Bail was later reduced and he was released on his own recognizance on March 29.

Authorities previously said during the investigation that homicide charges could have been a possibility, but Assistant District Attorney Laura Pitchford, who handled the prosecution, said that after review of the case, “there was not enough evidence to warrant a homicide charge.”

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