87-year-old charged with manslaughter

TONAWANDA, N.Y. (WIVB) - Chester Rusek, described by his attorney as in bad shape physically and extremely confused, now faces a charge of first degree manslaughter after being indicted by an Erie County Grand Jury.

The 87-year-old is accused of beating 86-year-old Salvatore Trusello, his roommate, at the Kenwall-DePaul Senior Living Community in the Town of Tonawanda on November 26th. Authorities say Rusek struck Trusello repeatedly about the head and face with a two-and-a-half pound magnet as he lay in bed.

RELATED | Rusek told police he was getting even with Salvatore after Salvatore allegedly stole Rusek's records

Lisa Trusello, Salvatore Trusello's daughter, says she is disappointed with the charge.

"I think they should have charged at least second degree murder because Chester swung a two-and-a-half pound magnet at my father's head," she said. "If you had seen my father in the hospital, he had injuries to his face and head. It was clear to us that Chester intended to kill him."

According to the police report, Rusek told authorities, "I didn't want to kill him. I just wanted to get even." A picture of Salvatore after the incident shows him with severe injuries.

Lisa said, "My father had a smashed orbital of his left eye. He had ten broken fingers from defending his face. If he hadn't been defending his face, he would have been killed right there."

News 4 legal analyst Terry Connors says the difference between murder and manslaughter involves around the intent of the perpetrator.

"The basic cutoff for a prosecutor is to say, 'Can I prove intent to cause death? Or do I have only evidence of serious physical injury?' And that's a fine line," Connors said.

Salvatore spent a month at Erie County Medical Center in the intensive care unit before passing away on December 27th. Connors says that's an added factor, and another layer of proof to be considered.

"Was there an event that occurred between November 26th, the assault, and December 27th, the death, that might have intervened and caused that person to die exclusive of the attack?" Connors said.

Barry Dolgoff, Rusek's attorney, tells News 4 this is a sad case on both sides. He says his client can barely walk and uses two canes.

Rusek appeared in court on Wednesday using a wheelchair and pleaded not guilty.