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TARGET 11: Family searching for answers 5 years after man's mysterious death

Stephen Tomko's death was initially ruled a suicide.

But a year later, a coroner's inquest recommended further investigation into the Perryopolis man’s shooting.

That was four years ago, and Target 11 has discovered little has been done since then, frustrating family members are frustrated.

“We've been in the dark for five years,” said Russell Gaisbacher, Tomko's brother-in-law.

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Gaisbacher has been on a mission for five years since Tomko was found dead in bed at his home in Perryopolis. Tomko’s gun was beside him.

His wife and teenage stepson were also in the home, but they didn't hear the gunshot.

The coroner ruled the death a suicide, but Gaisbacher and his wife had questions.

“We had friends and co-workers who came to us immediately after this happened and raised the red flag,” Gaisbacher said.

They say Tomko wasn't depressed, but friends said he had a strained relationship with his stepson.
What's even more baffling: Tomko, they say, was lefthanded, but the gunshot wound was behind his right ear.

“If you were going to do this and you were lefthanded, why would you shoot yourself in the right?” Gaisbacher said.

Tomko’s wife says he was ambidextrous and could use either hand.

A year later, the Gaisbachers convinced the coroner to hold an inquest, and a jury recommended police take a closer look at the case: submit the gun for ballistics and fingerprints, further question people in the home at the time, examine computer and telephone records, and question neighbors about suspicious cars, noises and activities that day.

Perryopolis’ police chief says now that he has nothing more to say, that all the agencies involved agreed it was a suicide, and that gunshot residue was found on both of Tomko's hands.

The Gaisbachers say that was not unusual because he carried a handgun at all times.

Tomko's wife declined to talk on camera as well. She told Target 11 it was a tragedy and that she loved her husband and was in shock and disbelief over what some people were saying.

A letter sent to the Gaisbachers by former District Attorney Jack Heneks just days before he left office adds to their frustration.

The letter says, “I find that there is sufficient evidence to justify any prosecution in this matter.” But no one has been prosecuted, Gaisbacher said.

It turns out the letter was a mistake.

Target 11 tracked down Heneks. He says he decided not to pursue the case and says the letter should have said there was not sufficient evidence.

Target 11 also went to current District Attorney Rich Bower, who took office about two years ago. 
His chief deputy confirmed that the office been gathering evidence in the case so they can take a closer look, like that coroner's jury recommended four years ago.

“We know these things take time and we are patient people but our patience is running out,” Gaisbacher said. “We just want something done.”

After the coroner's inquest, the Perryopolis police chief tracked down photos of Tomko using his right hand to show that he was ambidextrous, he says now. But when Target 11 asked the coroner's office, they said the photo shows Tomko just wearing a watch on his right hand.