Kansas City, Kan., man acquitted in Northland murder case

Kansas City Star

March 26, 2008

A Clay County jury has acquitted a 30-year-old man accused of shooting to death another man over a pack of cigarettes and some change.

Prosecutors had charged Robert G. Pichelman of Kansas City, Kan., with second-degree murder in the slaying of Michael Gierster.

Pichelman and James J. Stewart also were charged with first-degree robbery and armed criminal action in the July 4, 2005, shooting near Vivion Road and Compton Avenue.

'We are certainly disappointed in the decision that the jury made regarding this case,' said Clay County Prosecutor Daniel White.

Authorities had alleged that Stewart of Lee's Summit was driving Pichelman's red Saturn when he pulled up beside Gierster of Kansas City, North, and another man.

Prosecutors said a woman who was in the back seat of the Saturn told police that Pichelman got out of the car and pointed a handgun at Gierster.

But during the trial this week, defense attorney Patrick W. Peters said, he was able to emphasize a number of problems with the state's case. Among them was their failure to follow through with various aspects of the investigation, Peters said.

Gierster's friend told police he fled the scene. As he fled, prosecutors said, Gierster struggled with the gunman for the weapon. The gunman, authorities said, fired a single shot into Gierster's chest. With Gierster on the ground, the gunman took the cigarettes and some change, a witness told authorities.

The witness said Stewart chased Gierster's friend but did not catch him. Stewart returned to the car and drove away with Pichelman and the woman in the car, according to prosecutors.

Peters said that two weeks after the shooting, police interviewed Pichelman but did not note in their report that he had long hair and tattoos that would have been readily identifiable by the witness.

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