'I felt it was either him or me,' defendant testifies in Banksville Road shooting death

Connor Makstutis felt like he was being hunted.

For months, he told a jury on Thursday, Richard Derkach had been following him, threatening him — even chasing him.

It became so bad, Makstutis said, that the day after Thanksgiving in 2022 — when Derkach chased him through Brookline at speeds of 55 mph — Makstutis bought a gun.

“I bought it for my protection, my safety,” Makstutis testified. “I was scared he was going to shoot me.”

But four months later, it was Makstutis who shot Derkach.

He is on trial this week before Allegheny County Common Pleas Judge Thomas E. Flaherty on a charge of criminal homicide after killing Derkach, 34, of Pittsburgh during evening rush hour on March 13, 2023.

Makstutis, 25, of Beechview admits he was the shooter but claims he acted in self-defense.

The jury is scheduled to hear closing arguments on Friday before beginning deliberations.

On Thursday, Makstutis spent about an hour on the witness stand testifying on his own behalf.

Police said that he shot and killed Derkach at the intersection of Banksville Road and Crane Avenue at 4:48 p.m. that day.

Video from the scene showed Derkach, who stopped his minivan behind Makstutis’ silver pickup truck at a red light, approach the man’s driver’s side window.

Seconds later, the video shows Derkach flinch and run back to his vehicle. He drove about 100 yards before stopping.

Derkach had been shot in the chest and died a short time later.

Makstutis fled the scene and drove immediately to Pittsburgh police headquarters where he turned himself in.

The prosecution told the jury during opening statements on Wednesday that Derkach was unarmed when he approached Makstutis’ window that day, and that Makstutis is guilty of criminal homicide.

But Makstutis testified that he was terrified based on several previous interactions he’d had with Derkach — including two that Derkach video recorded and then sent to people in their neighborhood.

According to Makstutis, at one time, he had been best friends with Derkach’s brother. But about 10 months before Derkach was killed, Makstutis’ former girlfriend started hanging out with Derkach, and Makstutis made a derogatory comment about it. It prompted Derkach to begin harassing him, Makstutis said.

In May 2022, he told the jury that Derkach fired shots into Makstutis’ mother’s home. The incident was reported to police, but Makstutis didn’t name any suspects.

After that, for a few months, Makstutis continued, there wasn’t any trouble.

“I thought things with them had died down — maybe they weren’t mad at me no more,” he testified.

But then as Makstutis drove home from Thankgiving dinner that year, he passed Derkach in his minivan.

When he got to his house, Makstutis continued, he saw Derkach coming down his street.

“I jumped back in my car,” he told the jury. “He started to chase me. I was scared. I didn’t know what was going to happen.”

Although Makstutis was able to get away, he testified that he later received multiple copies of a video of the chase that Derkach had recorded and sent to people.

“The next morning I woke up and went and bought a firearm,” Makstutis said.

Then, the next month, the defendant continued, he was walking home from a neighbor’s house when Derkach drove down the road, put his window down and pointed a gun at him.

Makstutis ran through neighbors’ yards to get away, he said.

A month later, Makstutis told the jury, he was getting gas on the North Side when Derkach pulled up. His brother got out of their minivan, and approached Makstutis, who got back in the car.

The brother then threw a knife at the car as Makstutis fled.

That incident was also recorded and sent to people, Makstutis said.

Defense attorney Lee Rothman played both videos in court for the jury. He also displayed the receipt for Makstutis’ gun purchase.

During his testimony, the defendant also testified that Derkach approached Makstutis’ uncle and father and made threats.

Then, Makstutis described to the jury what happened on March 13, 2023.

Makstutis had been at his mom’s house and left to get her a sandwich at Arby’s. As soon as he pulled out, he said, the minivan was following him.

Makstutis said he ran a stop sign and a red light, making fast turns to try to get away, but he couldn’t lose the minivan.

Derkach, he continued, kept trying to force Makstutis’ truck into the jersey barrier on Banksville Road.

Then, the defendant said, he got stuck at a red light and was forced to stop.

“I was terrified. I thought I was going to get ripped out of my car, beaten up,” Makstutis testified. “I tried to go through the intersection, but there were cars coming.”

Then, he continued, he saw Derkach walking toward the driver’s side window.

“He told me, ‘There ain’t nowhere to run now, [expletive,]’” Makstutis recounted. “‘You’re a dead man.’”

Makstutis said he cocked his gun and told Derkach to leave him alone.

“‘You got a gun? Give me a sec, let me get my gun,’” Makstutis said Derkach replied.

And Makstutis fired three times.

“I felt like I was being hunted,” he said. “At the time, I felt it was either him or me.”

During cross-examination, Assistant District Attorney Matthew Newman asked Makstutis repeatedly if he’d ever gone to the police to report any of the instances he’d described to the jury.

“I didn’t tell the police nothing,” Makstutis responded.

“You never told police?” Newman asked.

“No,” the defendant responded.

“A man threatened your life, and you didn’t tell police?” Newman continued.

“No,” Makstutis answered.

Later, when Rothman asked him to explain why, Makstutis answered, “because in my neighborhood, you just don’t talk to police.

“It will just make matters worse.”