Marc Zolchonock celebrated his father’s 65th birthday quietly last week, nearly four years since the Swan Lake man’s unsolved murder.

“There are times I just want to have a conversation with him. I still think of the last time that I hugged him in the driveway,” says Marc Zolchonock.

Israel “Ira” Zolchonock was killed the night of May 19, 2021, when state police say he was fatally beaten by a group of partiers on Stanton Corners Road, where Zolchonock lived, after he allegedly used a racial slur while asking them to turn down their loud music.

His son says the 61-year-old suffered a fatal blow to the back of the head.

State police say witnesses identified people in the attack, but no arrests have been made, and the case remains open. Sullivan County District Attorney Brian Conaty wasn’t in office when the fatal beating occurred but told News 12 in 2023 that his office would review the case. Last week, he told News 12 his hands are tied.

“As that case remains under investigation by the New York State Police, I cannot comment but my office has no authority to prosecute the case until they make an arrest,” Conaty said.

Syracuse law professor and former upstate prosecutor Rick Trunfio, however, says that’s not true.

“District attorneys in the state of New York have the ability to prosecute cases without a police arrest,” Trunfio says. “The role of a prosecutor is not to just rubber stamp police, it’s to ensure justice is done.”

Trunfio says, while he’s not familiar with the details in the case, there could be several reasons why it remains unsolved.

“Just because there’s no arrest doesn’t mean law-enforcement isn’t doing their job,” he says.

The victim’s son says authorities haven’t said why. “It’s very frustrating. I feel like I’m getting recycled responses at this point.”

Marc Zolchonock says his father called him to say hello the night he died but that he was killed before he had a chance to call back.

“There’s times I still listen to the last voicemail that he left me,” says his son.

A 5th annual motorcycle “Ride For Ira” is planned for June 15 and is expected to begin at 11 a.m. outside of the Swan Lake Fire Department on Stanton Corners Road.