CRIME - POLITICS - NIGHTLIFE - HOMETOWN: WEST CHESTER, CHESTER COUNTY, PENNSYLVANIA

13 October 2009

ACCUSED ROBBER FACES NEW CHARGES

LEACOCK, Lancaster County – A man accused of a 2002 robbery of a Caln convenience store is once again in trouble with the law, this time after allegedly assaulting his girlfriend in Lancaster County over the weekend.

Tpr. Samuel Laureto of the State Police Ephrata station responded to a residence in the Gordonville section of Leacock Township, Lancaster County early Saturday morning for a report of an assault. The woman told troopers that her boyfriend, Calvin Bartholemew Lynch, 31, of the 200 block of Maple Street, Gordonville, assaulted her and confined her to her bedroom in a nearly eight hour ordeal in what troopers described as an "completely unprovoked" assault.

According to the Lancaster Intelligencer, the victim told troopers that Lynch arrived at her residence at around 00:30 Saturday morning. Lynch allegedly woke the victim "by delivering several blows with a baseball bat. He then proceeded to choke the victim unconscious." Lynch reportedly kept the woman confined to her bedroom by threatening more violence, according to news accounts. Lynch left the residence nearly eight hours later, allegedly taking the couple's cell phone with him. The victim told troopers that Lynch had been smoking crack cocaine throughout the assault.

The victim was transported to Lancaster General Hospital and treated for multiple lacerations, head trauma, and a fractured elbow.

Lynch was apprehended the following day at a relative's home in Salisbury Township, Lancaster County. He was charged with Aggravated Assault, Unlawful Restraint, REAP, Possession of a Controlled Substance, and Possession of Drug Paraphernalia. He was arraigned by Lancaster West District Judge Bruce Roth and committed to Lancaster County Prison in lieu of $100,000 cash bail; a preliminary hearing in the case is scheduled for Friday in front of Intercourse District Judge Issac Stoltzfus (02-3-05, CR-0000232-09).

If the name Calvin Lynch sounds familiar to those in the Chester County court system, there's a pretty good reason why. Lynch is currently facing trial in Chester County on charges relating to a June 5, 2002 robbery of the Turkey Hill store on Bondsville Road, Caln. In that incident, Lynch allegedly robbed the store of approximately $150.00 in U.S. currency that was in a donations jar. Lynch had reportedly been wearing a turban at the time of the Caln robbery; it was a similar method reportedly used in other robberies along the U.S. 30 corridor in Chester and Lancaster Counties.

The case drew attention when Lynch was charged with the robbery nearly five years after it had occurred.

The charges were originally filed in Lancaster County after State Police investigators had charged Lynch with other in Chester and Lancaster Counties in 2002 and 2003. The charges relating to the Caln robbery were subsequently dismissed in Lancaster County and filed in Thorndale District Court on June 20, 2007.

In 2008, Lynch's attorney, Christian Hoey, had sought for a dismissal of charges, arguing that the statute of limitations in the case had expired. The motion was subsequently denied by Common Pleas Judge David Bortner.

Lynch had been scheduled to go to trial on the charges on April 14. A jury had been seated before the case was continued over allegations that the Commonwealth had failed to turn over possible exculpatory evidence in the form of police reports relating to the investigation. The trial is scheduled for November 9 in front of Judge Bortner, however that will depend on the resolution of evidentiary issues that remain outstanding.

Lynch was out on $10,000 cash bail at the time of his arrest over the weekend on the Chester County case (CP-15-CR-0004771-2007).

Additionally, Lynch is currently awaiting trial in Lancaster County on PWID charges stemming from an August 23, 2007 investigation conducted by the State Police in Paradise Township, Lancaster County. Lynch was charged on June 18, 2008 and is scheduled for trial in November, though no formal date had been set as of yet. Lynch had posted $5,000 cash bail the day after he was arrested (CP-36-CR-3368-2007).

It might be fair to say that Lynch has a lot at stake with the current charges in Chester and Lancaster Counties, considering his extensive criminal history:

  • October 9, 1997: Police in Christiana Borough, Lancaster County, investigate a robbery in which Lynch is identified as a suspect. Lynch is subsequently charged with Robbery, Burglary, Criminal Trespassing, Simple Assault, and Criminal Mischief (CP-15-CR-0004893-1997).
  • November 1, 1997: Christiana Police charge Lynch with Fleeing/Eluding Police, TBUT, Receiving Stolen Property, and seven traffic offenses after a vehicle pursuit (CP-36-CR-0000496-1998).
  • November 28, 1997: State Police in Lancaster investigate a reported theft in which Lynch is subsequently charged with TBUT, Criminal Attempt to Theft, and Criminal Conspiracy (CP-15-CR-0001162-1998).
  • November 29, 1997: Tpr. Joseph Fanning of the State Police Avondale station investigates a report of a stolen vehicle in West Fallowfield in which Lynch is charged on January 18, 2000. Lynch is incarcerated at SCI Huntingdon at the time the complaint is filed (CP-15-CR-0000303-2000).
  • December 5, 1997: Ofc. James Peters of the West Sadsbury Police investigates a reported theft in which Lynch is subsequently charged with TBUT, Receiving Stolen Property, Unauthorized Use of a Motor Vehicle, and Criminal Mischief.
  • December 14, 1997: Christiana Police charge Lynch with Fleeing/Eluding Police, Unauthorized Use of a Motor Vehicle, Receiving Stolen Property and six traffic offenses after a second car chase (CP-36-CR-0001185-1998). Parkesburg Police also charge Lynch with TBUT, Receiving Stolen Property, Unauthorized Use of a Motor Vehicle, and Criminal Mischief. The Chester County case is subsequently nolle prossed on April 3, 1998, presumably as a result of the similar charges in Lancaster County (CP-15-CR-0004893-1997).
  • December 17, 1997: State Police at Embreeville charge Lynch with Robbery, TBUT, Possession of Prohibited Offensive Weapon, Receiving Stolen Property, Terroristic Threats, Simple Assault, and Harassment following a robbery of a Turkey Hill store in Honey Brook in which $100.00 in U.S. currency was taken (CP-15-CR-0000212-1998). Troopers also investigate a stolen vehicle in PSP Avondale's territory on that same day (CP-15-CR-0000711-1998).
  • February 9, 1998: Lynch pleads guilty to Criminal Trespassing and Criminal Mischief in the October incident and to TBUT and Fleeing/Eluding Police relating to the November 1, 1997 car chase. Lancaster County Common Pleas Judge Louis Farina sentences Lynch to one year less one day to two years less one day in Lancaster County Prison plus two years of probation consecutive to parole.
  • March 30, 1998: Lynch pleads guilty to TBUT and Criminal Conspiracy for his role in the November 28, 1997 theft case and to Fleeing/Eluding Police and is sentenced to what appears to be a jail sentence concurrent with the previous sentence imposed by Judge Farina.
  • July 8, 1998: Lynch pleads guilty to separate counts of TBUT relating to the December 17, 1997 incidents and to a count of Robbery in the Honey Brook Turkey Hill incident in front of Common Pleas Judge Thomas Gavin. Lynch is sentenced to 6-to-23 months at CCP plus four years of probation consecutive to parole in the theft cases and to a consecutive state prison term of 1-to-2 years for the robbery count.
  • June 27, 2000: Upon parole from SCI Huntingdon, Lynch is arraigned on the West Fallowfield case and committed to CCP in lieu of $5,000 cash bail.
  • December 14, 2000: The case from West Fallowfield is withdrawn as Lynch pleads guilty to a summary charge of Criminal Mischief in front of Parkesburg District Judge Robert Gill (15-3-07, CR-0000017-00).
  • June 5, 2001: Tpr. Maurice Tomlinson of the State Police/Embreeville station is involved in a vehicle pursuit of Lynch in which Lynch strikes a police cruiser and injures a police officer. Lynch is subsequently charged with Aggravated Assault, Simple Assault, REAP, Resisting Arrest, Fleeing/Eluding Police, Harassment, DUI, and several traffic offenses. Lynch is arraigned the following day by Pottstown District Judge James D'Angelo and committed to CCP in lieu of $15,000 cash bail (CP-15-CR-0002916-2001).
  • January 29, 2002: Judge Gavin reduces Lynch's bail to $1.00 nominal bail, which is posted on February 7, 2002.
  • May 18, 2002: State Police at Lancaster investigate a reported theft in Paradise Township in which Lynch is subsequently charged with Conspiracy to Burglary, TBUT, and Corruption of Minors. The case is subsequently nolle prossed in 2004 (CP-36-CR-0002749-2003).
  • May 30, 2002: Judge Gavin orders Lynch's bail forfeited and a bench warrant is issued for Lynch's arrest.
  • June 5, 2002: Coatesville Police investigate a reported arson in the city in which Lynch is subsequently charged with Arson, Risking a Catastrophe, REAP, Terroristic Threats, Simple Assault, Criminal Mischief and False Identification to Law Enforcement (CP-15-CR-0005067-2003). Lynch is also taken into custody on the bench warrant issued by Judge Gavin.
  • July 9, 2002: Lynch pleads guilty to Aggravated Assault, Receiving Stolen Property, and DUI in front of Judge Gavin and is sentenced to 2 ½ to 5 years in state prison, followed by five years of probation consecutive to parole.
  • July 21, 2004: Lynch pleads guilty to REAP and Criminal Mischief relating to the Coatesville incident in front of Judge Gavin and is sentenced to 1-to-23 months at CCP plus one year of probation consecutive to parole.
  • October 14, 2004: Cpl. David Kennedy of the State Police Embreeville station files charges of Robbery, Aggravated Assault, TBUT, and Simple Assault relating to the Turkey Hill robbery in Caln; the case is filed in Judge Stoltzfus' court in Lancaster County. The case is dismissed in Lancaster County on March 14, 2005 over a procedural error, in which the Caln robbery and a robbery in Paradise Township in which a clerk at a Getty Mart on U.S. 30 was stabbed with a screwdriver were filed together; Judge Stoltzfus ruled that the case should have been filed in Chester County instead of Lancaster County (02-3-05, CR-0000194-04).
  • March 25, 2007: Tpr. Joseph Harper of the State Police Lancaster station charges Lynch with 1543-B, and Habitual Offenders after a traffic stop in Leacock Township. Lynch is released on summons pending a preliminary hearing.
  • June 20, 2007: Charges in the Caln robbery are re-filed in Thorndale District Court; Lynch is arraigned one week later and subsequently released after posting $10,000 cash bail.
  • August 23, 2007: State Police investigate Lynch over a suspected drug deal in Paradise Township.
  • June 18, 2008: Lynch is arraigned on PWID charges in Lancaster and is released the following day after posting $10,000 bail. Trial is pending in Lancaster County Common Pleas Court (CP-36-CR-0003368-2008).
  • December 29, 2008: Lynch pleads guilty to the Habitual Offenders charge in Lancaster County; Lancaster Common Pleas Judge Joseph Madenspacher places Lynch on one year probation (CP-36-CR-0002863-2007).
  • August 13, 2009: A hearing over Lynch's motion to dismiss the robbery charges is held in front of Judge Bortner. A ruling is expected on the motion is expected soon.
  • October 11, 2009: Lynch is arrested by State Police after allegedly assaulting his girlfriend at her home in Leacock; Lancaster West District Judge Bruce Roth commited Lynch to Lancaster County Prison in lieu of $100,000 cash bail.

Between the robbery case in Chester County, the PWID case in Lancaster County, and the new assault case in Lancaster County, it's fair to say that Lynch may be returning to state prison sooner rather than later.

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Creighton Rabs
West Chester, Pennsylvania, United States
I have lived in West Chester since 1995. For the past 2 years, Unplugged has covered crime and the courts, primarily in the West Chester area. With the launch of Unplugged v.2.0, the focus is expanding to include coverage of borough government meetings, comments about the borough's nightlife, and some random thoughts in general.
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STORY LABELS

COMMON TERMS/ABBREVIATIONS

1543 - The section of the Pennsylvania Motor Vehicle Code relating to Driving a Motor Vehicle Under Suspension; 1543-A is a Non-DUI Related Suspension, 1543-B is a DUI Related Suspension
ARD - Accelerated Rehabilitative Disposition (program for non-violent first time offenders, mainly DUI cases, but not exclusive to DUI)
CCH - Chester County Hospital
CCP - Chester County Prison
GFAC - Good Fellowship Ambulance
IPP - Intermediate Punishment Program (alternative to full incarceration for certain non-violent offenses)
Lima Labs - The PSP Regional Laboratory in Lima, Middletown Twp, Delaware County; the mandated fee for DUI/Alcohol related testing is $70, the drug testing fee is $105
Medic 91 - CCH Paramedics
PWID - Possession With Intent to Deliver a Controlled Substance (ie. Drug Trafficking)
REAP - Recklessly Endangering Another Person
SCI - State Correctional Institute (aka State Penitentary)
Summary Disposition - An agreement between the Commonwealth and a defendant, usually at the District Court level, where misdemeanor are withdrawn in exchange for a guilty plea to a summary offense if certain conditions (ie. drug/alcohol treatment, community service, restitution) are complied with; non compliance can mean an automatic waiver to Common Pleas Court
TBUT - Theft by Unlawful Taking
Treatment Court - What the Common Pleas Court refers to as it's Restrictive Intermediate Punishment (similar to IPP, but for offenses graded as "Level 3 or 4" according to state sentencing guidelines)

OFFICE FINDER FOR JUSTICE CENTER

WEST Wing of Justice Center faces North New Street;
EAST Wing of Justice Center faces North Darlington Street


1ST Floor WEST

Sheriff's Office

1st Floor EAST

Cafeteria
Clerk of Courts
District Court 15-1-01
Prothonotary

2nd Floor WEST

Adult Probation and Parole
Register of Wills/Clerk of the Orphan's Court

2nd Floor EAST

Bail Agency/Pre-Trial Services
Law Library
Public Defender's Office

3rd Floor WEST

Juvenile Probation

3rd Floor EAST

Domestic Relations

4th Floor WEST

Court Administration

4th Floor EAST

Chester County Detectives
District Attorney
Warrant Enforcement Bureau

5th Floor WEST

Master's Rooms

5th Floor EAST

Court Reporters
Jury Commissioner's and Juror Assembly Room

6th Floor WEST

Courtrooms #9, #10, #11, and #12

6th Floor EAST

Courtrooms #14, #15, #16, #17, #18, and #19

7th Floor WEST

Courtrooms #1, #3, and #4

7th Floor EAST

Courtrooms #2, #5, #6, #7, and #8

COMMON PLEAS COURT JUDGES COURTROOM ASSIGNMENTS

CR #1 - President Judge Paula Francisco Ott
CR #2 - Judge Thomas Gavin
CR #3 - Judge Robert Shenkin
CR #4 - Judge William Mahon
CR #5 - Judge Howard F. Riley, Jr.
CR #6 - Judge David Bortner
CR #7 - Judge James P. MacElree II
CR #8 - Judge Ronald Nagle
CR #9 - (RESERVED FOR FUTURE USE)
CR #10 - Senior Judge Charles Smith
CR #11 - Judge Edward Griffith
CR #12 - Judge Anthony Sarcione
CR #13 - (NUMBER NOT USED)
CR #14 - Judge Phyllis Streitel
CR #15 - Judge John Hall
CR #16 - Judge Katherine Platt
CR #17 - Judge Jacqueline Cody
CR #18 - (RESERVED FOR FUTURE USE)
CR #19 - (RESERVED FOR FUTURE USE)

COMMON PLEAS COURT CRIMINAL TERMS

BORTNER (6)

Sept. 28-Oct. 9
Nov. 9-20

GAVIN (2)

Sept. 14-Oct. 2
Oct. 26-Nov. 6
Nov. 30-Dec. 12

MacELREE (7)

Oct. 26-Nov. 6

MAHON (4)

Sept. 14-Oct. 9
Oct. 26-Nov. 20
Dec. 7-18

NAGLE (8)

Oct. 12-23
Nov. 9-20

RILEY (5)

Oct. 5-16
Nov. 9-20
Dec. 14-18

SARCIONE (12)

Rotation I

Oct. 12-23
Nov. 23-Dec. 4

Rotation II

Sept. 28-Oct. 9
Nov. 9-20

STRIETEL (14)

Oct. 26-Nov. 6
Dec. 7-18

COMMON PLEAS COURT "SIGNING JUDGES"

The "signing" judge for the week has many purposes in Chester County:

Serve as the on-call judge available to sign warrants that fall under the jurisdiction of the Common Pleas Court (ie. wiretap warrants)
Hear all Protection From Abuse (PFA) orders - Mondays
Preside over the admission and removal hearings for the ARD program - Tuesdays
Preside over "72-hour" bench warrant hearings - Mondays, Wednesdays, and Fridays
Preside over appeals to PennDOT regarding driver license suspensions - Thursdays
Preside over video Gagnon I hearings - Fridays

Over the course of the signing judge's week, typically referred to as the Miscellaneous List (Misc. List), Gagnon II hearings, summary appeals, expungement hearings, sentencings, and pre-trial motions are also heard. On some weeks, other judges will have Misc. List matters, however the signing judge handles all of the above listed matters for the week.

2009

Sept. 28-Oct. 2: Shenkin
Oct. 5-9: Smith
Oct. 12-16: Streitel
Oct. 19-23: Mahon
Oct. 26-30: Sarcione
Nov. 2-4: Smith
Nov. 5-6: Ott
Nov. 9-13: Shenkin
Nov. 16-20: Gavin
Nov. 23-24: Hall
Nov. 25: MacElree
Nov. 30-Dec. 4: Mahon
Dec. 7-11: Bortner
Dec. 14-18: Griffith

DISTRICT COURT AFTER-HOURS "ON CALL" SCHEDULE

The On-Call District Judges handle preliminary arraignments for criminal cases, issue emergency Protection From Abuse orders, and accept bail postings outside of the District Court system's normal hours.

The below schedule may be subject to change. To confirm who the on-call MDJ is, contact Chester County Police Radio at (610) 383-7000.

The 2009 schedule listed below is a tentative listing based on the current schedule cycle. The confirmed 2010 District Court on-call schedule will be posted once it becomes available from Court Administration.

November 2009

27: MDJ Kraut/West Goshen (20:00-23:30 only)
28-29: MDJ Cabry/Honey Brook
30: MDJ Scott/Lionville

December 2009

1-2: MDJ Scott/Lionville
3-5: MDJ D'Angelo/Pottstown
6-8: MDJ Maisano/Kennett
9-11: MDJ Farmer/Oxford
12-14: MDJ Cabry/Honey Brook
15-17: MDJ Gill/Parkesburg
18-20: MDJ Blackburn/Chesterbrook
21-23: MDJ Valocchi/Thorndale
24-26: MDJ Smith/Exton
27-29: Avondale
30-31: MDJ Knapp/Union Street

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