Businessman sentenced for beating East Beth commissioner
A Deemston businessman was sentenced to at least a month in jail Tuesday for attacking an East Bethlehem Township supervisor three decades his senior in the men’s room of a local bar during a township Christmas party.
Judge Gary Gilman imposed the sentence of 1 to 23 months in Washington County jail against 39-year-old David A. Lingis in connection with the beating that left Paul Battaglini, 71, unconscious on the night of Dec. 16, 2016, at Riviera Restaurant and Lounge on Front Street in Fredericktown.
Gilman found Lingis guilty of simple assault and harassment following a nonjury trial in late May.
Battaglini said following Tuesday’s hearing he thought the sentence was too light.
“I’m really not that happy,” he said.
State police said Lingis had attacked Battaglini, leaving him unconscious, while they were alone in the restroom. The victim was flown to Allegheny General Hospital in Pittsburgh and treated there for a concussion, black eye and bruising of his chest and neck.
Gilman found Lingis not guilty of aggravated assault, the most serious charge brought by police. In the June 1 order giving his verdict, he also rejected a claim by the defense that the attack was justified.
During Tuesday’s hearing, Battaglini and his wife, Michele, told the judge the beating still exacts a physiological toll on Paul and looms large in both their lives.
Battaglini said he’s been diagnosed with hypoxemia, an oxygen deficiency in the blood. He was recently diagnosed with severe sleep apnea, which he said stems from the head trauma.
“How has this affected me?” he added. “Well, I’m definitely not the person I was 20 months ago … I’m only 71 years old, most of the time I feel like I’m 85, content to sit in my chair, take my naps, not much of a desire to do anything.”
His wife said he struggled with basic tasks after he left the hospital and is “still so tired and lethargic. Still taking four or five naps a day, and they are long ones. If we do manage to go somewhere, he sleeps in the car.”
Lingis apologized to Battaglini during the hearing.
“I did not know it would escalate into anything like this,” said Lingis, who owns an auto repair shop in Fredericktown.
Defense attorney Christopher Blackwell described his client as a “respected member of the community” and father of two girls. He sought probation for Lingis.
Gilman rejected that request. Among the reasons he cited for his decision were several previous criminal cases Assistant District Attorney Craig McKay pointed out also involved alcohol.
The judge said he’d make Lingis eligible for work release while he’s in jail to allow him to run his business and provide for his family. He must report to the jail no later than Sept. 11.
McKay said Lingis would likely serve the first month of his sentence in jail and spend the balance of it on probation. The terms of his sentence bar him from having contact with Battaglini.
The sentence Gilman handed down is within the standard guidelines for the simple assault charge, a misdemeanor. For sentencing purposes, the lesser summary count of harassment was merged with the more serious charge.
During the trial, some testimony dealt with whether then-township police chief Mark Pompe, who was also at the bar that night, had egged Lingis on to carry out the attack.
Pompe, who was never charged in the case, was shown in surveillance footage making a gesture to get Lingis’ attention before Lingis followed Battaglini into the restroom. On the stand, Pompe testified he’d just been “trying to get a rise out of” the other man.
The township disbanded the department and contracted with nearby Centerville for police services later that year.
The Battaglinis attended the sentencing hearing with their attorney, Jeff Olup.
“We’ve certainly discussed it,” Olup said when asked if he expected to pursue civil litigation.
Battaglini was more specific, saying after the proceeding he expected to file a lawsuit against Lingis and Pompe.