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Judge gives mixed verdict in attack on East Beth commissioner

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A Washington County judge delivered a mixed verdict Friday in the trial of a Deemston man accused of beating an East Bethlehem Township commissioner.

Judge Gary Gilman found David A. Lingis, 39, guilty of simple assault and harassment against 70-year-old Paul Battaglini. Gilman acquitted Lingis of aggravated assault, the most serious charge he faced.

Lingis is free on bond. Gilman set sentencing for Aug. 21.

The judge heard testimony in Lingis’ nonjury trial Tuesday. State police charged Lingis in the Dec. 16, 2016, attack which occurred at Riviera Restaurant, Lounge and Hotel during the township Christmas party.

Police said Lingis had followed the older man into the bathroom, where they were alone before other patrons heard commotion. One went in to see what had happened, finding Battaglini unconscious on the floor by a cracked toilet.

During the trial, Assistant District Attorney Craig McKay argued testimony from several people that Lingis said he’d kill “him” or “Paul” as he was pulled from the restroom showed his intent to hurt Battaglini.

He was treated at Allegheny General Hospital in Pittsburgh for a concussion, black eye and bruising of his chest and neck.

Gilman wrote in his two-paragraph decision the court “does not accept (Lingis’) justification claim.”

Called by his defense attorney, Christopher Blackwell, Lingis testified Battaglini insulted his family members and used profanity in the bathroom.

Then, Lingis said, Battaglini shoved him against a wall. Lingis said he “immediately shoved back.”

Some testimony also centered on whether then-township police chief Mark Pompe, who was also at the bar that night, had put Lingis up to it.

Pompe was shown in surveillance footage making a gesture to get his attention before Lingis followed Battaglini into the bathroom.

Pompe was suspended during the investigation but returned to the job in March 2017. The township disbanded the department and contracted with nearby Centerville for police services later that year.

On Tuesday, Pompe testified he “was just trying to get a rise out of” Lingis, who he didn’t think would actually hit the commissioner.

In a separate case, Lingis was arrested late in March in connection with an incident when he allegedly slammed a door on his wife. Charges of simple assault and harassment were dismissed at an April preliminary hearing.

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