Lynch might face charges in hit-run
Other legal problems loom for Bills star
District Attorney Frank J. Clark says charges remain possible against Buffalo Bills football star Marshawn Lynch in a hit-and-run accident last Saturday.
“I would not be at all surprised if he is charged early next week with a misdemeanor count of leaving the scene of an injury accident,” Clark said.
And according to legal experts, the accident could cause other problems for the Bills running back.
Potentially, even a misdemeanor conviction could complicate Lynch’s efforts to cross the border into Canada for two Bills games scheduled in Toronto, experts said.
Even without a criminal conviction, Lynch could face an expensive civil lawsuit by the woman who was hit by his Porsche sport utility vehicle, according to two local attorneys who specialize in representing accident victims.
Shortly before Clark’s remark about a potential criminal charge, Michael P. Caffery, Lynch’s attorney, had attended a brief meeting in the district attorney’s office. Clark said Caffery will return to his office Monday for a much more in-depth discussion, but he did not expect Lynch to attend.
Lynch has not spoken to police since his vehicle struck and caused minor injuries to a 27-year-old Ontario woman early last Saturday at Delaware Avenue and West Chippewa Street.
The Buffalo Bills organization has also declined to comment on the case.
“Marshawn Lynch and his attorney are not required in any way to talk to us. We welcome them to talk with us, but that decision is entirely up to them,” Clark said, “Meanwhile, our investigation moves forward. We will get to the bottom of what happened here.”
Caffery was asked about the perception that this case has moved slowly.
“The police had to do their own investigation. I have acted to protect Marshawn’s rights, as I would for any client,” Caffery said. “It takes time to complete an investigation.”
Could a criminal conviction bar Lynch from crossing the border?
That could become an important question, in light of the Bills’ recent agreement to play some of their preseason and regular season games in Toronto.
The answer would depend on what charge he was convicted of, how that charge relates to Canadian laws, and any other legal problems Lynch might have on his past record, lawyers and Canadian authorities said.
“The bottom line is, when someone has criminal convictions in the [United States], we look to see how that conviction would apply to our laws in Canada,” said Madona Mokbel, a spokeswoman for Citizenship & Immigration Canada. “There are guidelines, but we decide these issues on a case by case basis.”
While not commenting directly on Lynch’s situation, Mokbel said entertainment and sports figures sometimes receive a “temporary resident permit” to enter Canada, even if they have a criminal conviction that would exclude most people from the country.
“Our government would look at the risk of the individual coming into our country, balanced against the benefit of them coming in,” Mokbel said. “If a person is a rock star or somebody who is going to come in and benefit Canada’s tourism, they might qualify for a temporary permit.”
But Michael E. Marszalkowski, a longtime Buffalo immigration lawyer, said Lynch should make sure he examines the situation closely before he takes any plea deal in the Buffalo case.
“A misdemeanor conviction in the [United States] definitely can, in some cases, cause people to be barred from entering Canada. Things have changed a lot in the past few years,” Marszalkowski said. “I’ve had clients who are excluded from Canada because of a misdemeanor [driving while intoxicated] conviction from years ago.
“I would advise Marshawn Lynch or anyone else in his situation to consult with a Canadian immigration attorney before taking any guilty plea in [the United States].”
Clark said he, too, wondered how a misdemeanor conviction might affect Lynch’s playing status across the border.
“I am a Bills fans myself,” he said, “but from a legal stand point, I don’t give two hoots whether he can play in Toronto or not. That’s his concern and the Bills concern, not my concern.”
The civil liabilities also are substantial, too.
“Whether there is a criminal case or not, he could be hit with a lawsuit, and in the lawsuits, the standards of proof would be different,” said Christopher J. O’Brien, an attorney who spoke to The Buffalo News with his law partner, Steve Boyd.
In a criminal case, prosecutors must prove beyond a reasonable doubt that a person is guilty, O’Brien said. In a civil case that goes to trial, jurors are instructed that their verdict should be based on “a preponderence of the evidence.”
“In a civil case, he can be sued even if there is no proof that he was driving the car,” O’Brien added. “As long as it was his car, and there is no proof that the car was stolen or driven by another person without his permission, Lynch would be liable.”
Meanwhile, Lynch did not attend Friday’s team practice. It was the first on-field workout he has missed this off-season.
Coach Dick Jauron did not discuss the reason for the absence,
saying only that it was a personal matter not related to the hit-and-run accident.
dherbeck@buffnews.com and gwarner@buffnews.com
