Lynch hit-run case encounters roadblock
DA doubts that Bills player faces risk of jail
The aborted meeting Monday afternoon between Marshawn Lynch’s attorney and Erie County prosecutors virtually doomed any hopes for a quick resolution of the Bills running back’s criminal case.
But that doesn’t mean it increased the chances of Lynch going to jail.
While every case is different, jail time for a first-time defendant charged with leaving the scene of an injury accident would be “quite unusual,” Erie County District Attorney Frank J. Clark said Monday.
“It depends on the circumstances,” Clark said. “Under normal circumstances, it would be quite unusual that a person charged with that would go to jail.”
Based on what he knows about the Lynch case, Clark was asked specifically whether he thinks it’s likely that the Bills star could serve jail time.
“That would be a judge’s call,” he replied. “In cases like this, normally, they don’t go to jail.”
Michael S. Taheri, an Amherst defense attorney who has written extensively about traffic offenses, agreed, citing what he knows about the case. Authorities have said Lynch’s SUV struck a woman on Delaware Avenue at Chippewa Street early on the morning of May 31.
“It seems that incarceration does not seem necessary, given his employment history, his lack of a criminal record and the lack of any serious injury,” Taheri said.
Clark made his comments shortly before his highly anticipated meeting with Lynch’s attorney, Michael P. Caffery. But that meeting never came off. Instead, Caffery met for just five minutes with other members of the district attorney’s staff.
“He wanted a precondition to his disclosing the information, and that was not something we were willing to give,” Clark said.
“We’re weren’t able to work out a resolution, so the matter is going to move forward,” Caffery said later.
“I’m still advising my client not to make any statements, at this time, to the district attorney’s office or the Police Department,” Caffery added.
The brief meeting derailed plans of a quick settlement to Lynch’s potential criminal case. Friday, Clark told reporters he wouldn’t be surprised if Lynch were charged this week with a misdemeanor count of leaving the scene of a personal-injury accident.
“Resolving it early this week is now a lot less likely,” Clark said. “If I have to resort to a grand jury to compel witnesses to testify, that’s going to drag it on for weeks. But I would only do that as a last resort.”
What’s next? “Now we pursue other options,” Clark said. “We have a number of people we’d like to speak to. We know there are people out there who have information and can help us.”
That would include anyone who may have been with Lynch that night, whether they’re teammates or not.
Clark reiterated his stance that Lynch’s and Caffery’s decision not to provide details does not open the Bills player to any additional charges.
“He has an absolute constitutional right not to say anything, and he’s exercising it,” the district attorney said. “I don’t see it as obstructionist at all.”
Every case has its variables, which could determine the severity of the penalty, if Lynch either admits he was the driver or if that is proved in court.
Among those variables are:
• The severity of the victim’s injury.
Sources have said the victim, Kelly Shpeley, 27, of Milton, Ont., suffered two large bruises near her hip and received seven stitches before being released from Buffalo General Hospital.
• Any extenuating circumstances, such as a defendant’s claim that he didn’t realize he had struck anyone.
Officials have said it was a dark and rainy night.
• Any evidence that the driver had been drinking.
Witnesses have told investigators that Lynch was seen in Chippewa Street bars that night.
“That might be a factor,” Clark said, “but it’s virtually impossible for us to determine whether he was intoxicated.”
• The cooperation of the defendant and his attorney.
“The easier you make it on us, the more likely we are to make it easy on you,” Clark said. “They haven’t cooperated at all with us.”
Meanwhile, Lynch told the Associated Press on Monday that he had laser surgery performed on his eyes Friday, the day he missed Bills practice. Lynch showed up at practice Monday but did not participate due to the laser surgery.
