Officer arrested for malicious assault
By MICHAEL D. McELWAIN/mmcelwain@reviewonline.comCHESTER - Officers with the Hancock County Sheriff's Department arrested a Midland Borough police officer and charged him with malicious assault following a June 7 incident at Kamikaze's Nightclub outside Chester.
Brian Michael Lynk, 30, from Aliquippa, was off duty while at the nightclub as was another Midland Borough police officer, Bruce Alan Tooch Jr., 26.
Both Lynk and Tooch were carrying concealed, personally-owned handguns during the June 7 incident, and according to the initial report from Sgt. Chuck Stanley of the Hancock County Sheriff's Department, both Lynk and Tooch's weapons ended up on the ground during one point.
On June 7 at approximately 1:30 a.m., the sheriff's department was notified about a fight in the parking lot of Kamikaze's. When deputies arrived, Matthew Molish, 21, of Industry, was already lying on the parking lot ground surrounded by several people, according to Stanley's report.
Molish was semiconscious and bleeding from the face, and an ambulance was summoned.
According to Stanley, "witnesses immediately identified" Lynk as being the person who assaulted Molish. Lynk was present at the scene.
Deputies identified and briefly interviewed numerous witnesses, and Molish was transported to East Liverpool City Hospital for treatment.
Stanley said the investigation indicated that during the altercation, Lynk and Tooch's handguns accidentally came out of their waistbands and had fallen to the ground. Lynk had immediately re-secured his handgun, and officers responding to the call searched and recovered Tooch's handgun from off the ground.
"According to all witnesses at the scene, neither officer had displayed or brandished the firearms in any manner. They had simply dropped them on the ground," Stanley wrote in his report. The deputy added that federal law does allow off-duty law enforcement officers to carry concealed handguns in other jurisdictions and states.
Later in the evening, Molish was airlifted to Allegheny General in Pittsburgh with serious facial injuries including a broken eye socket, a laceration to his nose and a chipped tooth. Molish has since been released from the hospital and was referred to a specialist for follow-up care, Stanley noted.
According to the official criminal complaint, Stanley spoke with hospital personnel who "advised that the injuries had to have been caused by numerous blows to the face, possibly even a kick."
Stanley furthered the investigation by conducting additional interviews with witnesses.
"The general consensus of most of the statements obtained indicate that Molish was highly intoxicated and was in a sitting position near the ground in a drunken stupor in the doorway on the passenger side of a car," Stanley said. "An argument had started between several people, including Lynk, around Molish, mostly due to Molish's drunken condition."
It was later determined that Molish had a .30 blood alcohol concentration level that night, Stanley added.
The complaint further suggests, "Most witnesses say that Lynk just turned around and began punching Molish repeatedly in the face as he sat in his position, causing him to fall over. Some indicated that he (Lynk) kicked Molish at this time as he lay prone on the ground."
People from the club reportedly went over and were able to grab Lynk to end the altercation.
Some witnesses with Lynk told Stanley that Molish "had suddenly come out of his drunken stupor and had grabbed Lynk from behind. Lynk turned around, seeing Molish getting ready to punch him, and had punched him once, causing him (Molish) to fall over and hit his head on the car," according to the complaint.
However, Stanley said, "There was no clear indication from the facial injuries that Molish had any marks caused by any solid object such as striking the door pillar of the car during his fall nor hitting his face off of the asphalt."
Based on the independent witness statements, Stanley said the "statements from those with Molish are more credible than Lynk and his witnesses" and so the felony arrest warrant was issued.
On Friday, Lynk surrendered himself at the Hancock County Jail and was arraigned by a Hancock County magistrate. Lynk is currently out on bond pending his next court date.
Phone calls to the Midland Borough Police Department were not returned Saturday.
