CUSTER COUNTY— A case over two years old finally sees an end as David Lynch Jr. will be headed to prison. Lynch was arrested in 2016 after beating his girlfriend while she held on to their child. County Attorney Steve Bowers expressed his concern to the court about Lynch, stating the facts of the case as well as Lynch’s long assault history spanning over ten years.
According to Bowers, in 2016 Lynch and his girlfriend engaged in an argument which resulted in a stuffed animal being thrown. The girlfriend then picked up their child and Lynch proceeded to punch the girlfriend’s face repeatedly while she held the child away from her body to protect it from the punches. The girlfriend then hid in a closet while Lynch kicked and punched the door trying to get in. Lynch then pulled a gun and in the process, the magazine fell out of the weapon.
The girlfriend was able to grab the magazine and flee the house in a vehicle, however, one round remained in the chamber. As she drove away from the house, Lynch then fired the weapon into the air. Lynch was arrested on several charges including use of a weapon to commit a felony, use of a weapon by a prohibited person, domestic assault, terroristic threats, and child abuse.
Throughout the past couple of years, the charges related to the weapon were dropped while the charges of domestic assault, terroristic threats, and child abuse were pursued to which he was found guilty of at a previous appearance in court. At sentencing on Thursday, September 20, Bowers recommended two to three years in prison for each count previously listed while Lynch’s attorney Michael Borders asked for probation.
Borders stated that while the State was trying to pull on the emotions of the court, Lynch had not had a single law violation since the incident occurred. He also noted that his girlfriend supported him as well as having a child to take care of.
Judge Karin Noakes made her ruling to the court that she was very disappointed in Lynch for not receiving the help he needed. She noted that he had the chance through all of the continuances that kept the case from being decided a long time ago to get help. Judge Noakes also said that the circumstances of the crime were very serious and that he could have spent the rest of his life in prison before the weapons charges were dropped.
Judge Noakes sentenced Lynch 3 years in prison for each count of 3rd degree assault (2nd Offense), terroristic threats, and child abuse all to be served in concurrent with one another. Lynch was then remanded into the custody of the Custer County Sherriff’s Office.
Only one other case was scheduled for sentencing and thanks to the recommendation of the County Attorney as well as the defendant’s attorney Michael Borders, Matthew McAlevy will not be headed to prison. Borders and County Attorney Steve Bowers both agreed that while McAlevy did violate his probation for missing meetings it was due to developmental issues and not because he just simply did not want to go.
Judge Noakes stated to the court that before hearing each attorney she had full intention of sending McAlevy to prison. However after listening to each attorney she would follow their recommendations and allow McAlevy to remain on probation.
Gabriel Beck and Dustyn Neaterous appeared in court on Thursday and both pled guilty to possession with intent to deliver marijuana as well as possession of a controlled substance, methamphetamine. Both men were voted into drug court and Judge Noakes ordered them to report to drug court later in the afternoon.
Mathew Thomas pled guilty to possession of a deadly weapon and was scheduled for sentencing on November 1. Christopher Gallett also pled guilty to a violation of the sex offender act and was scheduled to appear on November 1 for sentencing.
