Mike Moser "I Say" Published Oct. 22, 2004

Tale of two cases; who is happy?

One defendant shot and killed another human being. He received a 42-month jail sentence.
Another defendant shot at some people and hit no one. He was sentenced to eight years in prison.

"It is hard to rationalize the two cases here today," Criminal Court Judge Leon Burns lamented. The hour was approaching 8 p.m. when Judge Burns reasoned through the final sentencing hearing. When day was done, very few of the dozens of Cumberland Countians involved in Tuesday's court session were satisfied, including Judge Burns.

It has been popular in society to cry out about the deficiencies within our criminal court system. It is vogue to cry out for justice on behalf of victims. Yet, Tuesday the courtroom was half-full of supporters for the accused.

In the murder case, only the state's attorney and a local couple appeared wanting justice for that victim. In the attempted murder case, only one victim came to witness as state attorneys extracted a pound of flesh.

Charles "Randy" Lynch will turn 47 in jail Sunday, serving an eight-year sentence for trying to kill his estranged wife, Bertie Lynch, and George Hall, her boyfriend at the time. Oh yeah, there were four people inside Sisco's Leisure Time Billiards when he randomly fired a shot into the building as he tried to hit Bertie.

When arrested police found four guns ­ two loaded ­ inside Lynch's car. Testimony was that Lynch had talked about killing his estranged wife and her boyfriend ­ whom she later married but is now divorcing ­ and getting away with it because he had been treated for a mental defect.

Blackouts they called it. If Lynch had gotten help for this mental affliction, it didn't help. He still had presence of mind to load two guns, place four in his vehicle, and take off on an armed mad search for his estranged wife and her boyfriend.

In a remarkable show of forgiveness, Bertie took the stand and testified on behalf of her ex-husband. She did not want him to go to prison. All he needs is some counseling. Much was said about putting Lynch back in society to be "productive" again as a businessman.

In the end, Judge Burns found it hard to overcome the cause of this private domestic dispute that suddenly erupted in public. Reviewing testimony, Judge Burns noted that Lynch "was cheating on his wife and when she stepped out, he got angry ... what was good for the goose, was good for the gander, so to speak."

So Lynch took a 9 mm handgun, fired two shots into the rear of Bertie's car that was parked in front of Sisco, narrowly missing Bertie and George Hall. Bertie fled inside the bar as Lynch fired a third shot into the side of the vehicle, and then fired a shot into the front of the building, missing his fleeing wife. Before leaving he fired another shot into the car as Hall hunkered down in the floorboard and feigned death. Lynch left thinking he had accomplished his mission of killing Hall.

Assistant District Attorney John Moore asked for 10 years in prison. Defense attorneys Nicholas Bailey and David King sought probation. Burns handed down eight years in prison. No probation.

The case of Gary Roig was much more frustrating for the court. Roig by his own admission armed himself with two guns of different calibers, loaded shells separated by caliber into two separate pockets, and then cornered Melody Tate Gray in a garage and shot her six times.

Gray never had a chance.

Rationale for the shooting was that Roig was tired of Gray's dope smoking and drug use and tired of calls and visits to the house that he shares with Della Tate.

Something strange happened during that trial. Melody Tate Gray suddenly became the defendant instead of the victim and unexplainably it became OK, to an extent, to gun down a dope smoker. Using drugs suddenly became a worse crime than killing someone for using drugs.

Public sentiment was in Roig's court. Fine and outstanding citizens lined up to testify on his behalf and to tell the court of his reputation in the community as a do-gooder.

Roig is personable, friendly and talkative. A nice guy on the surface. He has worked untiringly, according to most accounts, to help elderly and shut-ins and in many cases, without expecting pay. Roig says helping the downtrodden and the helpless has been his mission.

Maybe, but Judge Burns could not reconcile the conflict between that mission and the mission Roig was on the day of the murder. Roig cornered Gray in a garage where he fired one weapon until it jammed, pulled out the second handgun, and finished the job. She was half his size.

"What could possibly be going through a man's mind?" Burns rhetorically asked.

Roig even told investigators he meant to kill her but didn't know if he could.

Supporters testified this was not the Roig they know. They said he just snapped. Same defense Lynch had.

Some things key to the case were withheld from the jury. Letters from Gray to Roig were not allowed into evidence. They may have shed some light into what was going on. The jury debated and finally returned with a finding of guilty of voluntary manslaughter, based on the information they had and lack of sympathy for the victim.

That verdict, coupled with state law, handcuffed the judge. Three to six years is all the law allows for the crime Roig was convicted.

To make things worse, state law requires a trial judge to consider the lower end of the 3-6 prison sentence in the absence of enhancing factors. Those factors don't exist.

Roig opted for a jury trial and his roll of the dice played out fine for him. He has probably already served his sentence sitting in jail, waiting for trial. Lynch, on the other hand, entered a guilty plea and threw himself on the mercy of the court.

Just another day at the foot of Lady Justice. Two cases solved. Twice as many added to the Criminal Court docket. In a worn out, tired, overworked court system, the shadow dance with justice goes on.

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Mike Moser is the editor of the Crossville Chronicle. His column is published periodically on Fridays.