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Fatal punch gets 9 mos.

Tidioute man to serve time here

By LYDIA COTTRELL lcottrell@timesobserver.com
POSTED: January 16, 2010

A Tidioute man will face at least nine months in county jail for the fatal punch he threw outside a local tavern.

Brandyn Bynum, 25, of 31 Scott St., choked back tears Friday morning as Senior Judge William Morgan sentenced him to nine months to two years less one day in Warren County Jail for a charge of simple assault.

The charge stemmed from an early morning fight outside The Pub in Tidioute on May 9, 2009, in which Bynum punched 37-year-old Troy McFarland, causing the victim to fall back. McFarland struck his head on the curb and was pronounced dead at the scene. Bynum was charged with criminal homicide and aggravated assault at the time of the crime and later accepted a plea deal, pleading guilty to simple assault.

Prior to sentencing, Bynum's attorney Gary Gearson, of Pittsburgh, told the court, "Mr. Bynum has accepted responsibility for this tragedy."

He added, "He is haunted by this thing."

Gearson acknowledged the defendant's prior alcohol-related conduct and asked the court for a sentence in the standard range that would include a stipulation for a drug and alcohol evaluation and subsequent treatment.

District Attorney Ross McKeirnan pointed out Bynum's lengthy prior juvenile and criminal record, stating that it is "two and a half pages" long.

In terms of the nature of the crime, which Gearson said would have been categorized as self-defense if the case had gone to trial, McKeirnan said, "While it was not his intention to kill Mr. McFarland, that is, in fact, what he did."

While trying to speak on his own behalf, Bynum cried and said, "I wish I could take this day back but I can't."

Before handing down the sentence, Morgan mentioned Bynum's lack of a steady job.

"You're certainly not a model citizen," the judge said.

Morgan also spoke about Bynum's long prior record which included charges of disorderly conduct, harassment and a protection from abuse order.

"All of these times, you were violent," Morgan said.

In addition to jail time, Bynum was sentenced to a $1,000 fine, a $500 administration fee, $8,249.75 in restitution and undergo a drug and alcohol evaluation and follow-up with subsequent treatment. He was also given credit for the 20 days he already served in jail.

Also sentenced were:

Ronald W. Feldbauer, 43, St. Marys, to four months to two years less one day in county jail, $2,325 in fines and fees, pay the cost of prosecution and undergo drug and alcohol treatment for tampering with or fabricating physical evidence.

Glenn A. Stephenson, 56, 206 Townline Rd., Russell, to 30 days in county jail, 60 days house arrest, 54 months probation, $1,950 in fines and fees, 15 hours community service, attend and pay for the Highway Safety School and Victim Impact Panel and attend the DUI intervention program for DUI; and to 90 days in county jail, $1,030 in fines and fees and one year driver's license suspension for driving while operating privilege is suspended or revoked.

Danielle Vargus, 21, P.O. Box 271, Sheffield, to seven to 90 days in county jail, a $300 fine, pay the cost of prosecution and $225.65 in restitution for retail theft.

A bench warrant was issued for Robert Proctor, 56, of 1515 Market St., Lot 17, for failure to appear.

 
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