Bail reduced for bakery robbery suspects
WAYNESBURG – A bond reduction was granted on Tuesday for three defendants charged in an armed robbery with a knife at the Rising Creek Bakery, 115 Main St., Mt. Morris, Sept. 22.
After listening to arguments from the attorneys for Mark Alan Paugh, 21, of 144 Hobbs Run Road, Mt. Morris, Daniel Patrick Johnson, 21, of 248 Big Shannon Run Road, Mt. Morris, and Alan Michael Lipscomb, 22, who also lived at this address, Greene County President Judge William Nalitz reduced the bond for each of these men from $250,000 straight cash to $50,000. The defendants are eligible to post 10 percent of that amount, or $5,000, to be released.
Lipscomb, who is alleged to have wielded the knife, is charged with robbery with threat of immediate serious injury, theft by unlawful taking and simple assault. Johnson and Paugh are both charged with conspiracy to commit robbery, conspiracy to commit theft by unlawful taking and conspiracy to commit simple assault.
Attorney John Thomas Haller, Jr. told Nalitz that his client, Johnson, had never been into serious trouble before, not even a traffic violation. Haller said Johnson, “got caught up in this matter,” and he believed that Lipscomb and Paugh had given statements exonerating his client of the theft. Haller noted that Johnson was not working and therefore of limited means. However, he said Johnson wants to work and has received a phone call from a gas company while incarcerated offering him a job.
“He is employable. He is agreeable to do reporting if the court will order that and make himself available for drug testing and what have you,” Haller added.
Lipscomb’s attorney, Eric Isenhart, said his client has resided with Johnson’s family for several years but he does have grandparents and a great aunt living nearby. Isenhart said he was unable to reach either residence by phone.
Nalitz told Isenhart, “It is clearly not a good idea for them (Lipscomb and Johnson) to live together (when released).” Isenhart agreed and indicated that his client would potentially live with one of his family members.
When asked by Isenhart if he has had substance abuse problems in the past, Lipscomb said, “Yes,” and noted that the first two days in jail were hard as he was detoxing. While in jail Lipscomb has been taking part in Alcoholics Anonymous and said it is his intent to pursue continued drug and alcohol counseling upon his release. Isenhart noted that Lipscomb has had “previous criminal issues,” all of a summary nature.
He said Lipscomb has very limited means. Isenhart said he believed Lipscomb “is employable” and would like to seek employment if given the opportunity. “His bond would have to be normal or unsecured if there is any chance of him being released,” Isenhart said.
Attorney David Russo, representing Paugh, said his client was the high school quarterback and “a somewhat outstanding member of society until he got into drugs and things went south.” Russo noted that Paugh did not have a prior record, except for a juvenile charge for possession of drug paraphernalia.
Like the other two attorneys, Russo indicated that his client was unemployed prior to his arrest. Paugh’s family was in the courtroom.
Commonwealth Assistant District Attorney Brianna Vanata said she objected to any reduction in bail due to the violent nature of the crime. Vanata noted that this was an armed robbery and close proximity that the defendants live in relation to the bakery.
According to a criminal complaint in the case, two men entered the bakery around 3:54 p.m. Sept. 22; one of them was brandishing a large knife. Store employee, Laura Mallek, told police the man with the knife demanded money and she handed him $446.
Mallek and a second employee, Stephanie Burich, described the two men to police and also provided surveillance footage. According to Mallek, the second man did not speak and did not display any weapons. They described the men as one wearing a yellow hooded sweatshirt and the other a blue hooded sweatshirt. Both had covered their faces with bandanas, according to the witnesses.
As police were about to leave, the bakery received a call from Sorella’s Pizza at 420 Mount Morris Road alerting them of three men at the pizza shop acting nervous. The owner of Sorella’s said she saw a yellow sweatshirt in the backseat of their vehicle.
Trooper Daniel Barnhart proceeded to Sorella’s where he encountered three men outside, including; Johnson, Paugh, and Logan Ice of Mount Morris. Barnhart said Johnson indicated he had driven to the pizza shop in a Chevy Cavalier in the parking lot. Barnhart looked in the window and saw a yellow sweatshirt and a gray sweatshirt on the backseat.
Barnhart said he told Johnson he was investigating a robbery where one of the actors wore a yellow sweatshirt and requested permission to look at the one in his car. Johnson gave permission to look at the sweatshirt but not to search his car, Barnhart said. The sweatshirt had a West Virginia University logo, consistent with the surveillance footage provided by the bakery.
Barnhart said there were several hypodermic needles on the seat where the sweatshirt was located. He told Johnson he would be applying for a search warrant for the vehicle and Johnson provided his permission for a search. Barnhart said he found a large kitchen knife under the front passenger seat, matching the description of the one used in the robbery at the bakery.
Barnhart said Johnson and Paugh denied any involvement in the crime. Johnson said the sweatshirt belonged to Paugh.
Police said Paugh told them that he took Johnson and Lipscomb to the old bank parking lot in Mount Morris. Paugh said they told him they would be back in 15 to 20 minutes. He said he was under the impression they were going to scam an old lady out of money. Paugh said Johnson was wearing a yellow sweatshirt and Lipscomb was wearing a gray one when they got out of the car.
Paugh told police he then left to try to get some money his own way. On his way back to the parking lot he picked up Johnson and Lipscomb along Big Shannon Run Road, Paugh said. Paugh told police they gave him $50 he thought they got from the ‘cat lady,’ who was not identified by name.
Police said Johnson told them he, Paugh and Lipscomb were hanging out at his house when Lipscomb left on foot to go scam the ‘cat lady,’ and Paugh borrowed his car to get money from his grandfather. Johnson said they returned a half hour to 45 minutes later and Paugh had $350. He gave Johnson $10, according to the complaint.
Nalitz set specific conditions upon Johnson, Lipscomb and Paugh for bond that prohibit them from any contact with each other, with Mallek or Burich, and with Rising Creek Bakery. They are each to undergo random drug and alcohol testing and must have the address approved that they are being released to by the Greene County Adult Probation office.