May 29, 2018 5 min read

Video footage from a security camera shows the halls of the Riviera bar decked with green garland and lights as patrons enjoying a night out danced to music blaring from a jukebox.

But what unfolded as the digital recording rolled was more like the “The Nightmare Before Christmas.”

After testimony Tuesday, East Bethlehem Township citizens will have to wait for a decision from a Washington County judge in a criminal case that pits a longtime township commissioner against a local businessman.

David Lingis, 39, who owns a Fredericktown automobile repair shop, is charged with aggravated and simple assault of Commissioner Paul Battaglini, a 40-year member of the township’s board of commissioners.

Whatever the outcome, there was no Yuletide cheer when the township employees’ Christmas party Dec. 16, 2016, ended with Lingis being sought by police for questioning and Battaglini being treated for a concussion, black eye and bruising of his neck and chest at Allegheny General Hospital’s trauma center.

The commissioner testified he has no recollection of what happened to him after he entered the men’s room of the Riviera Restaurant, Lounge and Hotel, 578 Front St., Fredericktown.

Lingis, the sole witness called by defense attorney Christopher Blackwell, told Judge Gary Gilman there had been bad blood between Battaglini and the Lingises, and inside the tiny restroom, Battaglini raised his voice, insulted the Lingis family and used profanity.

“He shoved me against the wall,” Lingis testified. “I was totally shocked. It just amazed me that he would do something like that. I immediately shoved back.”

At least one person at the bar, Peter “Bucky” Hayges Jr., heard the commotion and went into the men’s room to find Battaglini out cold on the floor and a cracked toilet tank spewing water.

An ice storm that night made it too dangerous for a medical helicopter to fly to Fredericktown, so Battaglini was taken by ambulance to the Pittsburgh hospital, where he was diagnosed with contusions and a concussion.

Battaglini’s blood-alcohol level was measured at .06 percent, below the .08 level as presumed intoxication for driving purposes.

He was discharged from the hospital the next morning, but was recalled on his way home when a scan showed the possibility of bleeding inside his brain. A second scan did not show the problem worsening, and Battaglini was again discharged after spending another night in the hospital.

Battaglini and his wife, Michelle, testified he hasn’t been the same since the 2016 Christmas party.

It is said a picture is worth a thousand words. Although the video recording shows only what took place outside the Riviera men’s room, thousands of words in the courtroom Tuesday centered on a gesture East Bethlehem Township Police Chief Mark Pompe was seen making on tape.

A few days before the Christmas gathering, East Bethlehem Township commissioners began to research who could police the community if the department was disbanded as a cost-saving measure.

This topic arose between Lingis and Pompe as the work day ended Dec. 16 while the men were at the Fredericktown American Legion post.

As the night wore on and the police chief and car repairman found themselves among those gathered at the Riviera, was Pompe encouraging Lingis to head to the men’s room to attack Battaglini?

“The tape shows you signaling or something,” said Assistant District Attorney Craig McKay. “Hey, this guy’s in the bathroom.”

Pompe replied from the witness stand, “I was just trying to get a rise out of (Lingis), never thinking Dave’s going to hit a 70-year-old man at a packed bar.”

“You’re the chief of police – why not arrest this guy?” McKay asked Pompe.

The judge sustained Blackwell’s objection to McKay’s question because Pompe did not witness what took place behind the closed door of the men’s room.

Several people testified when Hayges hauled Lingis out of the men’s room, Lingis was vowing to kill “him” or “Paul.”

Lingis was questioned several times by state police over a period of weeks, and variations in reports and statements made by the defendant were discussed in court Tuesday.

Trooper Jared Johnson, a criminal investigator, told the judge, “Dave Lingis and I discussed that he was possibly set up on this.”

Lingis testified Tuesday Johnson asked him if he had been offered cocaine that was kept in the East Bethlehem evidence room in exchange for attacking Battaglini.

“Was that true?” Blackwell asked.

“Absolutely not,” Lingis replied, later saying, “I was encouraged to roll over on Mark Pompe.”

Lingis was not charged until several months after the Christmas party.

East Bethlehem Township in January 2017 suspended Pompe, allowing him to return to the schedule in early March of last year. Washington County District Attorney Gene Vittone said at the time his office reviewed the evidence state police gathered in connection with Battaglini’s injuries, and that Lingis was the sole person to be charged.

Pompe was the lone full-time police officer until later in 2017 when East Bethlehem contracted with neighboring Centerville to handle police duties.

Pompe testified he now works for Washington Hospital.

Blackwell argued Gilman should dismiss the charges against Lingis, who maintains he acted in self-defense. The defense attorney claimed the prosecution had not proven its case beyond reasonable doubt.

McKay, in his closing statement, said the many witnesses who heard Lingis voice a threat as he exited the Riviera supported the Commonwealth’s position Lingis showed intent to harm Battaglini.

“It’s sad,” McKay argued. “This was how many days before Christmas? It should have been a joyful time. (Battaglini) should be allowed to go to a Christmas party and not be beaten to a pulp.”

While Gilman did not file a verdict Tuesday, he said he intends to rule “shortly.”