Questioned during court hearing, defendant invokes 5th Amendment
A public defender for Brian E. Lyon II sought in Washington County Court Friday morning to have charges including attempted homicide against his client dismissed and to have bond set.
But when Lyon, 38, whose last known address was in Monongahela, was questioned under oath by a prosecutor, he first declined to answer, then invoked his right to refuse to give testimony lest he risk incriminating himself.
Lyon is charged with stabbing Melvin Gray eight times in the torso, puncturing the victim’s lung and stomach, Sept. 23, 2019, at a trailer on Dolly Lane, Union Township.
Assistant Public Defender Jake Mihalov objected because Gray was not in court Friday to testify. Judge Valarie Costanzo permitted Assistant District Attorney John Friedmann to submit Gray’s transcribed testimony from a preliminary hearing.
Mihalov also argued Monongahela Police Officer John Dytko, who responded to the trailer incident, did not see the weapon or know of an intent to kill.
The defense attorney also claimed Lyon had no knowledge of charges filed against him in connection with the stabbing and therefore could not flee prosecution.
Friedmann said there was a warrant for Lyon’s arrest because he had failed to meet with a state parole officer.
Lyon, who is being held in Washington County jail without bond, testified, if released, he would reside with his mother in Donora.
Lyon said he realized he had missed an appointment with his parole officer, but did not know this resulted in a warrant for his arrest.
“I just want the chance to have bail, reasonable bail,” he told the judge. “I want a trial.”
Lyon also faces charges in the Fairmont, Marion County, W.Va., area of homicide, attempted homicide and robbery in connection with theft of a truck Sept. 28, 2019.
“Did you go to West Virginia? Friedmann asked Lyon during Friday’s hearing.
“No. Never. I never went to West Virginia,” he replied.
But when Friedmann questioned Lyon about a girlfriend and events at a Somerset Township motel last September, Lyon remained silent and then said, “I plead the Fifth.”
“You can plead the Fifth (Amendment) for anything that might be incriminating in the future,” Mihalov said.
Costanzo asked the attorneys to submit briefs and took the matters under advisement.
Lyon was also charged this week with receiving stolen property in connection with another truck. Police said a license plate reader captured an image of Lyon driving the vehicle in Clairton, Allegheny County, Sept. 30, 2019.
Police took Lyon into custody early Oct. 1, 2019, at a second motel, the Budget Inn on Route 51 near Interstate 70.