The day after his birthday, a state prison inmate was acquitted in Schuylkill County Court of all but one charge stemming from an incident in which he had been charged with assaulting and spitting on a guard at State Correctional Institution/Mahanoy.
Thomas J. Flynn, 53, of Reading, is not guilty of aggravated assault, aggravated harassment by prisoner and simple assault, the jury ruled Tuesday.
However, President Judge William E. Baldwin, who presided over the one-day trial, found Flynn guilty of a summary charge of harassment and sentenced him to pay costs and a $100 fine.
Flynn did not go free, however. Instead, he will be returned to SCI/Rockview in Centre County, where he is serving multiple sentences for rape, burglary and related charges, Assistant District Attorney Rebecca A. Elo said.
State police at Frackville had charged Flynn with bumping and spitting on Corrections Officer Robert Evans about 8 p.m. Dec. 11, 2012, at SCI/Mahanoy.
"He started getting loud and yelling back at me," Evans testified.
Flynn then bumped and spat on him, Evans said.
"It was definitely done deliberately and maliciously," he said.
Evans also said Flynn refused to return voluntarily to his cell.
"He was putting up a good fight," and required three or four officers to subdue him, Evans said of Flynn.
State police Trooper Edward J. Lizewski said Flynn told him he had been insulted by another inmate, and that Evans had called him a fool and asked him to punch him.
On the other hand, Flynn testified he was the victim of an aggressive guard and suffered a bruised shoulder in the incident.
"I felt threatened. He punched me in the mouth," Flynn said of Evans.
Flynn also said he did not intentionally spit on Evans, but might have done so accidentally.
In her closing argument, Elo asked the jury to convict Flynn, saying the video of the incident supported Evans' version of what occurred.
"Spitting is disgusting," Elo said. "He intentionally, deliberately spit in the face of Robert Evans."
However, the jury accepted the closing argument of Assistant Public Defender Kent D. Watkins, Flynn's lawyer, who said his client was provoked and did nothing intentionally.
"Maybe he harassed him. He was upset," Watkins said.
Flynn pleaded guilty on Sept. 17, 1980, in Berks County Court to burglary, rape, robbery, indecent assault, theft, crime committed with a firearm and carrying a firearm without a license, and on Oct. 14, 1980, to burglary, rape, robbery, indecent assault, recklessly endangering another person and involuntary deviate sexual intercourse in one case and rape, involuntary deviate sexual intercourse and recklessly endangering another person in a second case. Berks County Judge Linda K.M. Ludgate imposed a total sentence of 18 to 40 years in a state correctional institution.
Elo said Flynn will not reach his maximum sentence until 2019.
"He's been in prison a long time," she said.