SUNBURY - Rarely does the issue of bail at a preliminary hearing cause such a boisterous reaction.
But that was the case Tuesday when Magisterial District Judge Benjamin Apfelbaum increased the bail of double stabbing suspect Tyrone W. Lee from $300,000 cash to $1.5 million cash.
While approximately 25 relatives and friends of the two victims burst out in applause when the judge announced he was raising the bail, about 10 family members and acquaintances of the defendant seconds later stood up and vehemently protested upon hearing the new amount.
The commotion continued outside the courthouse. Lee's friends and family members ran over to an enclosed window on a cell in the sheriff's office where Lee was detained and began shouting to the defendant, who yelled back several times. Some of Lee's comments involved racially charged language, yelling at one time he's being treated unfairly because he's a black man in a "white" town.
Both victims are white.
The bail issue arose after the 27-year-old Plymouth resident was held for court by Apfelbaum on two felony counts of criminal attempt to commit homicide, four felony counts of aggravated assault, two misdemeanor counts of simple assault and recklessly endangering another person, and one misdemeanor count of possessing an instrument of crime and tampering with or fabricating evidence.
Lee, who was remanded to Snyder County Prison, is charged by Sunbury Cpls. Jamie Quinn and Travis Bremigen with stabbing 27-year-old Sunbury area resident Benjamin Herrold and 28-year-old James Herb, of Selinsgrove, in the abdomen shortly after 2 a.m. May 3 outside the FuBar, 13 N. Third St.
Responses blurted out by Lee's supporters inside the courthouse included, "Unbelievable, man," "that's crazy," "keep your head up, brother" and "we love you, bro."
Northumberland County Sheriff Robert Wolfe and several of his deputies did a good job restoring order inside and outside the courtroom and keeping the families of the defendant and victims separated as emotions ran high at the conclusion of the hearing.
No injuries or damage were reported.
Moved to courthouse
The legal proceeding was moved from Apfelbaum's small courtroom at the county administration center to Courtroom No. 2 to accommodate the larger audience. Normally, high-profile cases at Apfelbaum's office are relocated to the commissioners' meeting room next door, but that room was filled with voting machines for Tuesdays' primary election.
Herrold and Herb, who both underwent surgery after suffering serious injuries in the stabbings, were among four prosecution witnesses to testify.
Herrold, who suffered severe liver damage and was listed in critical condition for several days at Geisinger Medical Center, Danville, before being discharged Monday, walked slowly to the witness stand with the aid of a cane and help from Deputy Sheriff Curtis Cooke.
The victim testified that when he, Herb and Sam Derr walked into the FuBar, a bouncer was escorting a patron from the premises that he did not know.
After drinking some beers at McGuigan's and the FuBar, which are connected, Herrold said he, his two friends and other patrons exited the bar around 2 a.m. and started walking north toward a parking lot. At that point, he recalled Derr attempting to talk to a woman before hearing someone say, "Don't hurt my sister."
The victim said he then spotted Lee and Herb fighting and attempted to break up the scuffle. After separating the two men and holding Lee face down on the ground for awhile, Herrold said he let the defendant go and turned to walk away from the scene with Herb.
At that moment, Herrold said Lee stabbed him in the side, causing him to bleed profusely. He compared the stabbing to being punched in the ribs. Herrold said he recalled Herb yelling, "He stabbed me, too."
Herrold told Northumberland County District Attorney Ann Targonski that he underwent three surgeries at Geisinger for his stab wounds and remained in the intensive care unit for six days. He said his wounds included a lacerated liver and he had to have his gall bladder extracted.
Victims drove to hospital
Under cross examination by Northumberland County Chief Public Defender Edward Greco, Herrold said he knocked Lee to the ground while in the process of trying to separate the defendant and Herb. Herrold said he only took three or four steps in an attempt to walk away when Lee stabbed him. He testified he never saw the knife used in the stabbings.
Herrold said Lee chased after him and Herb before stopping his pursuit.
The witness said he then drove himself and Herb to Sunbury Community Hospital, where they both underwent emergency room treatment before transferred to Geisinger.
Herb said he, Herrold and Derr were walking north toward Danley's Hotel and Bar when he heard the defendant screaming and staring at them. He said Lee then attacked him and stabbed him several times in the abdomen, chest, arm and shoulder areas.
He also told the court he didn't know Lee, and also claimed Lee chased after him and Herrold following the stabbings.
Herb, who was discharged from Geisinger Thursday, denied ever holding Lee down on the ground and testified that the defendant was holding him as he stabbed him.
He recalled Lee telling him, "Don't touch my (expletive) cousin."
Herb said he never touched the female who was with Lee.
Bouncer saw stabbing
Steve Rims, 33, of Sunbury, a bouncer at the FuBar, testified that Lee had been escorted from the bar about 1 a.m. for rowdy behavior that didn't involve Herrold or Herb.
Shortly after 2 a.m., Rims said he was alerted about an altercation outside the bar. Rims said he saw two men on top of Lee, including Herrold, who was holding the defendant's hand down. Rims said he didn't know the identity of the other man, but said it was not Herb.
When he attempted to break up the fight, Rims said he saw a knife in Lee's hand, which prompted him to jump back. He said the defendant then jumped up, stabbed Herrold and Herb and started chasing them.
Rim said he didn't know Lee, Herrold or Herb.
Quinn testified that Lee told her he is left handed and denied having a knife with him during the altercation. She said the knife has not been recovered.
Greco moved to have the attempted homicide and tampering with evidence charges dismissed for lack of evidence. He said the injuries suffered by the victims are more consistent with aggravated assault and claimed there was no intent by his client to kill Herrold or Herb.
Targonski pointed out that both victims suffered serious wounds, with Herrold remaining in critical condition for several days. She said a deadly weapon was used in the attack and that Lee has concealed its whereabouts.
"They (Herrold and Herb) are lucky their guardian angels were with them and they didn't die," Targonski told the court.
'Character assassination'
The commotion about the bail occurred after Greco asked Apfelbaum to modify it to at least 10 percent of $300,000.
Targonski, who advised the victims' relatives and friends not to discuss the case with the media, opposed the bail reduction based on what she claimed was Lee's prior convictions on drug charges in another state and what she said is his self-proclaimed affiliation with an organized criminal gang known as the Bloods.
Greco accused Targonski of "character assassination." He claimed there is no evidence linking Lee to the Bloods. He also pointed out his client was never convicted of any weapons violations.
Apfelbaum based his decision to raise the bail on new information he obtained at the hearing. That information includes Lee's refusal to leave the premises after being escorted from the FuBar about an hour before the stabbings, his possible ties to the Bloods and being a stranger to both victims, he said.
Lee was ordered to appear for a pre-trial conference July 10 in the Court of Common Pleas.