Dustin Lynch

Case details

Dustin Lynch was a juvenile who was bound over to the General Division of the Court of Common Pleas and later sentenced to 20 years to life in prison in 2004. The controversy described in the case record involved the video game Grand Theft Auto III (GTA III).

Timeline

• November 2, 2002 — Jolynn Mishne was attacked; Dustin Lynch allegedly committed aggravated murder and aggravated robbery, and allegedly stole her car.
• October (year not specified) — Attorney and activist Jack Thompson filed a $246 million lawsuit against Sony Computer Entertainment America Inc., GTA III designers Take-Two Interactive Software and Rockstar Games, and Wal-Mart in connection with a Tennessee case involving teenage stepbrothers who killed one person and injured another by shooting rifles at passing motorists.
• May 8, 2003 — A hearing occurred before Judge John J. Lohn of the Medina County Court of Common Pleas, Juvenile Division.
• May 9, 2003 — A hearing occurred before Judge John J.
• May 12, 2003 — The bindover ordered decision was issued (case decided).
• 2004 — Lynch was sentenced to 20 years to life in prison.

People

• Dustin J. Lynch — the juvenile defendant.
• Jolynn Mishne — the victim; a high schooler who lived with her father on Poe Road in Montville Township.
• Jerrilyn Thomas — Dustin Lynch’s mother.
• David Lynch — Dustin Lynch’s father.
• Jack Thompson — attorney and activist; offered to represent Dustin Lynch.
• Dean Holman — Medina County Prosecutor; said Thompson would face deeply conflicting interests if he represented Dustin Lynch.
• Mickey Mishne — Jolynn Mishne’s father.
• Christopher Collier — judge involved in a prior request that he appoint Thompson to defend Dustin Lynch.
• John J. Lohn — judge; presided over the juvenile transfer proceedings.
• Anne Eisenhower — Medina County Assistant Prosecuting Attorney; appeared for the state.
• John J. Dolatowski — for the juvenile.
• Dr. Lawrence Spoljaric — provided a physical examination.
• Dr. Thomas Evans — testified about the juvenile’s understanding and amenability to rehabilitation.
• Probation Officer Smith — testified regarding treatment and compliance.
• Jana Stump — witness from Indian River School.
• Christine White — witness from Indian River School.
• Laurie Adkins — witness from Indian River School.

The offence

On November 2, 2002, Jolynn Mishne was in bed asleep when she was struck senseless, bludgeoned to death, and stabbed to death. The court described that the killer left a taunting note to the police and left a gruesome crime scene. The record stated that the person in her own household killed her, someone she trusted.

The juvenile was charged with delinquency by virtue of committing the following felonies:

• aggravated murder by aggravated robbery (with specification), in violation of R.C. 2903.01(B)
• aggravated murder (with specification), in violation of R.C. 2903.02(A)
• aggravated robbery in violation of R.C. 2911.01(A)(1)
• 2911.01(A)(3)
• felonious assault in violation of R.C. 2903.11(A)(2)
• theft in violation of R.C. 2913.02(A)(1)

The offenses allegedly occurred on November 2, 2002.

The court narrative further stated that the relationship with the victim facilitated the act charged, including that Jolynn Mishne was affectionate and trusting, emotionally attached, and physically close to the juvenile, and that this made it easier for the juvenile allegedly to kill her and to rob her. It also stated that Jolynn was beaten with a bedpost from her own bed, and stabbed with a knife from her own kitchen.

The record stated that after allegedly killing Jolynn, the juvenile allegedly stole her car.

Investigation

The court stated that the killer left a taunting note to the police and a gruesome crime scene.

Arrest and detention / custody

On May 9, 2003, jurisdiction of the case was transferred to the General Division of the Court of Common Pleas. The record ordered that the Sheriff of Medina County take charge and take custody of Dustin J. Lynch from the Superintendent of the Medina County Juvenile Detention Center.

The record ordered that Lynch be transferred to the Medina County Jail and that he be confined in a manner that keeps him beyond the range of touch of all adult detainees and supervised at all times during detention.

Bail was set at $1,000,000 cash or surety.

Trial / hearings (juvenile transfer)

Transfer hearing purpose

On May 8 and May 9, 2003, the matter came on for hearing before Judge John J. Lohn to determine whether the juvenile was amenable to treatment pursuant to R.C. 2152.12.

The court stated that it had to decide:

1. whether the juvenile was amenable to care or rehabilitation within the juvenile system; and
2. whether public safety required that the juvenile be subject to adult sanctions.

The record described that, in deciding whether to transfer a juvenile’s case to the general division, the court had to consider relevant factors weighing in favor of transfer and relevant factors weighing in favor of keeping the case in the juvenile system.

Juvenile age and procedural steps

• The juvenile’s birthday was December 3, 1986.
• The court found that the juvenile was fifteen years of age at the time of the offense.
• The court described the case as part of a two-step process under R.C. 2152.12.
• On January 31, 2003, the state filed a motion to transfer the case to the general division.
• On March 6, 2003, the juvenile waived the right to a preliminary hearing.
• The court found that there was probable cause to believe the juvenile committed the acts described in the complaint.
• The court stated that, if the murder and robbery had occurred one month later (December 3, 2002), the juvenile would have been sixteen at the time of the offense.

Sentencing

The record contained the current status:

• Sentenced to 20 years to life in prison in 2004.

Appeals

No appeal information appeared in the provided case record.

Outcome

The juvenile transfer proceedings ended with a bindover:

• The record stated “Bindover ordered.”
• The court ordered that jurisdiction be transferred to the General Division of the Court of Common Pleas.
• The judges were invested with authority to assume and exercise jurisdiction over the child as if he were an adult.
• The Sheriff of Medina County was ordered to take custody and transfer Lynch to the Medina County Jail with specific detention and supervision conditions.

Background and other details

Video game controversy and related claims

The case record described a large controversy over Grand Theft Auto III (GTA III). It described that:

• Lynch was said to have “one act of first degree murder,” killing JoLynn Mishne on November 2, 2002.
• Lynch’s mother previously demanded that Judge Christopher Collier appoint Thompson to defend her son, and later said she changed her mind after visiting him in jail.
• Jerrilyn Thomas said: “It has nothing to do with video games or Paxil, and my son’s no murderer”.
• Medina County Prosecutor Dean Holman stated that Thompson’s representation would be faced with deeply conflicting interests if he represented Dustin Lynch.
• The record said Lynch was 15 at the time of the crime and 16 by the time his case came to trial.

Violent video game allegations and quotes

The record described that Lynch allegedly played GTA III “for hours at a time” during his week-long stay with the Mishnes in fall 2002.

It stated that the game is violent and that players earn rewards for assaults, carjackings, and murder.

Attorney and activist Jack Thompson was quoted:

• “I think the video game industry is about as evil as any entity in America is,” Thompson told the paper.
• “I'm out to take their money from them – and it's blood money, in some of these instances – and give it to the people who have been harmed by them.”

The record stated that Mickey Mishne became convinced the boy was inspired by GTA III after learning about the game and recalling Lynch’s behavior, and it included Mickey Mishne’s quote:

• “We are on a crusade,” he told the paper.
• “We'd like to see everybody who has one of the [games] turn them in, like they do with rifles and pistols. We want to put them out of business.”

The record stated that Lynch’s favorite GTA III murder weapon reportedly was the baseball bat.

Lynch’s responses and letters

The record said Lynch responded to several written questions:

• When asked why he killed JoLynn, Lynch responded: “I killed JoLynn for my own personal satisfaction. I yearn to see blood, it's a need or an addiction and also a fetish. I'm just obsessed with it all.”
• The record said Lynch denied that GTA III influenced him. Lynch wrote: “Old man Mishne and whomever else believes that GTA III influenced me to brutaly [sic] kill JoLynn ... they are all idiots!”
• Lynch wrote: “I killed JoLynn Mishne for my own personal satisfaction, not because of a video game,” adding that he “did her a favor and satisfied all my needs while doing it!”

The record described Lynch as claiming he began thinking about murder at an early age:

• “Ever since I was 6 years old, I've wanted to kill someone,” he wrote.

The record also stated Lynch claimed to have killed 35 people, and that there was no evidence backing up that assertion.

The record stated Lynch wrote:

• “The only people I care about is Adolf Hitler and myself! Heil the fuehrer! Hitler is God!”
• “I might be small, but I know how to handle my business,” he writes.
• “I'm a 'Lynch,' it runs through [our] blood. Just like jail!”
• Lynch claimed he would like to be executed eventually, writing: “When my book is complete and I'm ready, I'm going to kill someone else so that I can get the death penalty. I took so many lives and I'm just curious to know what it's like to be dead. Is there an 'after life'? etc. I want to die by lethal injection. I think that is better than any other method (ex. – killing myself, or by some horrible death). …”

The record stated that Lynch’s mother said in the past two months that Lynch had attempted suicide at the jail, refused to cooperate with his attorney, wrote incriminating letters to Mickey Mishne, and stopped communicating with her.

Asked if he was disturbed, Lynch wrote:

• “I AM NOT DISTURBED AT ALL! Like I said, I have certain needs, desires and a fetish. Cutting myself is a fetish. I feel so powerful when I do it, kind of like I'm on coke. Each slice I take is like hooting another line! I'm fascinated by the sight of blood, and when I'm locked up the way I am the only blood I can get is my own.”

Juvenile justice history, prior adjudications and dispositions

The record included a long, unsuccessful history with the juvenile justice system and included that the juvenile:

• had been placed outside the home for more than 400 days since his first unruly violation
• had failed in outpatient-treatment programs and drug-and-alcohol counseling programs
• had no juvenile sanction deter him, with behavior progressing from being wayward and truant to committing misdemeanors, committing felony thefts, and then the alleged murder and robbery of a helpless girl
• had probation services and treatment that only began when he was out of detention and compliant with court orders, with the juvenile immediately violating orders and reoffending and not cooperating with treatment

The record provided a table of adjudications and dispositions:

• 12/10/99 — age 13 — Unruly — Indefinite Probation
• 04/18/00 — age 13 — Probation Continued Probation Violation 1
• 1/29/01 — age 14 — Unruly — Indefinite Probation
• 3/6/01 — age 14 — Theft — Continued Probation
• 5/29/01 — age 14 — Underage Alcohol Possession — Continued Probation; Chemical Evaluation
• 9/14/01 — age 14 — Drug Abuse — Continued Probation
• 9/14/01 — age 14 — Curfew — Continued Probation Continued Probation
• 12/4/01 — age 15 — Probation — Chemical Evaluation, Continue with Child-Family Intervention Violation Team (CFIT)
• 3/20/2002 — age 15 — Grand Theft — Commitment to Ohio Department of Youth Services
• 11/7/2002 — age 15 — Parole Commitment to Violation — Ohio Department of Youth Services

Parole status at time of offense and prior delinquency

At the time of the murder, Dustin Lynch was described as a DYS parolee and a runaway one month shy of his sixteenth birthday, and it stated he had insinuated himself into the Mishne home as a false friend. It also stated that on November 2, 2002, he was on parole with the Ohio Department of Youth Services for a prior delinquent child adjudication.

Factors considered for transfer

The record stated that certain factors favored transfer:

• The victim suffered physical or psychological harm and serious economic harm: Jolynn Mishne was beaten to death and stabbed to death, and her car was stolen.
• The child’s relationship with the victim facilitated the act charged, stating she was affectionate and trusting, emotionally attached, physically close, and this made it easier to kill her and to rob her.
• The court found the juvenile was awaiting adjudication or disposition as a delinquent child, was under community control sanction, or was on parole for a prior delinquent child adjudication or conviction.

The record also stated a factor against transfer:

• The child had a mental illness or was a mentally retarded person. The juvenile was diagnosed with a conduct disorder, adolescent onset.
• Dr. Evans explained the condition was technically a mental illness but did not involve psychosis or delusional thinking.

Medical and witness testimony

The record stated that:

• Dr. Lawrence Spoljaric’s physical examination indicated the juvenile presented as a normal sixteen-year-old with no physical infirmities.
• Witnesses from Indian River School—Jana Stump, Christine White, and Laurie Adkins—described the juvenile as average in stature and socially interactive.
• Dr. Thomas Evans testified that the juvenile had an intelligent and correct understanding of the adult criminal process and was “system savvy.”
• Dr. Evans testified that the juvenile could be rehabilitated in the juvenile system only if greatly motivated and under optimum conditions at Ohio Department of Youth Services.
• Dr. Evans testified that the juvenile was “one of the most complex individuals he has encountered in his long experience with disturbed and delinquent youths.”

The record stated that the court found:

• The juvenile was defiant and hostile.
• The juvenile engaged in precocious and unhealthy sexual relationships without shame.
• The juvenile abused drugs and alcohol without regret and committed crimes and violated court orders without fear of consequences.
• The juvenile’s father had been absent most of his life and the juvenile had multiple male influences with abusive and demeaning behavior, except for the current husband.
• The juvenile’s mother was an ineffective parent and had a complicated love life.
• The juvenile was happy when having sex, using drugs, or breaking the law.
• Some progress happened only when locked up.
• “Four and one-half years is not enough time to fix what is wrong with Dustin Lynch.”
• The court concluded the juvenile would be a threat to the community long after his twenty-first birthday and was not amenable to care or rehabilitation within the juvenile system, and that public safety required adult sanctions.