Shelley woman gets 120 days

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BLACKFOOT -- The Shelley woman convicted in May for the involuntary manslaughter of her sister will serve 120 days in jail and will then be subject to probation.

Chitta Ting Lynch, 43, accidentally discharged a rifle in her home, killing her sister, Diane Khamone, on June 27, 2007. Lynch was found guilty after a two-day trial in May.

Lynch was handed a five-year fixed, 10-year indeterminate sentence on Friday

District Judge Darren B. Simpson suspended the sentence and placed Lynch on probation, fined her $5,000 and ordered her to 150 days of local incarceration with option for work release. He credited Lynch with 30 days previously served, reducing the total to 120 days.

Lynch must complete the 120 days of incarceration by Jan. 31, 2009, and 100 hours of community service by Dec. 31, 2009.

Simpson ordered Lynch to possess no weapons, except as it pertained to a firearms safety class to be completed by Dec. 31, 2009.

Friday's proceeding began with a victim impact statement read by Diane Khamone's daughter, Manolack Anderson, who called her mother, "Our rock, our hero."

"Our mother would have wanted us to forgive Chitta," Anderson said.

Anderson's tone changed as she read on.

"Chitta has made promises to us but has not kept them," Anderson said, indicating her statement was representative of all of Khamone's children.

Anderson's statement was the only discordant note in a hearing in which Lynch's strong family ties and philanthropic history dominated.

Lynch's attorney, Charles Peterson, noted that Lynch had started an orphanage in India that now boards 27 children and pays for teachers for the children. He noted numerous instances of Lynch's generosity to her immediate family in the states, and those in Laos, her native country.

All of these charitable deeds, Peterson said, were "evidence of Chitta's strong and kind heart."

"She walks the walk, and talks the talk," Peterson said.

Peterson called Lynch's kin "the most cohesive unit of a family I have ever seen.

"They have forgiven Chitta, that's clear," Peterson said, gesturing to more than a dozen of Lynch's family members in the courtroom.

Peterson asked Simpson to impose a suspended sentence and withheld judgment.

"This is a case that cries out for a probationary sentence," he said. "I think it's entirely appropriate. She will meld back into the community and become exactly what she was before."

Bingham County Prosecutor Scott Andrew did not contest Peterson's recommendation, indicating he'd thought about the appropriate punishment at length.

"I've mulled it around the entire time I've pursued this matter," Andrew said. "I've been around and around at what is the appropriate punishment."

Andrew recommended probation in the community, and offered no opinion regarding a withheld judgment. His only additional recommendation was that Lynch possess no firearms during the term of her sentence.

Lynch then addressed the court, reading from a prepared statement which primarily addressed her family, and particularly Khamone's three children.

"I am so sorry for everything," she said. "I loved and have been close to Diane, your mom, for all of my life.

"Diane, if you can hear me, I am so sorry."

Lynch concluded by thanking her family.

"You're the greatest people I have in my life," she said.

Simpson noted that the case was unusual, noting there was no intent on Lynch's part.

"This is a different type of case that has made it difficult for the court to know what to do," Simpson said.

Simpson said there was need for incarceration in the prison system or a retained jurisdiction designation.

He told Lynch he was bothered by her statement to the presentence investigator that the accident occurred when she tried to activate the safety on the rifle, saying it was inconsistent with her trial testimony and her statement to investigators shortly after the accident.

By John Bulger

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