Man held for trial in 'flash mob' beating

September 03, 2009|By MENSAH M. DEAN, deanm@phillynews.com 215-854-5949

While assault victim Thomas Fitzgerald lay in a coma last spring, Stephen Lyde used two of Fitzgerald's credit cards to go on a spending spree, according to testimony at Lyde's preliminary hearing in Common Pleas Court yesterday.

After a witness put Lyde, 21, at the scene of the May 30 "flash mob" beating of Fitzgerald, and a detective detailed how Lyde had gone online and used the victim's plastic to charge more than $5,000 at high-end retailers, including Giorgio Armani, Ralph Lauren and Neiman Marcus, a Philadelphia Municipal Court judge ordered him to stand trial.

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Lyde - of Sansom Street, in West Philadelphia - faces felony counts including aggravated assault, robbery, forgery and identity theft.

Judge Bradley K. Moss set his arraignment for Sept. 23.

Lyde is accused of knocking Fitzgerald, 53, from his bicycle, and then - with about seven other men - beating him into unconsciousness at 11:30 p.m. on Broad Street near Bainbridge.

Defense attorney Christopher Angelo, however, stressed that the evidence linking Lyde to the beating is circumstantial because Fitzgerald and two witnesses who testified did not see him attack the victim.

"It's a circumstantial case, but there is certainly overwhelming circumstantial evidence that he was involved in the robbery and the assault," Assistant District Attorney Jennifer Mitrick said after the hearing.

Fitzgerald, a slightly built man, was pedaling home from work when he stopped to observe a large crowd. The last thing he remembered, Fitzgerald told the judge, is that "someone or something hit me on the back of the head."

Besides head injuries, he suffered two broken ribs and collapsed lungs, which caused him to be hospitalized for three-and-a-half weeks, including four days in an induced coma.

Memory loss and hearing damage still plague him, said Fitzgerald, who has not returned to work.

The attack took place amid a larger disturbance dubbed a "flash mob" - created by more than 100 teens and young adults who converged on the area after responding to invitations posted on social-networking Web sites.

Mitrick showed the judge video footage from an A Plus mini-mart at the Sunoco gas station at Broad and Catharine streets being looted by the mob. A man who appeared to be enjoying himself was identified as Lyde.

He was wearing the same plaid shirt that he would be arrested in June 9 while attempting to sign for one of the illegally purchased items that he had had delivered to a vacant house.

Erin Houdeshell said that she observed the aftermath of the attack from the passenger seat of her boyfriend's car.

Fitzgerald was lying face-up on the hood of a parked car and his head was shaking as if he were having a seizure, she said.

That's when she saw an "entertained" Lyde say, " 'Yo, look at his head.' "

Witness Sharon Frohlick said she saw Fitzgerald get yanked from his bike and beaten.

But after asking Lyde to stand up, and then to turn sideways, Frohlick told the judge that he was not one of the attackers.

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