Lawsuit Against School Staff: Police Conclude No Crime Committed

Kyle Lynch, a former student at Londonderry High School, and his father, Devin Lynch, of Winding Pond Road are suing the Londonderry School District, LHS Principal Jason Parent, School Superintendent Nathan Greenberg and teacher Greg Warren, alleging that Warren physically assaulted Lynch in the school library in 2011 because Lynch wouldn’t remove his hat.

But a police report, released to the Londonderry Times under the Right to Know statute finds that the police concluded that no crime was committed by Warren and no charges would be filed.

As previously reported by the Londonderry Times, according to court documents, on or about Feb. 7, 2011, Kyle Lynch was wearing a hat in the school library when Warren accosted him. The documents allege that Warren physically assaulted Lynch by physically ejecting him from his seat, propelling him from the library and hurling him into a masonry wall, causing him to strike his head. The suit alleges Kyle Lynch sustained injuries requiring medical treatment, including a closed head injury.

The Lynches are represented by attorney James Walker of Walker & Buchholz P.A.

In the police report filed at the time of the incident, Juvenile Division Detective Donald Laduke concluded that: “At no point does Gregory Warren nor Daniel Alexander act without provocation. There is no evidence to suggest that neither Mr. Warren nor Mr. Alexander had any other motive to use force, other than that force which is authorized by law when such minor refuses to leave the premises or for the maintenance of discipline. It is in the contrary that Kyle Lynch was using force when grabbing Mr. Warren’s vest and tie, which is not authorized by law under NH RSA 631 :2a Simple Assault.”

In his report, Laduke noted that on March 3, 2011, Kyle’s parents met with him about the incident involving Kyle, who was 16 at the time. Devin Lynch told Laduke that Kyle had been assaulted by Warren while staff member Daniel Alexander was present on Feb. 7, 2011. He noted a school district video of the incident.

The report also states that Devin Lynch told Laduke “he has delayed reporting because he is not interested in making waves, or suing the School District for monetary gain. He has incurred medical bills, which has reached $1,000, for a head injury. He explained that during the incident, Kyle’s head hit the floor and since then, he has had to go to multiple medical appointments (he has had prior concussions which made him vulnerable to further injury).”

Laduke states in his report that Devin Lynch said he thought Greenberg and Parent treated his complaint with concern, and noted that Greenberg cannot tell him what the consequences are for Warren because it is a personnel issue.

Laduke later viewed the School District video Devin Lynch mentioned.

He wrote that the video does not have audio, and shows Warren and Alexander approach Kyle in the library. “Warren pulled out his chair, and pushed Kyle to move; it is not a violent shove, but seems to be a push to move Kyle in a certain direction,” he wrote. “Kyle did not lose his balance or control over his equilibrium, nor had fallen as a result. Both staff members take his arms and walk him through the doors. No further footage follows from this vantage point. The other video of the hallway shows Kyle following behind Warren followed by Alexander. Warren suddenly turns around, and grabs Kyle while facing him, while Warren is moving Kyle backward and they go out of the camera’s vantage.

“When they come back into view,” he continued in his report, “Kyle is walking without being held. Warren is walking backwards and seems to be confronting Kyle (without touching Kyle), with Mr. Alexander walking to Kyle’s left. Warren then turns to walk into the stairwell. He turns again when Kyle reaches him to confront him again (without touching Kyle) and escorts Kyle to his right while Mr. Alexander walks behind him. They descend the stairs and go out of view. End of video.”

Laduke interviewed Kyle on April 13. “ I asked him why he was here to talk to me and he said he was there to talk about the incident regarding Greg Warren,” he wrote. “Kyle alleges that after Warren came into the library, he grabbed Kyle’s left arm and he was escorted to the library door and it was closed. Both Kyle’s arms were behind him and he was pushed through the doors, using his body to open the door by Warren and Alexander. They pushed him into a hallway wall and held him there, facing the wall. They let go after a minute or two. It was a concrete wall and when asked, he didn’t remember getting hurt or being injured at all. He said he punched the wall with his fist, only once.”

Laduke said Kyle told him the two men held his arms behind his back and moved him to the floor, pushing Kyle’s shoulders down. Kyle said that caused him to hit the floor with his forehead and caused him to black out.

Laduke said that when asked, Kyle said nothing was said to him just prior to being moved to the floor, and he was not resisting.

Laduke said Kyle told him the men told him he was acting in a threatening manner. Kyle further said he was swearing at Warren “after he knocked me out.” I asked if Kyle made any threats, and he said, ‘I don’t remember.’”

While Kyle claimed not to have touched the men, Warren said in a written statement to police that Kyle had grabbed his vest and shirt.

In his report dated Sept. 29, 2011, Laduke found that the elements of Simple Assault had not been met by Warren, thus no crime had been committed. “This matter will be considered closed,” he wrote.