A Duke Center man accused of deceptive business practices was found guilty of several charges after a two-day trial in McKean County Court.
On Wednesday, Barry D. Lindsey, 63, was convicted of theft by unlawful taking, deceptive business practices and receiving stolen property, said McKean County District Attorney Stephanie Vettenburg-Shaffer.
She noted that he was originally charged with home improvement fraud, but withdrew that charge.
Court records filed at the time he was first charged indicated that in August 2014, Lindsey entered into a contract as “The House Painter.” Through the contract, he was given a $500 down payment to paint part of the Hartle-Tarbox Funeral Home in Port Allegany; however, Lindsey never performed the work.
“Sentencing is Friday,” said Shaffer.
The trial was initially scheduled for Dec. 7, but only 52 of the summoned 175 potential jurors showed up. There were enough to pick a jury but not enough to pick alternate jurors.
The trial was rescheduled for Tuesday and was able to move forward. The trial wrapped up on Wednesday.
Court records indicate that attorney Dennis Luttenauer, who was appointed by the court to represent Lindsey in the case, withdrew as counsel in September.
Lindsey represented himself at a separate trial in November 2016, in which he was accused of in two cases of posing as a lawyer in McKean County. He was convicted in both cases.
Court records filed at the time he was charged stated that he advertised himself as “Barry Daniel Lindsey Legal Services” and accepted fees totaling $3,020 from two clients who were facing child custody issues. Lindsey has never been a member of the Pennsylvania Bar and is not permitted to practice law in Pennsylvania.
He was sentenced Dec. 9 to two to fours years in state prison for posing as a lawyer.
The charges in all three cases were filed in 2014, but law enforcement officials were not able to locate Lindsey until February of 2016 to take him into custody.
At one time, Luttenauer was listed as the attorney for all three cases, but Lindsey opted to represent himself at trial. In the weeks leading up and following his court appearances, Lindsey flooded the court with a variety motions for the cases, most of which were not granted.
Court records indicate he has filed appeals in two of the cases.
