LITTLE VALLEY — During what was his first Cattaraugus County Court appearance since being charged with murdering his son, Richard L. Tyma Sr. sat in a wheelchair and breathed with the help of an oxygen tank as attorneys argued about his ability to flee last week.
Judge Ronald Ploetz ultimately set a bail of $50,000 on Tyma, who was then pushed in his wheelchair back to Cattaraugus County Jail by deputies with the Cattaraugus County Sheriff’s Office.
Tyma, 73, of South Dayton, faces a charge of second-degree murder, a class A-1 felony.
Deputies responded to Tyma’s 206 Mill St. home during the early morning hours of Nov. 3 for a reported domestic disturbance, and discovered that Tyma had allegedly shot and killed his 46-year-old live-in son, Daniel Tyma, during an argument.
Few other details have been released by the sheriff’s office, which has not responded to multiple requests for comment over the last week. District Attorney Lori Rieman, who is currently on vacation, also declined to discuss the details of the case until she returns.
The circumstances of the killing were not divulged during Tuesday’s bail hearing, which focused solely on Tyma’s immediate status and whether he is a flight risk.
Without suggesting a specific amount, Assistant Public Defender Benjamin Smith requested a low bail that Tyma would be able to afford.
Smith cited Tyma’s age, lack of criminal history, “decorated” service in the Vietnam War, as well as the fact Tyma has lived in the same house for over 30 years. He also noted Tyma’s current health condition.
“He’s here with a wheelchair and oxygen tank. He struggles to walk without a wheelchair,” Smith told Ploetz. “There’s certainly no reason to believe he has any ability to flee.”
Smith added that if Tyma was free on bail, family, friends and neighbors will look out for him and make sure he gets to his court appearances.
However, Assistant District Attorney Amber Kerling noted the seriousness of the murder charge and “the fact the evidence in his matter is pretty strong.”
“His ability to get up and run doesn’t mean he’s without the wherewithal to make arrangements to leave the area,” Kerling told Ploetz before asking for a bail of $50,000.
Ploetz sided with Kerling and set bail at $50,000, but told Smith that he might reconsider if Smith provided a structured, supervision plan for Tyma were he released from jail.
“I’ll be happy to hear it at anytime,” Ploetz said.
Tyma, wearing jail clothing and with his hands cuffed, sat silently throughout the proceedings. He only quietly spoke to Smith at the end of the hearing.
“Thank you,” he could be heard saying to the public defender before deputies took him back to jail.
Already scheduled to be the last case of the morning, Tyma’s appearance was delayed by about a half hour. Ploetz told the Olean Times Herald this was because Tyma needed to be transported to the court from the jail via wheelchair.
While declining to discuss the details of the case at this point, Rieman said she plans to present the murder case to a county grand jury for indictment “within the next few weeks.”
Under state law, if Tyma is to remain in custody, the case must be presented within 45 days of his initial felony hearing. Tyma’s initial felony hearing, in which a judge determined there is enough evidence for the murder case to move forward, occurred Nov. 6 in South Dayton Village Court.
(Contact reporter Tom Dinki at tdinki@oleantimesherald.com. Follow him on Twitter, @tomdinki)
