Apr 17, 2002 By Jennifer Harr 3 min read

Antonio T. Lanko was released from Fayette County Prison Tuesday on a $35,000 recognizance bond. The 16-year-old, who was initially charged with criminal homicide in the death of Charles “Cha Cha” Lendell, did not have to post any money, as a recognizance bond requires only a signature for release. His alleged conspirator, David “Taboo” Sims, remains incarcerated and is still charged with criminal homicide and conspiracy to commit robbery.

Lanko, according to both defense attorney Mark F. Morrison and Assistant District Attorney Phyllis A. Jin, has agreed to testify against Sims.

Before Judge Ralph C. Warman set bond, the jurist questioned Lanko about his family’s financial situation. Lanko indicated that, before his Dec. 29 arrest, he lived with his mother and older brother at 40 Millview St., Uniontown. No one living in the household had a job, Lanko said.

State police charged that Lanko, Sims and Lendell went into a Lemon Wood Acres apartment on Dec. 29 to rob the occupants. While inside, Lendell was shot by James Simon Thompson. Thompson was not charged because police and prosecutors said he was acting in self-defense.

Lanko and Sims were charged under a felony murder statute that allows prosecutors to seek a second-degree murder conviction because Lendell’s life was taken in the course of another felony – in this case robbery.

Lanko, through Morrison, petitioned the court for bond after prosecutors dropped the homicide charge last Thursday at a joint preliminary hearing for Lanko and Sims. Lanko still faces robbery charges as an adult in connection with the incident.

Bail can only be set by one of the county’s judges in homicide cases. When the charge was dropped, Morrison asked that Lanko be allowed bail.

The defense attorney also pointed to the six-month sentence Sims recently received for direct criminal contempt in another case and expressed concern that Lanko, a slight teen, could be harmed if the two remained in the same prison.

“(Sims’) tendency toward violence has demonstrated itself recently,” said Morrison.

Sims had entered a guilty plea before Judge Gerald R. Solomon in a drug case, but the jurist rejected the proposed sentence in February. When Sims heard that, he started swearing at Solomon, and it took several people to restrain him.

A former prison nurse testified at the contempt hearing that Sims did not take the anti-psychotic tranquilizer prescribed for him in the days prior to the outburst.

Morrison said Lanko was “not as worldly” as those with whom he is incarcerated, and also noted that although his client is testifying against Sims, he has received no set deal from prosecutors.

Since Lanko is currently charged as an adult, Morrison also said he may file a petition to move the case back juvenile court.

While Jin disagreed with Morrison that Lanko was not “worldly,” she did not object to him receiving bail.

As one of the conditions of bail, Warman mandated that Lanko, a sophomore, attend school every day. A failure to do so, warned Warman, could lead to a revocation of his bond.

Lanko testified that he had been doing so before his December arrest. The teen indicated his grades were in the A-B range.

Lanko told the jurist that his goal in life was to have a job and make money for his family.

“If you’re able to maintain that type of average in school there’s no reason … you could not graduate from high school and achieve a college education and attain what you are seeking,” said Warman.

Lanko also indicated, under questioning from Morrison, that he did not willingly participate in the robbery that left Lendell dead.