[FoxNews] A law professor says the men's roles in escalating the Geauga County confrontation create a unique legal puzzle
A shootout sparked by an argument over President Donald Trump at an Ohio dog park could end with a jury finding that both men acted in self-defense, or that neither did, a legal expert told Fox News Digital.
Emmanuel "Mike" Mathews, 81, is charged with felonious assault for shooting David Mattai, 55, on April 21 at Centerville Mills Park in Bainbridge Township, according to authorities.
Mathews has pleaded not guilty.
Since both men allegedly took part in the escalation, he said, the case presents a unique legal puzzle.
"They could both be found at fault, which means neither of them would get self-defense," Benza told Fox News Digital.
Since self-defense relies heavily on subjective fear and perceived danger, Benza said, "It's also possible both get self-defense."
COMPETING ACCOUNTS
Mathews' attorney, Ian Friedman, said the encounter began as a verbal argument, which turned physical in the park before ending in gunfire in the park’s parking lot.
"Mr. Mathews was attempting to leave," Friedman told Fox News Digital. "He was attempting to keep himself safe."
Friedman said it started when Mattai, who overheard Mathews talking to an eyewitness about Trump, disagreed with Mathews' view that Trump is one of the country's greatest presidents.
Bainbridge Township Patrolman Friedrich Kaufmann testified at Mathews’ May 5 preliminary hearing at Chardon Municipal Court that following that initial verbal altercation, Mattai drove away, then returned to the park about five minutes later.
Mathews was still sitting at a picnic table with his dog when Mattai returned.
Mathews gathered his belongings and began walking toward his vehicle, but after crossing to the other side of a park fence, an exchange of insults between the pair caused a physical confrontation.
Friedman said that Mattai grabbed Mathews by the hair and pulled him into the fence. Mathews also reported being headbutted. Mattai denied the headbutt allegation, but Friedman said an injury below Mathews' eye supports that account.
Following the physical altercation, both men retreated toward their vehicles after witness Jamie Jedlinsky, 70, reportedly stepped in to diffuse the situation.
Mathews got into his vehicle and allegedly placed a .45-caliber gun on his dashboard, when Mattai, who stood in the parking area after loading his dog in his vehicle, saw the weapon.
The men allegedly exchanged words before Mathews fired once. Mattai retrieved a 9mm Taurus handgun from inside his Hyundai, then fired six shots "almost contemporaneously" near Mathews' head and body, according to Friedman.
"We believe that Mattai was turning to retrieve his gun and coming back to aim at Mathews when the bullet struck the lower right portion of his back," Friedman added.
Mathews was not injured in the gunfire exchange, but Mattai's return fire hit Mathews' vehicle at least four times.
Mattai previously told The New York Times that he did not physically touch Mathews after seeing Mathews’ weapon, and fired back in fear of his own safety.
Mattai’s wife, Sally Mattai, told the Times that her husband almost died after suffering a severe gunshot wound to his lower back that damaged his spine and required two separate emergency surgeries.
Mattai's attorney, Ryan Fisher, said he believes public opinions have convoluted the case and created confusion.
"There are a great deal of differing opinions of what went on in the dog park that day," Fisher told Fox News Digital.
Fisher's response did not address the defense's claims about the gun or the timing of the shots.
Geauga County Sheriff's Office deputies arrested Mattai Aug. 5. He’s currently facing misdemeanor charges of assault and disorderly conduct.
# id) ?>
|
