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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.
Case Western Reserve University law professor Michael Benza said that under Ohio law, defendants lose the right to claim self-defense if they helped ignite the confrontation that led to the shooting.
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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.
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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.
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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.
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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.
‘You can’t be the first one to draw the gun’
Benza said introducing a firearm changes the legal footing of a physical scuffle, but he emphasized that the order of events greatly matter.
“You go from OK, we’re hitting each other… physically, punches are being thrown. Now you’ve pulled a weapon. You have now escalated this fight, which then justifies me escalating my response by then pulling my own gun and defending myself,” he said.
“But you can’t be the first one to draw the gun.”
Ohio law removes the duty to retreat when someone is lawfully in a location. Friedman said that since Mathews was legally allowed to be at the park, he had no obligation to flee.
“He certainly had no duty to retreat,” Friedman said. “Had he done anything different from what he did do in those seconds, he may not be here to talk about it today.”
Political challenges
Friedman said although the verbal argument began over politics, his client acted out of fear for his safety, not political retaliation.
“This was never about a political dispute for Mr. Mathews,” he said.
Benza, however, said the county’s politics could potentially complicate seating a jury, regardless of why the incident happened.
“In Geauga County, where this happened, it is a very Republican-dominated county,” Benza said.
“The one defendant may be concerned that he will end up with jurors who are very pro-Republican or pro-Trump, which would create his concerns about a fair jury.”
“The other defendant may want a pro-Trump jury because they would be so, well, he got what he deserved or something to that effect.”
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Now, the case may come down to a jury deciding whether Mathews had a genuine, reasonable fear for his life when he is accused of shooting Mattai.
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Friedman predicted the evidence would show Mathews should never have been arrested, while Fisher said the case is “going to have to be flushed out by the jury in the upcoming trial.”
Mathews’ trial is scheduled to begin Feb. 16, at the Geauga County Court of Common Pleas.
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If convicted, he could face a minimum sentence of five years and a maximum potential sentence of 15 years in an Ohio state prison, due to combined penalties of a second-degree felony assault charge and a mandatory firearm specification.
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Mattai is scheduled for a pretrial hearing Oct. 28, at the Chardon Municipal Court. He told the Times that he is “willing to plead guilty or no contest,” if it means no jail time.
