Ohio Dog Park Shooting Over Trump Argument: Self-Defense Claims?

A confrontation over President Donald Trump at an Ohio dog park could produce an unusual legal outcome: a jury might decide that both men acted in self-defense—or that neither man qualifies for that defense, a legal expert told News Outlet.

Emmanuel “Mike” Mathews, 81, is facing a felonious assault charge after allegedly shooting 55-year-old David Mattai on April 21 at Centerville Mills Park in Bainbridge Township, authorities said.

Mathews has pleaded not guilty.

Michael Benza, a law professor at Case Western Reserve University, said Ohio law generally bars defendants from claiming self-defense if they helped provoke or escalate the encounter that preceded the shooting.

Because both men allegedly contributed to the escalation, Benza described the case as a particularly unusual legal question.

“They could both be found at fault, which means neither of them would get self-defense,” Benza told News Outlet.

At the same time, self-defense often turns on each person’s subjective perception of fear and imminent danger. For that reason, Benza said, “It’s also possible both get self-defense.”

Competing accounts

Mathews’ attorney, Ian Friedman, said the dispute began with words, became physical inside the park and ultimately ended with gunfire in the parking lot.

“Mr. Mathews was attempting to leave,” Friedman told News Outlet. “He was attempting to keep himself safe.”

According to Friedman, Mattai overheard Mathews discussing Trump with another person and challenged Mathews’ opinion that Trump ranks among the nation’s greatest presidents.

Bainbridge Township Patrolman Friedrich Kaufmann testified during Mathews’ May 5 preliminary hearing in Chardon Municipal Court that Mattai drove away after the initial argument, then returned roughly five minutes later.

When Mattai came back, Mathews remained at a picnic table with his dog.

Mathews collected his belongings and headed toward his vehicle. After he crossed to the opposite side of a park fence, however, another exchange of insults reportedly led to a physical struggle.

Friedman said Mattai seized Mathews by the hair and pulled him into the fence. Mathews also told authorities he was headbutted. Mattai denied that allegation, but Friedman said an injury beneath Mathews’ eye is consistent with his account.

The men moved back toward their vehicles after Jamie Jedlinsky, 70, reportedly intervened and helped break up the fight.

Mathews got into his vehicle and allegedly placed a .45-caliber handgun on the dashboard. Mattai, who was standing in the parking area after putting his dog inside his vehicle, then reportedly saw the weapon.

The two men allegedly exchanged more words before Mathews fired a single shot. Mattai retrieved a 9mm Taurus handgun from his Hyundai and fired six rounds “almost contemporaneously” toward 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.

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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 News Outlet.

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.”

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.

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.

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.

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.