Ohio Dog Park Shooting: Both Men May Lose Self-Defense Claim

An argument over President Donald Trump at an Ohio dog park erupted into a shootout that could end with a jury deciding both men acted in self-defense or that neither did, according to a legal expert speaking to Fox News Digital. Emmanuel "Mike" Mathews, 81, faces felony assault charges for shooting David Mattai, 55, on April 21 at Centerville Mills Park in Bainbridge Township. Mathews has pleaded not guilty to the accusations leveled against him by authorities.

Case Western Reserve University law professor Michael Benza explained that under Ohio statutes, a defendant loses the right to claim self-defense if they helped ignite the confrontation leading to violence. Since both men allegedly participated in escalating the conflict, the case presents a unique legal puzzle for prosecutors and defense teams alike. "They could both be found at fault, which means neither of them would get self-defense," Benza told Fox News Digital regarding the potential outcome. He noted that because self-defense relies heavily on subjective fear and perceived danger, it is also possible both men successfully claim the justification.

Mathews' attorney, Ian Friedman, stated the encounter began as a verbal argument before turning physical in the park and ending with gunfire in the parking lot. "Mr. Mathews was attempting to leave," Friedman told Fox News Digital. "He was attempting to keep himself safe." The dispute reportedly started when Mattai overheard Mathews talking to an eyewitness about Trump and 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 this initial verbal altercation, Mattai drove away but returned to the park about five minutes later while Mathews was still sitting at a picnic table with his dog.

Mathews gathered his belongings and began walking toward his vehicle, yet 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 during the scuffle. Mattai denied the headbutt allegation, but Friedman pointed out that 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 stood in the parking area after loading his dog in his vehicle and saw the weapon. The men allegedly exchanged words before Mathews fired once. This sequence of events leaves investigators trying to determine who crossed the line first or if fear drove both parties to use deadly force in that crowded public space.

Inside his Hyundai, Mattai pulled out a 9mm Taurus handgun and fired six shots almost simultaneously near Mathews' head and body. According to Friedman, these rounds struck the lower right portion of Mathews' back while he was retrieving the weapon and turning to aim. The bullet exchange did not injure Mathews directly, but his vehicle took at least four hits from Mattai's return fire.

Mattai has told The New York Times that he never touched Mathews physically after spotting the other man's gun. He claims fear for his own safety drove him to shoot back. Sally Mattai, his wife, said her husband nearly died from a severe gunshot wound to his lower back that damaged his spine and required two separate emergency surgeries. His attorney, Ryan Fisher, argues public opinion has convoluted the case.

"There are a great deal of differing opinions of what went on in the dog park that day," Fisher told Fox News Digital. His response did not address specific defense claims regarding the gun or the timing of the shots. Geauga County Sheriff's Office deputies arrested Mattai on Aug. 5. He currently faces misdemeanor charges of assault and disorderly conduct.

"You can't be the first one to draw the gun," Benza stated. Introducing a firearm changes the legal footing of a physical scuffle, but the order of events matters greatly. "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 explained.

Ohio law removes the duty to retreat when someone is lawfully in a location. Friedman noted that since Mathews was legally allowed 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."

Although the verbal argument began over politics, Friedman insists his client acted out of fear for his safety, not political retaliation. "This was never about a political dispute for Mr. Mathews," he said. However, Benza warned that Geauga County's politics could complicate seating a jury regardless of the incident's cause.

"In Geauga County, where this happened, it is a very Republican-dominated county," Benza said. The defendant might worry about jurors who are very pro-Republican or pro-Trump, creating concerns about a fair jury. Conversely, the other defendant may want a pro-Trump jury because they would feel he got what he deserved. Now the case hinges on whether a jury finds Mathews had a genuine, reasonable fear for his life when accused of shooting Mattai.

Friedman predicts evidence will show Mathews should never have been arrested, while Fisher says the case is "going to have to be flushed out by the jury in the upcoming trial." The trial is scheduled to begin Feb. 16 at the Geauga County Court of Common Pleas. If convicted, Mathews faces a minimum sentence of five years and a maximum potential sentence of 15 years in an Ohio state prison due to combined penalties for second-degree felony assault and a mandatory firearm specification.

Mattai is set for a pretrial hearing on Oct. 28 at the Chardon Municipal Court. He told The New York Times he is "willing to plead guilty or no contest," if it means avoiding jail time.