
一场因争论特朗普总统而在俄亥俄州狗公园引发的枪击事件可能以陪审团认定双方均属正当防卫,或双方均不构成正当防卫而告终,一位法律专家对福克斯新闻数字版表示。
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.
根据当局的说法,81岁的埃马纽埃尔“迈克”·马修斯因在4月21日于贝恩布里奇镇的Centerville Mills公园向55岁的大卫·马泰开枪而被控重罪袭击。马修斯已认罪不成立。
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.
凯斯西储大学法学院教授迈克尔·本扎表示,根据俄亥俄州法律,如果被告帮助点燃了导致枪击的冲突,则失去主张正当防卫的权利。
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.
由于双方据称都参与了冲突的升级,他说,此案呈现出一个独特的法律难题。
Since both men allegedly took part in the escalation, he said, the case presents a unique legal puzzle.
“他们可能都被认定有过错,这意味着他们中的任何一人都无法获得正当防卫辩护,”本扎对福克斯新闻数字版说。
"They could both be found at fault, which means neither of them would get self-defense," Benza told Fox News Digital.
由于正当防卫高度依赖主观恐惧和感知到的危险,本扎说,“也有可能双方都获得正当防卫。”马修斯的律师伊恩·弗里德曼表示,这起事件始于一场言语争执,随后在公园内升级为肢体冲突,最终在公园停车场演变为枪击。
Since self-defense relies heavily on subjective fear and perceived danger, Benza said, "It's also possible both get self-defense." 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.
“马修斯先生当时正试图离开,”弗里德曼对福克斯新闻数字版说。“他正试图保护自己的安全。”弗里德曼说,事情的起因是马泰在公园里听到马修斯与一名目击者谈论特朗普时,不同意马修斯认为特朗普是该国最伟大的总统之一的观点。
"Mr. Mathews was attempting to leave," Friedman told Fox News Digital. "He was attempting to keep himself safe."
贝恩布里奇镇警长弗里德里希·考夫曼在马修斯于5月5日在查登市政法院进行的初步听证会上作证称,在这次最初的言语冲突之后,马泰开车离开,然后大约五分钟后返回了公园。佛罗里达州男子持斧头和砍刀在普布利克斯停车场冲突,警方称当马泰返回时,马修斯仍坐在野餐桌旁,陪伴着他的狗。
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.
马修斯收拾好自己的物品,开始朝他的车辆走去,但在穿过公园围栏到达另一边时,这对夫妇之间的辱骂升级为肢体冲突。
FLORIDA MEN WIELDING HATCHET AND MACHETE CLASH IN PUBLIX PARKING LOT, POLICE SAY Mathews was still sitting at a picnic table with his dog when Mattai returned.
持枪夫妇在病毒式传播的BLM对峙中重获火力 — — 以及“声音” — — 法律纠纷结束后回归。弗里德曼表示,马泰抓住马修斯的头发并将他拉向围栏。马修斯还报告称自己被顶头。马泰否认了这一头部撞击的指控,但弗里德曼说,马修斯眼下方的伤势支持这一说法。
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. GUN-WIELDING COUPLE IN VIRAL BLM STANDOFF GOT FIREPOWER — AND 'A VOICE' — BACK AFTER LEGAL SAGA 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.
在肢体冲突之后,目击者杰米·杰德林斯基(Jamie Jedlinsky),70岁,据称介入以缓和局势,随后两人各自朝各自的车辆退去。
Following the physical altercation, both men retreated toward their vehicles after witness Jamie Jedlinsky, 70, reportedly stepped in to diffuse the situation.
马修斯进入他的车辆,并据称将一把.45口径的手枪放在了仪表盘上。此时,马泰在为他的狗装车后站在停车区,看到了这把武器。
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.
据称,两人随后交换了言语,接着马修斯开了一枪。马泰从他的现代汽车内取出了一支9毫米口径的陶鲁斯手枪,随后“几乎同时”向马修斯的头部和身体开出了六枪,弗里德曼如是说。
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.

“我们认为,马泰当时正在转身去取他的枪,并返回瞄准马修斯时,子弹击中了他背部的下右侧,”弗里德曼补充道。
Mathews was not injured in the gunfire exchange, but Mattai's return fire hit Mathews' vehicle at least four times.
在交火中,马修斯未受伤,但马泰的还击至少击中了马修斯的车辆四次。
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.
马泰之前曾告诉《纽约时报》,他在看到马修斯的武器后并未对他进行身体接触,开火纯属出于对自身安全的恐惧。
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.
马泰的妻子莎莉·马泰(Sally Mattai)告诉《纽约时报》,她的丈夫因下背部遭受严重枪伤导致脊椎受损,几乎丧命,并接受了两次独立的紧急手术。
Mattai's attorney, Ryan Fisher, said he believes public opinions have convoluted the case and created confusion.
马泰的律师瑞恩·费舍尔(Ryan Fisher)表示,他认为公众舆论已经使案件复杂化并造成混淆。
"There are a great deal of differing opinions of what went on in the dog park that day," Fisher told Fox News Digital.
“人们对那天在狗公园发生的事情有着诸多不同的看法,”费舍尔对福克斯新闻数字版说道。费舍尔的回应并未涉及辩方关于枪支或射击时间的主张。
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.
Geauga县治安官办公室的副警长于8月5日逮捕了Mattai。他目前面临轻罪指控,包括袭击和扰乱公共秩序。
He’s currently facing misdemeanor charges of assault and disorderly conduct. Benza said introducing a firearm changes the legal footing of a physical scuffle, but he emphasized that the order of events greatly matter.
Benza表示,引入枪支会改变肢体冲突的法律基础,但他强调事件的顺序至关重要。"你从'好吧,我们互相打斗……身体上,拳头正在飞舞',变成你掏出了一把武器。你现在已经升级了这场冲突,这随后就证明了我通过掏出自己的枪来升级我的反应并进行自卫是合理的,"他说。"但你不能是第一个掏出枪的人。"俄亥俄州法律规定,当某人合法地处于某个位置时,无需承担退避义务。
"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表示,由于Matthews在公园里是合法允许的,他没有义务逃离。"他当然没有退避的义务,"Friedman说。"如果他在当时的那些秒内做了任何不同的事情,他可能今天就不会在这里谈论这件事了。"Friedman还说,尽管言语争论始于政治问题,但他的当事人是出于对自身安全的恐惧而行动,而不是出于政治报复。"对Matthews先生来说,这从来不是关于政治争端的,"他说。
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." 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.
然而,Benza表示,该县的政治可能会潜在地影响陪审团的组成,无论事件发生的原因是什么。"在这个事件发生的Geauga县,这里是一个非常以共和党为主的县,"Benza说。"一名被告可能担心他最终会遇到非常亲共和党或亲特朗普的陪审员,这会引发他对公平陪审团的担忧。" "另一名被告可能希望有一个亲特朗普的陪审团,因为他们认为那样的话,他就是活该,或者类似的意思。"
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."

现在,此案可能将取决于陪审团来决定Matthews在被指控向Mattai开枪时,是否确实出于对自身生命的真实且合理的恐惧。
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.
弗里德曼预测证据将显示马修斯根本就不该被逮捕,而费舍尔表示此案“将不得不由陪审团在即将到来的审判中彻底查清。”马修斯的审判定于2月16日在乔治亚县普通诉讼法庭开始。
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.
如果被定罪,他可能面临至少五年、最多十五年的俄亥俄州监狱刑期,这是由于二级重罪袭击指控和强制性枪支规范的累计处罚所致。
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.
马塔伊的预审听证会定于10月28日在查登市政法庭举行。他告诉《时代报》,如果这意味着不入狱,他“愿意认罪或不抗辩”。
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.