South Russell resident Emmanuel Mathews pleaded not guilty June 10 during his arraignment before Geauga County Court of Common Pleas Judge Matt Rambo on charges stemming from the shooting of 55-year-old David Mattai at Centerville Mills Park in Bainbridge Township in April.
South Russell resident Emmanuel Mathews pleaded not guilty June 10 during his arraignment before Geauga County Court of Common Pleas Judge Matt Rambo on charges stemming from the shooting of 55-year-old David Mattai at Centerville Mills Park in Bainbridge Township in April.
Rambo announced he would continue Mathews’ $50,000 surety bond, which he posted, but remove the house arrest requirement. However, Mathews will continue to wear a GPS monitoring device.
Mathews, 80, was indicted last month on one count of felonious assault, a second-degree felony, with a firearm specification, according to Geauga County Court of Common Pleas records.
During the arraignment, Mathews’ attorney, Ian Friedman, said he filed a motion to modify the terms of the bond based on information that has emerged since the preliminary hearing in early May.
“We have had the opportunity to conduct our own investigation at this point,” he said, adding Mathews acted in self-defense after Mattai, of Auburn Township, allegedly grabbed him by the hair following a discussion about President Donald Trump.
“We have heard from the officers that it was believed that the investigation at that point showed that Mr. Mattai was the aggressor in this case. We since have received back Mr. Mathews’ vehicle,” Friedman said. “There are six bullet holes in that car that came from directions from the front of the vehicle to the back of the vehicle, showing that, quite frankly, at this point, it was Mr. Mattai who was not only the aggressor with the original assault, but also the aggressor with the shooting at the time. Everything that was reported initially in this case seems to be the exact opposite of what it has appeared to be.”
Friedman also said Mathews has never been convicted of a misdemeanor or felony and has received multiple letters corroborating his good character.
In addition, Friedman said Mathews’ cardiologist recommended he get at least 150 minutes of exercise each week and that being confined to his home under house arrest has been damaging to his health.
“He was in fact innocent and the victim of this case and it’s a shame he’s been charged in this case,” Friedman concluded. “He shouldn’t be penalized now because an early decision was made to charge in a high-profile case. It shouldn’t have been and that’s where we stand today.”
Special Prosecutor Seth Enlow, representing the state, opposed any modifications to Mathews’ bond. He noted both Geauga County Municipal Court and a Geauga County grand jury found probable cause that Mathews committed the offense.
“There was no evidence that (Mattai) threatened to harm Mr. Mathews at any point,” Enlow said. “It’s Mr. Mathews who brought out the gun for deadly force, but no deadly force was threatened. It’s Mr. Mathews who then fired first and most importantly, Mr. Mathews shot the victim in the back.”
Enlow said Mattai returned fire after being shot.
He argued the charge of felonious assault with a firearm specification is serious and that the existing bond conditions were appropriate.
“House arrest is not punishment, it is a legal condition in a serious firearm case,” Enlow said.
Enlow suggested any exceptions to house arrest should be limited to preapproved health-related exercise, medical appointments, attorney meetings and court appearances.
“I’m also going to say, Mr. Mathews, you’re going to have to find a different park,” Rambo said after announcing the bond modifications. “I don’t want you going back to Centerville Mills.”
Rambo also ordered Mathews not to use any drugs or alcohol unless prescribed by a physician.
The case will proceed before Geauga County Court of Common Pleas Judge Carolyn Paschke, who is scheduled to preside over a pretrial hearing.
