CLARION, Pa. (EYT) — The trial for Matthew Atcheson, who is accused of attempted homicide, began on Tuesday morning.

Atcheson, of Brookville, is accused of cutting the throat of New Bethlehem resident Damen Dubrock, on Saturday, October 27, 2018, at Desperado’s Bar on Broad Street in New Bethlehem.

The primary argument in the case revolves around questions of intent and justification.

Clarion County Assistant District Attorney (ADA) Drew Welsh said he plans to argue Atcheson was not justified in his actions and to provide evidence through witness testimony of what occurred that night to do so.

He noted that there were a number of people in the bar the night of the incident in question, many of whom will be testifying in the case. He also let the jury know they would be seeing video surveillance footage of the incident itself.

“Between the video and the testimony, you will get a picture of what happened,” Welsh said.

“The video and testimony will also show what led up to the event.”

Welsh called the specific moment that Atcheson reentered the bar that night, with an unfolded buck knife in his back pocket, a “critical moment” in the timeline of events.

“If I’ve done my job well, you will be able to clearly understand what happened that night,” Welsh said.

Defense attorney Christopher Urbano started off by reminding the jury that Atcheson, like any defendant in a criminal case, is considered an “innocent man” until and unless the jurors themselves decide otherwise.

He also reminded them that the burden of proof falls on the prosecution in a criminal case.

Urbano pointed out that even the courtroom is most often set up in a way to remind jurors where the burden of proof falls, with the prosecution most often seated closer to the jury.

“There’s always an exception to every rule, though,” Urbano said, noting he has visited one courtroom where the defense sat closer to the jury.

“This case is also one of those exceptions,” he continued.

Urbano went on to explain to the jury that “things are not always as they appear.” He contended that rather than focusing on “one big event,” the jury should consider the testimony regarding the whole series of events of the night in question.

He specifically noted that the jury should focus on justification, the law of self-defense, and intent.

“Pay attention to everything you hear, but most important, pay attention to what you don’t hear. You determine the credibility of the witnesses and the weight of the evidence.”

Prior to the opening arguments by the attorneys, Judge James Arner reminded the jury of the charges filed against Atcheson:

• Criminal Attempt — Murder Of The First Degree
• Aggravated Assault — Serious Bodily Injury, Felony 1
• Aggravated Assault — Assault With A Deadly Weapon, Felony 2
• Simple Assault — Serious Bodily Injury, Misdemeanor 2
• Simple Assault — Assault With A Deadly Weapon, Misdemeanor 2
• Recklessly Endangering Another Person, Misdemeanor 2

STATE POLICE FORENSIC SERVICE UNIT TROOPER TAKES STAND

Trooper Stephen Johnson, of the Pennsylvania State Police, was the first person called to take the stand. Trooper Johnson processed the scene at Desperado’s Bar on the night of October 27 into October 28, 2018.

Trooper Johnson explained the layout of the bar, using a graphic provided by ADA Welsh, showing where the main, C-shaped bar, the pool table, and two other counters, as well as the front and rear entrances were located.

ADA Welsh then went over the crime scene photos that have been submitted as evidence with Trooper Johnson to clarify what was seen in each photo, ranging from the front and back entrances of the bar, to the puddle outside the back door where a buck knife was found.

Photos submitted as evidence also included both photos of a suspected blood trail found on the sidewalk outside the front of the bar, as well as photos of suspected blood found by the nearby post office building.

There were also photos of Atcheson, while he was in custody, which showed minor injuries to his face.

Following Trooper Johnson’s testimony, Welsh asked that a stipulation, which is a formal legal acknowledgment and agreement made between opposing parties, be made that the buck knife found in the puddle belonged to Atcheson. Urbano agreed to the stipulation.

VIDEO EVIDENCE ENTERED

The next major piece of evidence entered in the trial was video surveillance footage from several video cameras operating inside Desperado’s Bar on the night of October 27, 2018.

The jurors viewed twenty individual video clips, ranging in the view and duration, of events that occurred between 10:00 p.m. and 11:46 p.m. that night.

WITNESS RECOUNTS EVENTS

James Shilling, a patron who was in attendance at Desperado’s Bar on the night in question, was the next to take the stand.

Shilling identified himself and Dubrock in video footage from the night in question and recounted the events of the night from his perspective.

He noted that the first time he noticed anything out of the ordinary was when Atcheson began “slamming on the bar,” and Dubrock went over to tell Atcheson to “knock it off.” He noted some “pushing and shoving” then began and said he stepped in.

“I was trying to calm the situation. I didn’t want a fight.”

Shilling said Atcheson’s wife then got involved and “got him out.” He pointed out in the video footage where he temporarily locked the back entrance behind them.

Though he was nearby when the initial scuffle occurred, he couldn’t recall hearing exactly what the two men said to each other during the scuffle.

Shilling noted that Atcheson did come back again, after the door was unlocked, and was asking for his phone. He reported Atcheson then went out, only to come back a second time, asking Dubrock to “step outside” with him in a manner that indicated a fight.

According to Shilling, several people went outside. However, Shilling reported that being one of the last out the door, he didn’t see what actually occurred between the two men. He did, however, note that Atcheson came back later with bruising to his face.

Shilling reported then noticing the unfolded knife in Atcheson’s back pocket, and calling out “knife” to warn others Atcheson was armed.

“I think Damen (Dubrock) was the only one who heard.”

According to Shilling’s testimony, Dubrock turned after hearing him call out, and that’s when Atcheson struck.

When questioned more closely about the events, he reported being unable to hear anything that was said between Dubrock and Atcheson just prior to the knife incident, but noted Atcheson did seem upset.

During the cross-examination by the defense, Shilling reported being at the VFW for the “Punkin Chunkin” event earlier that day, but stated he hadn’t been drinking there, and was still on his first beer of the night at Desperado’s when the night’s events occurred.

Further questioning also surrounded the incident where Atcheson, Dubrock, and several other men all stepped out the back door, prior to the knife incident. Shilling reiterated that he did not see what occurred outside.

“I heard that Damen (Dubrock) hit him, but it was done when I was stepping out.”

In response to a question about whether or not it would be common for someone in the local area to have and/or carry a buck knife like the one found at the scene, Shilling agreed it is fairly common.

However, under further questioning from ADA Welsh, he noted that carrying such a knife open/unfolded in one’s pocket into a bar, as Atcheson did later that night, would not be common.

A review of the video footage from the night showed that during the time that both Atcheson and Dubrock stepped outside, with four others, Shilling was outside for a total of eight seconds.

BARTENDER RECOUNTS EVENTS

Brinnalyn Bish, the bartender who was working at Desperado’s Bar, was the next witness to recount the events of the night in question from the stand.

Bish, who counted Dubrock among her friends and said she had previously dated his brother, described him as a “happy-go-lucky” person who started that night at Desperado’s playing pool with friends. When questioned about Atcheson, Bish noted she may have seen him around once or twice previously, but didn’t know him particularly well.

She recounted that the interactions between the two men began to sour after Atcheson was “cut off” for appearing to have had too much to drink, and then began “slamming” the bar and being “disrespectful” to her when she refused to continue to serve him and wouldn’t acknowledge his requests.

Bish said “Damen (Dubrock) asked him to calm down,” and then “there was a little pushing and shoving.”

In her testimony, Bish reported Atcheson threatened Dubrock during the scuffle, saying, “I’m going to f****** kill you.”

At that point, she reported Atcheson’s wife got involved and “got physical” with Atcheson. Bish said they were both then asked to leave the establishment and headed out the back door.

However, they soon returned. While Bish was uncertain about the details, she recalled Atcheson coming back in looking for something, which she later discovered was his phone when it was found. She called the night “pretty chaotic” and noted she didn’t see what happened when Atcheson came back again and went back outside with several other people.

She did take note when Atcheson’s wife came back inside, shouting about “who did that” to her husband. Bish said Atcheson soon followed his wife back inside, and she saw he was “covered in blood and mud.”

According to Bish, when Atcheson came back inside he zeroed in on Dubrock, who she referred to as “his target.”

Bish reported seeing Atcheson “go after” Dubrock and slitting his throat. Bish then ran to the kitchen to call 9-1-1.

The recording of her frantic 9-1-1 call was then played for the jury. Along with Bish’s request for an ambulance, other shouting and commotion could be heard in the background of the recording.

The defense’s cross-examination of Bish first focused on the earlier interaction between Atcheson and Dubrock. The defense replayed the video footage of Atcheson’s behavior when he was allegedly upset about being “shut off” and questioned whether he was “slamming” or “tapping” the bar.

“He was slamming it,” Bish said.

The defense also questioned Bish about the resulting scuffle and asked if she would agree that Dubrock “started it” by pushing Atcheson. Bish disagreed and stated Atcheson “started it” with his “aggressive” behavior and “disrespect.”

“I don’t remember what he specifically said (to Dubrock), but it was aggressive,” Bish said.

“I guess you had to be there.”

Further questioning revolved around her statements to police that night. Urbano asked Bish to look over the state police report of her statements and find where she told them about Atcheson’s threat to “kill” Dubrock during the scuffle.

Bish noted that statement wasn’t in the original police report of her interview.

“You’re asking about a portion of the night the police weren’t focusing on,” she said.

Urbano noted she did report that later in the night Atcheson said “I’m going to f****** stab you,” to Dubrock, but argued the statements had substantially different meanings.

Bish reiterated that she had heard Atcheson say “I’m going to f****** kill you,” to Dubrock earlier in the night, as well, and said again that it wasn’t in the state police interview because “they were focusing on the end (of the night).”

When Urbano noted the intent between “stab” and “kill” are quite different, Bish stated “When you do it from ear to ear, that has a lot of intent.”

WITNESS SAYS DUBROCK STRUCK ATCHESON OUTSIDE

Ryan Carlson, another patron who was in attendance at Desperado’s Bar on the night in question, was the next to take the stand.

Carlson, who noted he has known Dubrock since they went to school together and didn’t know Atcheson prior to the events of the night, reported first becoming aware of some turmoil when he heard the two men yelling at one another inside the bar.

When questioned further about the night, Carlson noted he had been drinking and a lot of the nights events were “blurry” in his memory.

However, he did state he remembered when he accompanied Atcheson, Dubrock, and several other men out the back door.

“Damen (Dubrock) hit Matt (Atcheson),” Carlson stated.

He reported that Dubrock struck Atcheson just one time, and Atcheson then fell to the ground. Under questioning, he agreed that he didn’t see Atcheson hit anyone, or anyone else strike or kick Atcheson. He said he then went back inside and went back to the game of pool he’d been playing.

Under further questioning, he said he did hear someone yell “knife” before Dubrock was cut, but was “not 100 percent sure” who it was that yelled.

He also said at the moment Atcheson cut Dubrock’s neck, he didn’t hear the interaction between the two men just prior to the incident.

He recounted that Atcheson then left through the front door of the bar, and he walked outside to look for Atcheson, but didn’t find him.

Under cross-examination, when questioned more closely about the events that occurred earlier, when the men stepped outside the back door of the bar, Carlson reported that he didn’t actually see the alleged physical contact between Dubrock and Atcheson when he walked outside. He noted Atcheson “was already falling to the ground” when he got outside.

He also agreed that he did not see anyone else strike or kick Atcheson.

WITNESS REPORTS SEEING DUBROCK STRIKE ATCHESON OUTSIDE

William “Billy” McElravy, another patron who was in attendance at Desperado’s Bar on the night in question, was the next to take the stand.

When questioned about the events that occurred when the group of men, including Atcheson and Dubrock, stepped outside the bar earlier in the night, McElravy stated he saw Dubrock strike Atcheson.

According to McElravy’s testimony, Dubrock punched Atcheson in the face one time, and Atcheson then fell forward into a puddle.

McElravy, who reported knowing both men prior to the events of that night, said he stayed behind a moment and helped Atcheson up, then “handed” him off to a woman who came out of Diddy’s Bar next door.

Under further questioning about events leading up to the scuffle behind the bar, McElravy reported being “in his own little world” and having not heard anything Atcheson and Dubrock said to one another.

“It was quick,” he said, referring to the scuffle outside.

Under cross-examination, McElravy noted that Atcheson was bloody when he came back inside after the outdoor scuffle, but clarified he “didn’t know” if the blood was from being struck, or from possibly hitting his face on the ground when he fell.

When questioned about the moment that Atcheson cut Dubrock, he reported seeing Atcheson’s “hand go past Damen’s neck.”

He agreed that he couldn’t say “how it all started” and didn’t see any other physical contact between the two men that night, prior to the incident outside.

WITNESS MISSED KEY MOMENTS

Brad Ryan, who was also at the bar that night, took the stand, but had little to add to the testimony.

Ryan, who called Dubrock a “longtime” friend, and said he didn’t know Atcheson prior to that night, said he saw the two men argue inside the bar earlier in the night, but didn’t hear any of the argument.

According to Ryan’s testimony, he was one of the men who went outside with Atcheson and Dubrock, but he didn’t see what occurred between the two of them.

He reported that Atcheson’s wife then returned to the bar before Atcheson and interrupted a conversation he was having with Brittany Tassey, but he was unable to recall what Atcheson’s wife said to Tassey.

When questioned about the knife incident, Ryan reported he saw Dubrock’s injury afterward, but didn’t directly see what occurred.

WITNESS RECALLS TRYING TO HELP DUBROCK

Brittany Tassey, yet another patron of Desperado’s Bar on the night in question, was the next to take the stand.

Tassey explained she started the day with Atcheson and his wife, who she said was a friend, at the “Punkin Chunkin” event at the New Bethlehem VFW. She noted she went from the VFW to Diddy’s Bar and then on to Desperado’s where she witnessed the first scuffle between Atcheson and Dubrock.

According to Tassey’s testimony, it began when Atcheson spilled a drink, which upset Dubrock. She said she helped Matt clean up the spill, but he was then cut off by the bartender. She noted that Atcheson was “upset” by being cut off and began to try to argue with the bartender, and said Dubrock told Atcheson not to argue.

When questioned further about the incident, she noted that Atcheson and his wife then “got into a shoving match” before leaving the bar. She noted she couldn’t recall the specifics of what was said as the two pushed at each other.

While viewing video footage, she recalled that the bartender gave her Atcheson’s phone to return to him, though she couldn’t recall exactly when she gave it back to him.

When questioned about the events that occurred outside, she noted she didn’t go outside and couldn’t say what had occurred, but was there when Atcheson’s wife came back inside yelling about “who did this to Matt.”

Tassey reported the next thing she recalled was Dubrock bleeding, and hearing something about him being “cut.”

“I immediately grabbed his neck,” Tassey said.

Tassey, who noted she is a trained nurse, said she was most concerned with getting Dubrock the medical attention he needed. She reported that although he was bleeding heavily, he walked out of the bar and tried to walk away, making it as far as the post office area, though she tried to get him to wait for the ambulance that was called.

“He said he was getting cold then, and I knew it was down to the wire.”

Tassey went on to say she saw the ambulance approaching and ran out to flag it down.

Under cross-examination, Tassey reported that when Atcheson came back inside the bar after going outside with several other people, he looked “beat up” and was “staggering.” She noted he had injuries to his face, but under further questioning explained that she couldn’t attest to any possibility of “head injuries” such as a concussion from just seeing him across a room.

TROOPER RECALLS PHOTOGRAPHING DUBROCK’S INJURIES

The final witness of the day on Tuesday was Trooper Vaughn Norbert of the Pennsylvania State Police.

In his testimony, Trooper Norbert stated he took the photographs, which were entered as evidence, of Dubrock’s injuries. He noted the photographs were taken “several weeks” after the events at Desperado’s Bar, after “the bandages were taken off.”

The trial was then adjourned for the day, and set to resume at 9:00 a.m. on Thursday, December 19.