CLARION, Pa. (EYT) — On Friday afternoon, a jury found Matthew Atcheson guilty of attempted murder and four additional charges.

In addition to first-degree felony Attempted Murder, 38-year-old Matthew Duane Atcheson, of Brookville, was also found guilty of the following charges:

• Aggravated Assault, Felony 1
• Aggravated Assault, Felony 2
• Simple Assault, Misdemeanor 2 (two counts)
• Recklessly Endangering Another Person, Misdemeanor 2

The jury deliberated for approximately an hour and a half before reaching their guilty verdict.

He will be sentenced by President Judge James G. Arner during a special sentencing to be scheduled at a later date.

Atcheson remains lodged in the Clarion County Jail after his bail was revoked following the verdict.

DAY THREE OF TRIAL

The third day of the trial on Friday opened with the last two witnesses for the defense taking the stand.

Gregory Yeany, a Clarion County Corrections officer, was the first to testify.

Yeany was in attendance at the Clarion County Jail in the early morning hours of Saturday, October 27, 2018, when Atcheson was brought to the jail.

When questioned about Atcheson’s state at the time, Yeany noted Atcheson was wet and muddy with a swollen face and dried blood above his eye.

Yeany also testified to having refused to admit Atcheson until he had been medically cleared, at which time he was allegedly taken to the Clarion Hospital Emergency Room for evaluation.

Under cross examination regarding the refusal and need for medical evaluation, Yeany stated he believed the criteria was set for “financial reasons” regarding “who foots the bill.”

When asked how soon Atcheson returned to the jail from the hospital, Yeany stated it was “a couple of hours later.”

ATCHESON TAKES THE STAND IN OWN DEFENSE

The final witness to take the stand was Matthew Atcheson himself.

In the initial questioning, Atcheson stated he remembered what occurred on the night in question, though he noted his memory was “not perfect” and stated “we were all drinking, but I know mostly what happened.”

He testified that he and his wife went to Desperado’s after attending the Punkin Chunkin event at the VFW earlier in the day and noted he also briefly visited both the Eagles Club and Diddy’s Bar at various times, though he spent the majority of his time in Desperado’s.

According to Atcheson’s testimony, the evening’s conflicts began over a spilled drink. He reported that Dubrock became angry after the drink was spilled, despite an apology, and called him “an idiot” and they then “had some words.”

Atcheson readily admitted in his testimony that he was “shut off” from ordering further alcohol after the spilled beer incident and was being ignored by the bartender. He testified that he “tapped” on the bar in an attempt to get the bartender’s attention, and Dubrock then confronted him. He contested an earlier statement that he was “being disrespectful” and stated that Dubrock “was using an excuse to pick a fight.”

In his testimony, Atcheson admitted once the argument began he may have “raised his voice,” but denied calling anyone names. He agreed with previous testimony that Dubrock pushed him and that his wife also “shoved” him several times before the incident was broken up.

When questioned about why he returned to the bar, Atcheson stated he was looking for his phone, which he later received from (Brit Tassey). When questioned about what he said to Dubrock during his visits back to the bar, Atcheson was “unable to recall” what he may have said.

In regard to the incident that occurred outside the back door of the bar, Atcheson alleged that he was leaving, and Dubrock and the other men “followed him outside.” He testified that he was then “punched from behind” at which point he fell into the mud puddle where he said he was “kicked repeatedly” by three or four people.

When asked specifically, he estimated he was kicked a dozen or more times.

Atcheson further testified that after being helped up by Joanne Smith, he went to look for his wife and went straight back into Desperado’s. He noted he moved his knife to his back pocket.

According to Atcheson’s testimony, after he reentered Desperado’s Bar, Dubrock walked up to him while several other men “came up behind” him. He reported that he “backed up” but found himself with nowhere to go and felt threatened.

“I had no way to turn around and leave,” Atcheson stated.

“I had just gotten my face beat in by three or four people outside.”

Atcheson went on to state he “didn’t know what was going to happen,” and feared being “jumped” again. He testified that he pulled out the knife, opened it, and swung it in front of him in “a motion to get away.”

During his testimony, Atcheson stated he did not intend to make contact and had no intention of hurting anyone.

He reported that he “didn’t realize” the knife made contact at the time and left without realizing what had occurred.

“I just wanted to get out of the situation,” he stated in his testimony.

However, under cross examination, some details became muddied.

When questioned about why he spoke to Dubrock or what he said when he was allegedly returning to the bar to get his phone, Atcheson was unable to recall. After specifically stating he was trying to avoid Dubrock during his testimony, when asked why he then approached and spoke to him, Atcheson didn’t have an answer at first, then stated “maybe I asked ‘are we good?’”

Further questioning centered on the incident where he alleged the other men “followed him” outside and said he was punched from behind. ADA Welsh replayed video footage for the jury and questioned how he was struck from behind when he appeared to back out of the door. Atcheson said he did not know.

ADA Welsh also challenged Atcheson’s statement that he “didn’t have time” to reach for his knife when he was “attacked” outside the bar, noting the video appeared to show him reaching for his pocket.

Further questioning centered around what happened after Atcheson got up from the ground outside. In his initial testimony, he stated he went back into Desperado’s Bar, looking for his wife. ADA Welsh asked about the multiple previous witnesses who stated he had entered Diddy’s Bar, wet and muddy, where he had allegedly found his wife, and Atcheson said he couldn’t recall the specific testimony.

When questioned, Atcheson admitted the video footage showed his wife entering Desperado’s Bar shortly before him, following the incident outside, but was unable to answer how it was he then went into Desperado’s Bar allegedly “looking for his wife” when she would have had to walk directly by him outside.

“I may have been a little out of it,” Atcheson said during the testimony.

The questioning then moved on to the subject of the knife. Atcheson initially testified that he carries a knife daily and regularly uses it for work, for things like cutting plastic and binding. When asked about where he carries his knife, he stated “in my front right pocket.”

In the cross examination, he was asked about the knife again, and whether it was folded or unfolded in his pocket. Atcheson stuck with his initial assertion that the knife was folded in his pocket, even after ADA Welsh questioned the possibility due to video footage where it allegedly appeared a black knife handle was sticking out of his back pocket.

Atcheson also stuck to his testimony that he pulled it out, unfolded, and “swiped up” with the knife in a single, quick motion, and was asked to demonstrate for the jury.

When asked if he dropped the knife in the puddle outside, Atcheson agreed that he did. When asked again about whether or not he realized he had cut someone, he asserted again he did not realize it until receiving text messages about the incident later.

Additional questioning revolved around Atcheson’s statements to the police following the incident. Atcheson was asked if he told police the “the last thing” he remembered was “being jumped outside” and responded “I didn’t know what was going on at the time.”

When asked again if he remembered what happened that night when he spoke to the police, Atcheson said “maybe not to the extent I do now, but I remembered most of it.”

He also went on to testify that after he told the police about when he was allegedly “jumped,” he then asked for a lawyer.

“I didn’t know what I was being charged with. They wouldn’t tell me,” he stated.

FINAL ARGUMENTS

Following Atcheson’s testimony, the prosecution and defense made their final arguments.

Defense attorney Christopher Urbano reiterated some of his initial statements from his opening remarks, noting that Atcheson remains an “innocent man,” and reminded the jury “things aren’t always what they appear.”

Urbano noted that the case is a complicated one, with multiple witnesses, many of whom gave differing information and details.

“Face it, people don’t get the details all right,” Urbano stated. “Recollection is not perfect.”

He went on to note that along with imperfect memory, the jury also needs to evaluate the credibility of the witnesses, and be aware of any possible dishonesty or biases. He also reminded them that they needed to be certain beyond a reasonable doubt.

“In this case, I just don’t see how you could not pause in making a decision. It’s not that simple.”

Urbano noted Atcheson was “already harmed significantly” that night and had “every reason to believe he could be attacked again.”

“Anyone in that situation would have concerns, and that’s what justification is about,” Urbano stated.

“Under the circumstances, his use of force was not unwarranted.”

Urbano went on to remind the jury the importance of intent in the charges and said their decision is “very much about reasonable doubt. If there’s reasonable doubt, you must acquit.”

ADA Drew Welsh opened his closing argument by noting that while there are some matters being disputed in the case, many issues in the case are completely undisputed, from the fact that Dubrock shoved Atcheson to the fact that Atcheson cut Dubrock’s throat.

He noted the primary issues disputed revolve around intent and issues of possible self-defense.

Welsh then ran down through a timeline of the events of the night, showing, also, some of the video evidence again. He covered the major events of the night, from the early part where Atcheson and Dubrock are apparently seen playing pool together, through the end of the night, when Dubrock makes his way outside, clutching his bleeding throat.

“As you watch, remember the testimony,” Welsh said, reminding the jurors of key places where the stories varied.

He paid particular attention to footage of the incident where Dubrock allegedly shoved Atcheson, noting four witnesses all reported Atcheson said he was going to “kill” Dubrock and “slit his throat” and asking jurors to look closely at the interactions and the expressions on the faces of the people in the video.

He also replayed the footage of the point where Atcheson, Dubrock, and several others all exited through the back door of the bar and asked the jurors to watch closely to see if they could see which way Atcheson was facing, if they believe Atcheson was reaching for his pocket as he walked out, and any details they could catch through the opening and closing door.

He noted Smith was the only witness to report seeing anyone kick Atcheson and asked the jury to ask themselves when Smith saw that, considering the timestamps on the video and how long people were outside.

Then he addressed the “critical event” when Matt Atcheson reentered Desperado’s Bar and slashed his knife across Damen Dubrock’s throat.

Welsh reminded the jury Atcheson repeatedly stated he went back inside to look for his wife, however, Welsh noted the video footage showed Atcheson’s wife entering Desperado’s a very short time before him and would have had to walk right by him outside to enter.

“I submit to you that he had already found her,” Welsh said.

He went on to question Atcheson’s testimony that the knife was folded in his pocket, asking the jury if that made sense with what they viewed in the video footage.

He also asked them if it made sense to them if Atcheson really believed he had done nothing wrong, as he testified, and didn’t realize the knife made contact, that Atcheson, a self-professed collector of knives, also admitted to having dropped the knife outside in a puddle, with no further explanation.

“I submit to you that he tried to dispose of the evidence,” Welsh said.

Welsh also noted that while Atcheson said he had “nowhere to go” and felt “surrounded,” it appeared in the video footage he had a clear path to the front door of the bar.

Welsh closed his arguments with a reminder to the jury that a defense based on justification or self-defense relies on the individual defending himself from eminent seriously bodily harm, or having a reasonable belief they are in danger of serious bodily harm.

“You have to look at all the circumstances. He had a chance to leave. He could have done many things differently,” Welsh said.

“He had the knife open, he pulled it out before he turned, and he used a deadly weapon on a vital part, then dropped the knife outside in a puddle and fled.”

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