By Kathy Laird
CCN Correspondent
BUCYRUS — In his second trial in a week, Matthew Kunzer, 34, of Bucyrus was found guilty on two counts of assault on a peace officer; both 4th degree felonies. The jury took only 27 minutes to deliberate in Crawford County Common Pleas Court.
Special prosecutors Micah Ault and Christian Stickan represented the state of Ohio. Bucyrus attorney Andrew Motter represented Kunzer. Kunzer remained largely uninterested in the proceedings. He spent his time looking around the courtroom, greeting individuals and writing notes to his counsel.
After seating a jury of 8 men and 4 women, Judge Sean Leuthold called for opening statements. Following statements from both the state and Motter, the state called its first witness to the stand; Deputy Mark Landis, a twenty-year veteran of the Sherriff’s Department.
According to Landis, a deputy on the day shift; Kunzer had a physical altercation with another inmate during lunch. Landis placed Kunzer in a cell and got the other inmate out to separate them and investigate. He learned they were fighting because they did not like each other. He spoke with Kunzer about an hour after the incident and said that Kunzer was not the aggressor. Landis went on to explain that when inmates get into a physical confrontation jail policy says that both inmates go into what is called a lockdown status until a jail administrator can hold a hearing to determine who was responsible for the altercation. Lockdown involves removal from the general population. An inmate is in their cell for twenty-three out of twenty-four hours pending the hearing.
Two hours later Landis and Sgt. Tyson Estrada did a security walk through. Landis had a cart and totes to remove the commissary items in the other inmate’s cell. Sgt. Estrada, a second shift supervisor who came on duty at 3pm, had Kunzer’s lockdown form for Kunzer to sign. When Estrada came to speak to Kunzer he became agitated and began calling Estrada profane names.
Landis said he heard what was being said to Estrada and told the jury that Kunzer went “ape-(expletive)” on Estrada for no reason. Estrada was only trying to serve the paperwork according to Landis. Kunzer would not talk about the incident after Estrada asked him several times. Landis said that Kunzer looked over and saw the other inmate’s totes full of commissary and demanded them. “He wanted that commissary immediately” said Landis. Commissary consists of snacks and hygiene products that are purchased by the inmates through an ordering system.
After repeatedly asking Kunzer to sit on his bunk and talk about the incident, Kunzer still refused. Landis said Kunzer continued to verbally assault Sgt. Estrada. Estrada asked Landis to open the cell door. Both men were in the cell when Kunzer still refused to talk. Estrada then grabbed Kunzer by the shirt collar in an effort to restrain him and remove him to the booking area away from general population.
According to Landis, Estrada mushed Kunzer to the back of the cell while he was able to get a handcuff on his right hand. At this point, Kunzer “blew up” according to Landis. Estrada got knocked into a desk where he received a cut. Kunzer got Estrada into a guillotine style chock hold restricting his breathing. Landis, seeing Estrada gasping for air jumped on Kunzer’s back. He was thrown off Kunzer and landed on his back., knocking the wind out of him.
Meanwhile, Deputy Casey Barnett came into the cell to assist the officers. He punched Kunzer in the face until they were able to wrestle him to the ground and get the left cuff on him. They moved Kunzer to the booking area and placed him in the restraint chair. The restraint chair is used to secure combative inmates by restricting their arms, shoulders and legs.
In cross-examination, Motter noted that the report filed by Landis did not reflect that he saw Kunzer throw any punches. It was Motter’s contention that Kunzer did not punch Estrada. Motter suggested to Landis and the jury that Landis and Estrada were hurt because of the tussle at Kunzer’s resistance. Motter told Landis; “Isn’t it true that you didn’t see any punches thrown by Kunzer and that handcuffing procedures caused these injuries?’ Landis admitted he did not see Kunzer punch anyone.
On rebuttal, the state reiterated that several attempts were made to verbally de-escalate the situation. Landis testified that he had talked Kunzer down earlier in the day after the lunch incident. Landis told the jury; “He was not having it. He was too upset about it. I don’t know what set him off.”
The state called Deputy Casey Barnett to the stand. Barnett testified that he has worked at the Crawford County Justice Center for eleven years. He was watching the cell block from the control room when he saw several shadows moving around. He turned on the intercom system to the cell block and heard the profanities coming from Kunzer. He made the decision to head to the cell to assist. Barnett testified that he saw Estrada in a choke hold gasping for air. He began punching Kunzer in the face until Estrada was able to break free. Barnett had to put a knee to the back of Kunzer’s neck before he would comply. They cuffed Kunzer and moved him to the restraint chair in the booking room.
Motter cross-examined Barnett and asked him about the procedure for use of the restraint chair. Barnett explained that an inmate can be left in the restraint chair for 2 hours before he is evaluated for release from the chair. According to Barnett, Estrada asked Kunzer repeatedly if he was ready to come out of the chair and comply. Kunzer refused to leave the chair and was ultimately there for 7 hours and 45 minutes. According to policy if an inmate is in the chair for 8 hours they must be medically evaluated. Kunzer was taken to the Bucyrus Community Hospital Emergency Room for evaluation. It was discovered that he lost a tooth during the altercation.
After the altercation in Crawford County, Kunzer was moved to Wood County for housing. Deputy Hollinger, a 5 1/2-year veteran with Wood County testified that he had a conversation with Kunzer during his time on 3rd shift. Hollinger told the jury; “He said he planned to do at Wood County what he had done in Crawford County. He would lure a single deputy into his cell and then choke him to death like he should have done in Crawford County”. Hollinger said he took it as a threat. On cross-examination Motter argued that Kunzer did not have a plan for what happened in Crawford County and that it is a stretch to see that as a threat. Hollinger said he informed his Sargent of the incident.
The next witness in the trial was Sgt. Tyson Estrada. Estrada has been a Sargent supervising the 2nd shift for 3 ½ years. He testified that he oversees the shift handling between 70 and 110 inmates. Estrada said he had known Kunzer a very long time and was friends with his sister growing up.
Estrada, a certified crisis interventionist said he has talked Kunzer “off the ledge” many times. He said Kunzer had a difficult time adjusting to the death of his girlfriend while he was incarcerated. He testified that he had successfully talked Kunzer through 12-15 other outbursts. He testified that he felt safe going into the cell because he had done so often with a good outcome.
On March 2, 2018 Estrada came on duty for the second shift and was told about the lunch incident. He offered to serve the lockdown paperwork to Kunzer. Estrada put the paperwork through the bottom of the door. Estrada then said Kunzer began shouting out the cell window saying “What the (expletive) is this? I shouldn’t be in lockdown”. Estrada asked him again to sit on his bunk and talk about the situation. Kunzer said, “(expletive) you. I’m not sitting on my bunk for you, you’re a (expletive)”. Estrada said he still didn’t feel threatened as he had talked Kunzer down successfully every other time.
When Kunzer saw Landis with the totes overflowing with commissary items; he told Landis; “give me my (expletive) now.” Estrada explained that the totes had to go to the property room and if they were deemed to be Kunzer’s items they would be returned to him. Estrada said the totes did not end up belonging to Kunzer.
With both Estrada and Landis now in the cell Kunzer still refused to cooperate. He said Kunzer was posturing himself in a defensive mode groaning and clenching his fists when he grabbed his shirt collar and moved him against the wall between the table and sink. Kunzer got him in a choke hold. Landis jumped on Kunzer’s back to get him off Estrada. After a short time, Barnett entered the cell to assist and Kunzer was successfully restrained.
Estrada’s injuries were caused by the handcuff that was free flying on Kunzer’s wrist. Landis was only able to cuff one arm early in the confrontation. Estrada went to the Bucyrus Hospital Emergency room. They cleaned the cuts and did blood work related to the attack. Estrada had to have follow-up blood work done to ensure he had not contracted any disease from Kunzer.
On cross-examination Motter asked Estrada the policy on how much force an officer can use against an aggressive inmate. Estrada said that officers are permitted to defend themselves at one level greater than the aggression of the inmate. Estrada said his force was at the same level as Kunzer or possibly even one level below.
Motter then focused on the amount of time Kunzer was left in the chair. Estrada explained that after two hours in the chair he asked Kunzer several times if he wanted out of the chair. Kunzer refused to get out of the chair. Estrada told the jury that when an inmate is in the chair they are evaluated every 15 minutes to make sure their circulation is not compromised.
Motter then addressed the possibility of video evidence. Estrada said the outside of the cell was on video but nothing inside the cell was seen on video. The video was reviewed, and he determined it had no value to the case, so it was not saved for evidence. Motter contended that the video should have been saved because it might provide answers about exactly what occurred and who threw the first punch.
After Estrada’s testimony the state rested its case. For the defense Motter called one witness; Major Kent Rachel, the jail commander. Rachel explained that he oversees all procedures at the jail; Rachel reiterated the policies explained by Sgt. Estrada. When asked about the video Rachel told Motter that three sergeants reviewed the video to determine if it should be saved. When asked why Kunzer was in the chair for 7 hours and 45 minutes Rachel explained that he refused to leave the chair. He said there were no apparent life-threatening injuries on Kunzer and he was sent to the hospital for medical evaluation because of the length of his stay in the restraint chair. Rachel did not realize until later that Kunzer had lost a tooth in the altercation.
In closing arguments, the state contended that Kunzer planned the attack on Estrada. “Deputy Hollinger told you as much when he said Kunzer told him he planned to do the same thing in Wood County that he had done in Crawford County. He planned on luring a single deputy into his cell and then choking him to death” said Stickan. He also asked the jury to consider that this was planned because he refused to be talked down. It was the only time Estrada had not been able to talk Kunzer down. Stickan asked the jury to find Kunzer guilty of both assaults.
In his closing argument, Motter called Kunzer a “very disturbed individual who had been off psychotropic medication at the time”. Motter told the jury that a verbal assault is not a crime in the jail. He charged the jury that it was impossible to see who threw the first punch because potential evidence in the video was no longer available. He told the jury officer Landis had the best view and had testified that he did not see who threw the first punch. Motter told the jury; “my client did not have a plan he just resisted. Resisting arrest is different from attacking an officer. He may be a crazed inmate but there is no evidence of a plan”. Motter asked the jury to consider the evidence and render a not guilty verdict.
After only twenty-seven minutes of deliberation, the jury returned a guilty verdict on both counts. Judge Sean Leuthold read the verdicts aloud. Leuthold said he would wait until the pre-sentence investigation comes in from last week’s trial before sentencing Kunzer. He also said he wanted to read the psych evaluation from Dr. Fabian. Sentencing will take place at a later date.