CLEARFIELD – A Clearfield man accused of assaulting a man in bed with his former girlfriend was found guilty of two out of four counts of assault on Tuesday.
Matthew Houser was charged with two counts of aggravated assault and two counts of simple assault.
His trial started off with his former girlfriend testifying that she and Matt had an on-and-off kind of relationship. She testified that at the time of the incident, June 7, 2008, she was dating both Houser and the victim in the case.
She said that on June she was at the other man’s house when Houser, who lived with her on the weekends, tried repeatedly to contact her. She said the next day when returned home she and Houser got into an argument due to Houser learning about her other relationship. She also said that Houser said he was done. She said she asked for the key to her apartment back, which is where Houser also lived. She said that Houser packed up some of his stuff and told her he threw his key into the grass, but she didn’t believe that.
“As far as I knew he had a key,” she said.
She testified that on June 7 she and Houser were planning on attending a wedding, but that after the argument, Houser refused to go. She said that she attempted to contact Houser on different occasions during the wedding but she could not reach him.
At some point she met up with her other boyfriend and they went back to her apartment. She said she took a Zanax before going to bed and woke up to blood and someone saying “Stop.” She said that Houser was beating on her other boyfriend, who got up and fled the apartment. She said that she then ran out of the bedroom.
The commonwealth presented photos of the woman’s bed with blood on it as well as on the wall behind it.
Under cross-examination the woman testified that the other man sometime used her phone to contact Houser but deleted the text message outbox so she could not read it.
The victim in the case testified that he had been seeing the woman since March 2008. He said that at one point he lived in the apartment with her. He said that on June 7 he received a text message from Houser, whom he said had called him and left messages to him before.
He read one message that was entered into evidence that stated, “I hope I run into your ass tonight when I come to Brockway looking for you.” He read another message Houser sent him that had an address in the test as well as this: “I know where you lay your head at night too.”
He stated that the messages were frightening.
“It makes you think,” he said.
He then testified that after going to bed the next thing he remembered was waking up to being pummeled. He said that Houser was telling him he was going to “kick his ass.”
“What made him stop,” asked Assistant District Attorney Leanne Nedza.
“Maybe the blood,” said the victim.
He said he gathered his clothes, which he said were in the living room, and fled the apartment. He said the then contacted the police once he was outside and away from the apartment.
Nedza presented the man with photos taken by the police that showed his bloody and swollen face and blood coming from his left ear. He said that his mouth was cut up, he received 11 stitches on his forehead and four in his ear. He said his jaw hurt for about a week after the incident and that he missed three weeks of work because of the damage done to his ear.
Under cross-examination by Houser’s attorney Gary Knaresboro, the man admitted that he had sent Houser text messages in the past, though he said he could not remember what the messages said. He said that messages were aggressive.
“When someone threatens you, you’re not going to be civil,” said the man.
The victim also testified that Houser did not have clothes at the residence.
Officer Steve Maholtz of the DuBois City Police Department testified that police were called for an assault around 3:50 a.m. on June 7, 2008. He said the responded to a parking lot about 3-4 blocks from the apartment where the incident took place and met with the victim. He said the man had blood all over his face, which was also swollen. He said the victim identified Maholtz by name, and that he initially did not recognize the victim, whom he knows.
He said that he and another officer went to the apartment. He said the woman was distraught and that she told him she was awoken by the fight. Maholtz said that in the bedroom there was blood on the bed, behind the bed and on the walls.
Maholtz said he talked to Houser, who he also knew, about the incident. He said Houser asked him how he would feel if he came home to find some guy in bed with his wife or girlfriend.
Under cross Maholtz said that Houser was up-front with him. He also testified under cross that the only text messages he was shown were ones the victim showed him.
Houser was the last person to take the stand. He confirmed that he and the woman had an on-and-off relationship and that sometime prior to the incident they had gotten back together. He indicated that he was aware she was up to something, and that on June 6 she did not return home, so he called and texted her. He later said that he talked to her mom and step-dad, who went to look for her, and that’s how he found out she was at the victim’s residence.
He said that on June 7, 2008 he and the woman got into an argument over the situation. He said that he was supposed to go a wedding with her, but due to her family knowing about the other man prior, he was not going to go to be made a fool of.
Houser testified that the woman attempted to contact him throughout the day but that he did not respond because he was upset.
Knaresboro asked Houser if he sent the man text messages. Houser admitted to doing so.
“It was an attempt to scare him away from her,” said Houser. He also testified that the man would send him antagonizing text messages and phone messages from the woman’s mother’s phone.
He testified under direct that he went back to the apartment and saw men’s shoes inside the doorway. He said he didn’t think much of it and thought it may be the woman’s brother. Houser said he went into the bedroom to go to bed and turned the light on only to find the man and woman naked in bed.
“I really can’t describe my emotions at the time,” said Houser. He said he jumped on the man, that he “lost control.”
“I remember striking him in the face,” said Houser, who said he hit the man maybe 10 times with rapid strikes. He said it was not his intent to cause the man serious bodily injury. Houser said he stopped when he noticed the blood. He said the then handed the man a towel, told him to clean himself up, get his clothes and that he had to leave. Houser said he called the woman’s mother and told her that the man needed a ride home.
“Why didn’t you leave,” asked Knaresboro.
“I lived there,” said Houser.
Houser said that some time after he incident the man text messaged him while he was out of town. He said the message said the text said that he (the victim) was in the bed that he beat him up in with the woman. Houser said he then received a phone call from the man from the woman’s number a short time later.
Under cross-examination, Houser testified that the woman’s mother and step-father verified her whereabouts on June 6, 2008 at his direction. Houser testified that he was out with friends on June 7, 2008 until about 3 a.m. or so. He said he was at a Clearfield bar after hours before he went back to the apartment. Houser was questioned about the text message he sent to the victim on June 7, 2008. He said he had no plan to physically scare him.
Houser also testified that he did not see the man’s clothes on the living room floor.
“I was surprised that she brought a guy home,” said Houser. “We were back together at that point. I was living there.”
Nedza also asked Houser if the text messages he was receiving could have came from the woman. Houser said that he was not 100 percent sure who sent them.
In closing Knaresboro said the question was whether Houser attempted to cause serious bodily injury and whether serious bodily injury had occurred. He pointed out that the victim did not suffer serious bodily injury and that the man’s answers regarding the text messages he sent to Houser were selective. He said the man was very selective in what he wanted the jury to believe that he knew.
Nedza closed by saying that the woman in the case was playing both men. She said that what they had here was a love triangle, and that Houser attempted to take out a part of the triangle.
After deliberating the jury found Houser guilty of two counts of simple assault. He was sentenced by presiding Judge David Grine shortly thereafter to time served, two years of probation, he is to refrain from the use or possession of alcoholic beverages and is prohibited from entering places that serve alcohol, he is to complete anger management counseling, have no contact with the victim, pay restitution and complete 100 hours of community service.
In July Houser had a plea deal rejected by Clearfield County President Judge Fredric J. Ammerman. Houser offered to plead guilty to simple assault.