By Chris O'Connell Court TV
BLACK RIVER FALLS, Wis. A small-town police chief accused of attempted murder told jurors Wednesday that although he feared for his life, he decided not to shoot a man he mistook for a violent criminal. Testifying on his own behalf, Matthew Hoskins, 35, said he was pummeled by John Ellingson after misinterpreting Ellingson's effort to scare away high school pranksters. "I made a conscious effort not to shoot that man," Hoskins said. "Unless my head was being banged off the concrete, I would not shoot." Hoskins is accused of attempted murder and two counts of reckless endangerment for pointing a loaded handgun at Ellingson and pulling the trigger after trying to subdue his daughter, Melissa.
The gun "dry-fired," or failed to shoot a bullet, according to prosecutors. But Hoskins disputed Ellingson's allegations, saying he merely leveled the gun at the man, identified himself as a police officer and threatened to shoot him if he moved. If convicted on all counts, Hoskins could face up to 95 years in prison. Hoskins told jurors he heard gunfire and screaming outside his girlfriend's house, and then grabbed her service revolver to go investigate. "My fear was that somebody was being hurt," Hoskins said. "My intent was solely to get vehicle info." Hoskins said he came across Melissa Ellingson, then a junior in high school, who was helping her father frighten pranksters attempting to toilet paper their house. But to Hoskins, the petite girl looked menacing because she was dressed in black and screaming at him, he testified. Hoskins said he pulled the handgun out of his pocket, identified himself as a police officer, and told her to stop moving. "I thought of her being not a good person, a hostile person," Hoskins told jurors. But she continued to approach, and Hoskins said he heard the sound of another person coming towards him, so he put his gun in his pocket and tried to sweep her out of the way with his arm, only to be attacked out of the blue by her father. "Before the female left my hand, I felt a hard punch to the left side of my face," he said. "I knew I was in trouble ... it was the hardest punch I ever received." After a brief scuffle, Hoskins told jurors he pushed away from Ellingson and leveled the gun at him and again identified himself as a police officer. But Ellingson, who claims he believed Hoskins was a sexual predator after his daughter, rushed him again. Hoskins said that as he fell backwards, he fired a warning shot, felt Ellingson's grip on him loosen, then fired two more shots in quick succession, after which Ellingson backed off. Hoskins then leveled the gun at Ellingson again, as the camouflaged man told Hoskins he was a cop. Hoskins said he responded, "If you are a police officer, you will know what I am saying and I am telling you, 'Do not move.'" Hoskins vehemently denied that he pulled the trigger while pointing the gun at Ellingson's chest. After police arrived on the scene, Hoskins described how Ellingson shook his hand, apologized, and told the responding officer that the whole incident was a "big misunderstanding." Ellingson then pointed to the people standing around them, and offered to introduce Hoskins, he said. "I said, 'Sir, I don't think this an appropriate time to meet the neighbors," Hoskins said. Hoskins' then-girlfriend, Nancy Thelan, also testified Wednesday. Thelan, who has since married and moved to another town, was a Jackson County Sheriff's Deputy in September 2003. Thelan listened to her 911 call to the Sheriff's Department after Hoskins told her to contact police. On the tape, she nervously tells the dispatcher that it appears a shooting has occurred. Thelan is also heard whispering to someone in the background while talking to the dispatcher. When asked what she was saying, Thelan broke down in tears and said she was telling Hoskins' 3-year-old son to "be brave." Hoskins also broke down in tears when Thelan spoke about his son. On cross-examination, both Thelan and Hoskins acknowledged that they left the scene of the incident with Hoskins carrying her firearm. Both officers confirmed that it is a policy of both of their departments to confiscate any weapon used in an incident where deadly force was used. Closing arguments are expected Thursday afternoon. Court TV Extra is streaming the trial live on the Web. |