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Former bouncer guilty of felonious assault

(Anonymous) — Mon, 09 Oct 2006 12:23:46 GMT

Former bouncer guilty of felonious assault
Jury unable to make decision on manslaughter charge
By Mark Caudill
News Journal

MANSFIELD -- The verdict satisfied no one.

A seven-woman, five-man jury convicted former Scores II bouncer Mark Enix of felonious assault on Tuesday after almost seven hours of deliberations over two days.

The jury couldn't come to a decision on an involuntary manslaughter charge.
"We're certainly not satisfied with the verdict in this case," Richland County Assistant Prosecutor Gary Bishop said.

"A young man in the prime of his life was killed unnecessarily."

Brian Howard, 30, died in January, almost a year after a February 2005 fight at Scores II, when his family took him off life support. He suffered two skull fractures and underwent multiple surgeries.

Common Pleas Judge James Henson instructed jurors to consider felonious assault if they couldn't agree on involuntary manslaughter.

"I'm a little bit surprised, quite frankly," defense attorney Bernie Davis said. "I thought it would be one way or the other, either guilty on both or not guilty on both."

Juror Kathy Mack explained the decision.

"The evidence only gave enough for felonious assault, not involuntary man- slaughter," she said.

Mack said 11 jurors were in favor of acquitting Enix of involuntary manslaughter. One juror held out.

"It took yesterday and almost all of today to get to that point," Mack said.

Enix, wearing a gray suit, showed no emotion as Henson read the verdict. The former boxer, kickboxer and Toughman champion was led away in handcuffs.

Mansfield police Detective Gordon Wendling consoled Howard's family members, who declined comment, outside the courthouse.

"I'm sorry, buddy," Wendling said to retired police Lt. Bill Howard, Brian's father.

Wendling also patted Brad Howard, Brian's brother who was with him that night, on the back.

"Bradley, you did a good job on the stand," he said. "You told it the way it was."

Enix could receive up to eight years in prison at his sentencing, tentatively scheduled for Nov. 29.

But the case might not be over.

Bishop said he would check to see if his office could retry Enix for involuntary manslaughter since there was a hung jury on that charge.

Davis, who hoped Enix would receive probation for felonious assault, said he and co-counsel James TyRee will file a motion for acquittal of involuntary manslaughter.

The jury reached its verdict an hour after posing a question for Henson, who read it to attorneys.

"How do we find him not guilty of involuntary manslaughter but guilty of felonious assault?" Henson read outside the jury's presence.

Henson said he would tell jurors they didn't have to find Enix guilty of either charge.

Bishop strongly objected, saying that instruction would be "too full of insinuation."

"That's in effect telling them what to do," Bishop said. "I think you need to stay away from it. I think you're on thin ice, judge."

The exchange became heated and Henson told Bishop to be quiet before calling attorneys to the bench.

"The only answer they're looking for is the difference between the two charges," Bishop said.

When Henson brought jurors back into court, he didn't tell them they didn't have to find Enix not guilty of anything.

"I can't have a general discussion," he said to them. "Look at the (jury) instructions I've given you."

Enix originally was charged with murder and involuntary manslaughter. Henson dismissed the murder charge Friday after a defense motion, finding there wasn't enough evidence to support the charge.

"The court throwing out the murder charge ... we can't defend that decision," Bishop said. "That sent the wrong message to the jury about the court's views on this case."

Reached by phone, Henson denied taking sides.

"I have to call it the way I see it," he said. "The man was overcharged. The facts didn't support a murder charge."

Enix guilty of felonious assault, jury deadlocked on manslau

(Anonymous) — Mon, 09 Oct 2006 12:21:21 GMT

UPDATE: ENIX GUILTY OF FELONIOUS ASSAULT, JURY DEADLOCKED ON MANSLAUGHTER CHARGE
By Mark Caudill
News Journal

MANSFIELD — Former bouncer Mark Enix was found guilty of felonious assault today by a Richland County Common Pleas Court jury.

The seven-woman, five-man jury, which returned its verdict at 3:45 p.m., said it was hung on a charge of involuntary manslaughter.

Enix, 36, of 1107 Marianna Drive was accused of causing injuries to Brian Howard, 30, during a February 2005 fight at Scores II that later resulted in his death.
Howard suffered two skull fractures and underwent multiple surgeries before his family removed him from life support in January.

Enix faces a maximum of eight years in prison. Judge James Henson said sentencing would be "on or before Nov. 29."

Jury begin manslaughter deliberations in trial of former...

(Anonymous) — Mon, 09 Oct 2006 12:19:40 GMT

Jurors begin manslaughter deliberations in trial of former bouncer
By Mark Caudill
News Journal

MANSFIELD -- Attorneys from both sides urged jurors in the Mark Enix trial not to consider a lesser-included offense during their closing arguments Monday.

The seven-woman, five-man jury deliberated for an hour before adjourning. Deliberations will resume this morning.

Enix is charged with involuntary manslaughter for a February 2005 fight at Scores II, where he was working as a bouncer. Brian Howard, 30, died in January after his family removed him from life support. He sustained two skull fractures and underwent multiple surgeries.
Involuntary manslaughter is a first-degree felony, punishable by up to 10 years in prison. Richland County Common Pleas Judge James Henson instructed jurors they could consider felonious assault, a second-degree felony with a maximum penalty of eight years in prison.

Henson dismissed a murder charge Friday.

"Don't cop out," Assistant Prosecutor Gary Bishop told the jury. "Take what is left of the case. Give Brian Howard and his family justice."

Defense attorney James TyRee also told the jury not to settle for felonious assault.

"Do not compromise one for the other," he said.

In his closing argument, Bishop questioned why Scores II bouncers followed Howard to the parking lot after he left the club.

"There was no reason for them to even go outside," he said.

Prosecutors allege Enix used his forearm to hit Howard, causing him to fall and hit his head on a truck's bumper and the pavement.

"Mark Enix, without hesitation, hit him as hard as he could -- a trained and conditioned Toughman, boxer and kickboxer," Bishop said.

Enix, who did not testify, said in previous statements he was trying to break up a fight between Howard and former Scores II co-owner Scott Gifford.

"He wants you to believe that the ex-Marine (Gifford) was in imminent danger," Bishop said. "(In actuality) he hadn't had a chance to show off his Toughman skills yet."

In his closing argument, TyRee questioned the testimony of Brad Howard, Brian's brother, who was also at Scores II and reportedly fought with another bouncer, Kurtis Wagers.

Brad Howard initially told police that Gifford, not Enix, hit his brother. He said there was no possibility he was wrong. Enix wore clothing that identified him as a security guard; Gifford did not.

"How could Brad mistake Scott for Mark?" TyRee asked the jurors. "We believe Brad's testimony is simply not credible."

TyRee also reminded the jury of the testimony of Dr. Stanley Seligman, a pathologist with the Cuyahoga County coroner's office, who performed the autopsy.

Seligman initially said Howard's injuries were more consistent with a fall than being hit with a forearm. He later backtracked, saying a blow from an expert could also have produced the fracture.

"It's impossible to say which is really more likely," TyRee quoted Seligman as saying.

While the defense did not call Enix to the stand Monday, it did call his girlfriend, Michelle Lemon, Gifford and fellow bouncer Chris Hale. The state called Mansfield police Detective Gordon Wendling as a rebuttal witness.

Dead man's brother tells of scuffle that led to murder trial

(Anonymous) — Mon, 09 Oct 2006 12:17:04 GMT

Dead man's brother tells of scuffle that led to murder trial
By Mark Caudill
News Journal

MANSFIELD -- Brad Howard testified Thursday he feared Mark Enix would
hurt his younger brother.

Howard was the key witness on the third day of the murder trial. He
detailed the events leading up to Brian Howard's injuries after a
February 2005 concert at Scores II, where Enix worked as a bouncer.

Enix is charged with murder and involuntary manslaughter. Brian Howard
suffered two skull fractures and underwent multiple surgeries after
striking his head against a vehicle and pavement. His family took him
off life support in January.
Under cross examination, defense attorney James TyRee questioned if
Howard even knew who struck his brother.

The problem started when a concert by '80s hair-metal band Warrant
ended because the lead singer was sick.

Howard said Scores II co-owner Steve Gifford handed him the
microphone, which he then used to chant the band's name in hopes of an
encore. Howard said fellow co-owner Scott Gifford became upset and
wanted the microphone back.

"My brother came over to see what was going on," Howard said. "The
next thing I know, the bouncers start coming over.

"That is when I noticed that Enix came up and was just glaring at my
brother. It was a startling, direct glare like, 'What are you doing?'
"

Enix is a retired boxer and kickboxer and a former Toughman champion.

"Enix was in a fighting stance," Howard said. "I'm looking at Mark
Enix, knowing he's got skills. I'm afraid that he's going to go off,
that he's going to hurt my brother right there."

Howard said he wrapped Enix in a bear hug and tackled him.

"I begged Mark to leave my brother alone," he said.

Howard said no one told the brothers to leave the club.

"It was all about the microphone," he said.

Once the brothers were outside Scores II, Howard said the situation escalated.

"He walked swiftly up to him (Brian) as if he was going to attack
him," said Howard, adding he didn't initially realize it was Enix. "I
saw a shaved-headed person."

Howard said the assailant hit his brother on the upper right side of
his head with what he thought was a left-handed punch. Brian went down
and never got back up.

"I just freaked out. I just ran over to him," Howard said. "It startled me."

Howard said he asked the bouncers to leave the brothers alone.

"Another bouncer said, 'You want some? You want some?' " Howard said.
"The next thing I know, he hit me in the left eye. I had a fat lip and
a knot on my head."

Kurtis Wagers, another bouncer, is charged with felonious assault in
connection with that incident.

Howard said he stayed in his car when police and emergency personnel
arrived, fearing he would be charged with public intoxication. He said
he didn't realize his brother was seriously injured.

When his mother called and told him otherwise, Howard said he came
forward to talk to police.

What Howard told police was a point of contention. The defense
maintains Enix was trying to break up a fight between Brian Howard and
Scott Gifford.

"That description, I don't know where that came from," Howard said.
"Brian did not throw a punch. He was not aggressive; he was attacked."

TyRee read part of Howard's statement to police, in which he said
Scott Gifford hit his brother, adding there was no possibility he was
wrong.

"I was still under the influence of medication," Howard offered for an
explanation.

Police told Howard that Enix admitted striking his brother.

"The only little point that you're having trouble with is who hit you
and Brian," TyRee said.

"No, I'm not saying that," Howard replied.

The trial will resume this afternoon in Common Pleas Judge James
Henson's courtroom. The defense likely will start presenting its case.

Bouncer's case in hands of jury

(Anonymous) — Mon, 09 Oct 2006 12:14:26 GMT

BOUNCER'S CASE IN HANDS OF JURY
By Mark Caudill
News Journal

MANSFIELD — The defense rested its case this morning in the Mark Enix trial without calling the defendant, and now it's up to the jury.

Enix, 36, of 1107 Marianna Drive is charged with involuntary manslaughter for a February 2005 fight at Scores II, where he was working as a bouncer. Brian Howard suffered severe skull and brain injuries and died in January when his family removed him from life support.

This morning the defense called Scott Gifford, former co-owner of Scores II; Michelle Lemon, Enix's girlfriend; and Chris Hale, another bouncer. The prosecution called Mansfield police Detective Gordon Wendling as a rebuttal witness.

Attorneys gave their closing arguments this afternoon and the case went to the jury around 3:30 p.m.

Jury chosen for murder trial

(Anonymous) — Mon, 09 Oct 2006 12:11:55 GMT

Jury chosen for murder trial
By Mark Caudill
News Journal

MANSFIELD -- Attorneys will make their opening statements in the Mark
Enix murder trial this morning after a grueling jury selection
process.

It took nearly five hours Monday for attorneys to settle on a jury,
which then briefly visited Scores II before court adjourned for the
day.

Enix, 36, of 1107 Marianna Drive, was a bouncer at Scores II in
February 2005 when a fight broke out between security personnel and
the Howard brothers, Brian and Bradley.
Brian Howard, 30, died in January when his family decided to take him
off life support. The 11-year Army veteran suffered two skull
fractures and underwent several surgeries after striking his head
against a vehicle and pavement.

The Howards were at the nightclub for a concert and reportedly got
upset when it ended early.

Enix is charged with murder and involuntary manslaughter. If convicted
of murder, he could be sentenced to 15 years to life in prison. He
could receive a 10-year sentence if convicted of involuntary
manslaughter. Enix could be convicted of both charges but sentenced on
only one.

Enix was a professional boxer and Toughman champion with an extensive
martial arts background. In 2000, he won the Fight Factory Karate
Association light heavyweight boxing title.

The last time Enix appeared in a News Journal story before this case,
he was 6-0 as a boxer with five knockouts.

Jurors, arriving in a sheriff's department van, visited Scores II on
Monday afternoon as traffic zipped past on Park Avenue West. The sign
over the main entrance had been removed, and weeds had sprouted near
the sidewalk in front of the defunct nightclub.

Enix, wearing a green shirt and gray tie, accompanied defense attorney
James TyRee. Mansfield police Detective Gordon Wendling drove Richland
County Assistant Prosecutors John Baker and Gary Bishop.

Jurors spent less than 15 minutes at the club, but Common Pleas Judge
James Henson already had decided to adjourn for the day because of the
late hour and time needed for lengthy opening statements.

Favorite Stories

(Anonymous) — Sun, 29 Jan 2006 05:56:25 GMT

It's a concussion, Charlie Brown
It's 2003 and Brian, John Gulliams, and I are driving back to Fort Knox from our weekend pass. Brian and John are trying to get at each other and this escalades out of control from simple name calling and pushing, to John messing with Brian's dinner, which is never advisable. From the tactical perspective, John had made one major miscalculation... disregarding the circus peanuts. Brian had a package of your run-of-the-mill circus peanuts and during the later half of their conflict had been compressing the entire contents of the bag down in one corner of the bag, producing an extremely dense ball of sugar about the size of a golf ball. Once John messed with the food, the gloves were off and out came this pseudo-circus peanut mace right on top of John's head. John's head resonanted in the most pecullar way, causing everyone in the car to stop what they were doing. Luckily this strike brought a close to the battle... however we spent the next week tracking the onset and retreat of the huge bump that developed on John's head.
[img]http://images.google.com/images?q=tbn:hfQ9YNs_KU9J5M:www.sweetlifeny.com/ProductImages/candy/images/catsl6.jpg[/img]

Presentation for donation

vspinelli@gmail.com (Virgil) — Thu, 05 Jan 2006 16:56:57 GMT

Thought I should post this here

Recently Captain Smith and I presented a thank you plaque to my VFW post 1055.
We presented this on behalf or the 372nd Maintenance Company and the Howard family.
This presentation happened in front of 50 plus people.
In attendance were the post officers and there was a picture taken for the local newspaper.
Capitan Smith wore his dress blue uniform and I was in my Class A.
Upon receipt of the commendation the officers asked us to say a few words.
Both Capt. Smith and I express heartfelt thanks for the donation.
We told a quick recap of our respect and admiration of Brian and his family.
Also mentioned is the common bond and friendship that we all shared both personal and professional.
That night I felt the presentation accomplished a few things.
My post made a donation to a fellow soldier who was only related by service. Often people claim support and allegiance towards service members but organizations like the VFW and American legion make physical differences. All too often it is assumed that people are taken care of by some unknown means.
By presenting in person this reinforced people’s spirits, and truly was appreciated.
All too often good deeds go unnoticed.

That evening it was very apparent that our presence and dress brought a lot of good.
Many compliments were given to us and people expressed their prayers for Brian and his family.
It is funny that simply dressing up can bring out such emotions from people, but I can attest that it did.
Some of the compliments were.
Now that shows class
Your look great.
Glad to hear that we helped and our prayers are with the family.
We spoke with a lot of people and they all were very appreciative.

When and if I can get a copy of the pictures taken I will upload them.
If the picture gets printed in the local newspaper I will pass that along too.

Wishing all well
Virgil Spinelli

Re: Brian is holding his own

figuraanimae@hotmail.com (renee) — Fri, 30 Sep 2005 15:40:39 GMT

You rock Spinelli

Brian is getting in tune with emotions

figuraanimae@hotmail.com (renee) — Fri, 30 Sep 2005 13:31:51 GMT

The greatest thing happened yesterday.......I was heading out the door and had asked Brian to say goodbye to me....(he waves usually). Instead of waving He showed great discontent toward me. He wrinkled up his brow and went from a very smiling Brian to a very angry Brian. and gave me a thumbs down.

So I asked if he was trying to tell me he didn't want me to leave? He said yes. Of course I stayed.....How can anyoine deny a request like that.

What it shows, is that he is getting better at understanding his own feelings and thoughts and is able to express himself more and more.

It may seem like a small feat, however, it is in fact pretty big. Seeing things like this show his ability to personally evolve....okay okay....it shows he is totally aware of what's going on around him.

It may take years but as long as I see him trying, I know in my heart he can become who ever he wants to become