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On September 30, 2011 a week after Ward’s attack, Captain Michael Farish “the District’s top homicide detective” held an irresponsible press conference that violated grand jury secrecy, Victims’ Rights Laws and various standard procedures for criminal investigations. He reacted impulsively to stem media demands for information about the fatal attack which authorities had kept secret for 5 days. Farish released unverified, self-serving information provided to the Assistant U.S. Attorney Kevin Flynn by Ward’s defense attorney on September 29 which prosecutors had immediately transmitted to the police. His presentation was biased, inaccurate and included purposely false statements. He unfairly and inaccurately labeled the instigator. He described nothing about the behavior and actions of Ward, Giblin and Ruark. He did not describe the credible evidence actually in the police files incriminating Ward and his friends and exonerating Patrick.
Ward and his friends fled the scene (consciousness of guilt). According to the TV report Farish claimed “the other 3 men have now come forward and police have talked with them.” That statement was false and Farish knew it. The investigators failed to make timely contact allowing Ward’s lawyer plenty of time to talk with all 3 and coach them. The police interviews with Giblin and Ruark (see video documents F Giblin MPD and G Ruark MPD) did not take place until October 1, the day after the press conference. This is documented in the police files. Ward was not interviewed until October 14 and only after cutting a deal with the prosecutors. Giblin was the source of the false claim that Patrick “blocked the door and wouldn’t let anyone leave.” Farish’s information did not come directly from Ward, Giblin and Ruark. It came from Ward’s defense lawyer.
According to the TV report Farish stated “the first punch was thrown by either Casey or one of his friends.” Patrick was with 2 other graduate students David Lindsey and his female friend Claire Jun. Farish is leading the public to believe Patrick was in a group of 3 men. Neither Patrick nor Lindsey threw a punch. Again, the source was Ward’s lawyer. In the civil case Ward, Giblin and Ruark all testified that Patrick did not punch anyone.
The police files did contain the McDonald’s security video (see evidence documents B McD 2 videos and G Ruark 3 Snapshots). Farish did not state that the McD’s security video captured aggressive, bullying behavior by Ward, Giblin and Ruark while waiting in line. The security video captured vital footage of Giblin’s aggressive reaction to Lindsey and Ruark’s unsuccessful effort to restrain Giblin. Farish were either completely unaware of the valuable content of the security video or he chose to ignore it.
The police files also contained the interviews with Max Podlone and Jeri-Lynn Metcalf (see evidence documents H Max MPD and J Metcalf MPD). Max Podlone, an independent witness, observed the altercation commence inside and followed it outside to see Ward attack Patrick from behind. He described Giblin “as the most belligerent” and Ward as “the aggressor.” Metcalf was very familiar with Ward and described critical background information that Ward was “always drunk” and could be “triggered.”
Authorities defamed Patrick and put the stories of Ward, Giblin and Ruark out to the public immediately prior to the secret grand jury proceedings that authorities claim to hold so sacred. The investigation never recovered. The police and the prosecutors knew the press conference was wrong and never should have happened but everyone turned a blind eye. AUSA Flynn and Captain Farish should have been removed from the investigation for such as serious violation of criminal investigation laws and procedures instead of remaining in charge.
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This is a snapshot showing the involved parties. Also pictured are Max Podlone and Sam Chavez. Podlone, a third year law student and independent witness, observed the altercation at the front door and followed it outside witnessing Ward’s attack. Sam Chavez, a McD’s counter employee, observed Ward and Giblin behaving aggressively while waiting in line. He watched the altercation at the front door. Chavez was identified as an eyewitness at the scene. The prosecutors assured us he was interviewed in 2011. In February 2013, once we discovered he was not interviewed, we appealed to the prosecutors to interview him. They took no action. Eventually he was interviewed after we appealed to the police in July 2013. Incredibly none of the McD’s employees were formally interviewed in 2011. There are over a dozen potential witnesses shown on the security video that were never sought or identified in the prematurely closed investigation. These are examples of a dishonest investigation that prosecutors claimed was “exhaustive.”
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We met with the prosecutors and the police on November 8, 2011. The prosecutors promised to play the McD’s security video. After a very one-sided presentation by the prosecutors critical of Patrick, they discouraged us from seeing the video. They asked Mrs. Casey “do you really want to see the last few moments of her son’s life?” This was not compassionate. This was deceitful intended to conceal the video. Upon our insistence the prosecutors showed us only a 2 minute snippet from the very end of the 25 minute video. They claimed it was all they had. The prosecutors deliberately shielded the early aggressive, bullying and incriminating behavior of Ward, Giblin and Ruark. Even the snippet shown did not support what the prosecutors claimed happened. Despite resistance, we made a second trip 2 months later to see the full video. The complete video showed Patrick was not the aggressor at all. Rather, it was Ward, Giblin and Ruark who were looking for trouble, acting aggressively from the way they came into McD’s to the way they harassed other customers to the thuggish behavior among themselves while waiting in line. Witnesses, even Ruark especially through his actions, confirmed their “obnoxious,” “arrogant” and “bullying” behavior. (G Ruark Snapshot 1-3)
Ward, Giblin and Ruark all were intoxicated that night. Ward was driving as usual. They all lied to investigators about when they started drinking, where they drank and how much. They went to at least 8 bars prior to arriving at McD’s. Receipts document they started drinking in Virginia ordering 22 beers at their first stop. Over the remainder of the night they ordered a combination of beers, mixed drinks and shots. The extent of their drinking was not discovered in the criminal investigation.
The belligerent behavior was routine. Ward testified of barhopping trips into D.C. 2 or 3 times a month, but they usually drank in Virginia closer to home. He described multiple violent altercations while in D.C. barhopping with various friends. Jeri-Lynn Metcalf, a D.C. night club manager, stated that Ward, Giblin and Ruark were regulars in her club, “always drunk” and that Ward “could be triggered.”
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here is consensus that Ward’s group started the verbal confrontation – trash talking. Ruark testified he could tell by the look on the faces of Ward and Giblin that someone was approaching their table. Ruark stood up and said “Whoa Zangief” a joking reference to a video game character. Patrick “laughed.” But trash talk continued. Lindsey was leaving McD’s. After passing Ward’s table he joked to Ward’s group “have fun going home alone guys…What are you gay?” Lindsey testified Ward and Giblin “were pissed.” Giblin “in particular was really mad at me. You could tell – as soon as I saw his reaction, I regretted saying what I said.” Lindsey walked to the door to avoid a confrontation with Giblin. As captured on the video Giblin reacted immediately to Lindsey’s crack. He stood up, left the table, brushed past Patrick and pursued Lindsey. Giblin was initiating a confrontation not avoiding one. According to Lindsey “he put his hands on me and he had this look on his face like he was in his element, like he was like getting off on it almost.” Lindsey was scared. Giblin prevented Lindsey from leaving. Lindsey testified Giblin was “grabbing…he wasn’t letting go. He had his hold on me.” Giblin took it “to the next level.” According to Max Podlone and other witnesses Patrick intervened to protect Lindsey from Giblin.
Ruark tried to avoid involvement. He sat back down. Ward commanded him to follow get involved. Ruark described Giblin’s reaction to Lindsey’s remark as “a point of no return.” Giblin’s reaction was not due to sudden overwhelming fear. His reaction was immediate and hostile.
Podlone heard the yelling. He saw Ward and Giblin confronting Patrick. Patrick’s back was to the door. Giblin was “the most belligerent.” Ruark said Giblin took it too far so he attempted to defuse the situation. He “jumped in front of Giblin before he got out of the door and attempted to keep him inside the restaurant by physically restraining him, but was ultimately unsuccessful.” Ruark testified “it reached a point where I did not feel I could restrain him (Giblin) without, I don’t know, throwing him on the ground or something absurd.” Ruark was restraining the initial aggressor. (G Ruark Snapshot 2-3)
When Giblin pulled away from Ruark, Ruark testified “there was a rush towards the door.” While Giblin was being held back Lindsey was able to get outside. Patrick remained inside to protect Lindsey from Giblin and Ward. Giblin and Ward “pushed Patrick through the door of the restaurant. Patrick Casey was pushed out the door back first.” Podlone observed it did not appear that Patrick wanted to go outside. When Patrick was pushed out the door Podlone testified he “stood up to make an attempt to break up the impending attack.” He went to the door and followed them outside. He observed Patrick and Giblin “grappling and yelling.” They “pushed apart and separated.” Giblin “stumbled over the sidewalk” as he backed up.” Ward then “sucker punched Patrick Casey while Patrick was looking at Giblin.” Ward, Giblin and Ruark sprinted from the scene to Ward’s car. Ruark testified Ward drove past McD’s and the police were at the scene. They did not even consider stopping. They didn’t want to get in trouble. (Consciousness of guilt)
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This snapshot is from a second security camera inside McD’s. We found this video it was not discovered during the 2011 criminal investigation; another critical omission. Unfortunately due to McD’s poor security procedures, the camera only worked sporadically. It did not capture any footage of the altercation at the front door. Still the video has value. The snapshot shows that witnesses inside would have a clear view of activity outside right in front of the doors. Ward’s alleged instantaneous punch right in front of the doors would have been readily seen. Witness testimony, physical evidence and crime scene photos show the altercation took place to the left of the front doors – blocking the altercation from inside view. Patrick is shown sitting at the table with Lindsey and Claire Jun (not shown) minding his own business. The snapshot shows the table to the right of the front door where Ward, Giblin and Ruark later sat. There was a single empty table between Patrick and Ward’s table. Ward and Giblin had a direct view to target Patrick’s table and inflict themselves on other patrons as they did while waiting in line as captured on video and confirmed by witness testimony. It’s not credible that Patrick would leave his companions and turn his attention to their table for no reason.
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This is important timing. Murphy, an independent witness observed a yellow shirt, presumably Giblin, move across the front door when he was 5 to 7 yards away from the front door . Everyone had gone outside and he was approaching to get a better look. Evidently, Murphy saw Giblin falling straight back to the right across the door after he and Patrick pushed and separated. Ward is about to stalk and punch Patrick. This identifies when the punch happened, that the punch occurred to the left of the door not in front and the punch was not instantaneous with Giblin and Patrick exiting – or Murphy would have observed the physical altercation. Murphy’s observation contradicts Ward’s account. Also, it confirms that Ruark was not at the table when the punch was thrown. After arriving at the door, Murphy testified he saw Patrick on the ground to the left and the 3 men together to the right.
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(Michael Bloomberg is not relevant to this analysis, he just happened to be in the picture.)
Jay Ward is a leadership employee of the Saudi Arabian Oil Company. His wife is also employed by the Saudi Arabian Oil Company. Numerous investigation missteps and omissions reasonably raise concerns about the potential for undue influence to have been applied during the investigation to protect Ward.
The investigation was slow to get started, the incident was kept secret from the media and the public for 5 days until Patrick died. Ward testified police initially contacted him by telephone. He said he was hiring a lawyer. Police just told him to “Come in whenever you can.” Patrick was in a coma and the police attitude was indifferent. The investigators announced immediately that the security video would not be released. The video clearly captured Ward’s aggressive, bullying behavior. Ward’s identity and actions were shielded. The video was never used to identify witnesses. The U.S. Attorney’s Office never proactively contacted us as required by the Victims’ Rights Laws. Ward refused to be interviewed by the police. Twice he did not honor subpoenas to testify to the grand jury. The prosecutors rewarded this evasion by offering him a non-prosecution agreement for him and his lawyer to provide his story “off-the-record.” The prosecutors closed the investigation without allowing the police to obtain and carefully review all the evidence. There was an indefensible double standard for justice. Ward received preferential treatment.
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Ward’s claim he had no recollection of Ruark’s attempt to restrain Giblin is not credible. Ruark testified in the civil lawsuit (he was not videotaped) that – as captured on the security video - he tried unsuccessfully to restrain Giblin. (Ruark Snapshot 2-3) Ruark did not tell the police he tried to restrain Giblin when he was interviewed a week after the incident. He claimed he forgot at the time. He only remembered it when he was shown the security video in the civil case in September 2014. Simply showing the security video discovered the truth. Witnesses in the criminal case were not interviewed in conjunction with the security video. Investigators never discovered that Ruark tried to restrain Giblin – a pivotal point in the confrontation clearly captured on the footage. This is another example of a fraudulent investigation that allowed Ward, Giblin and Ruark to lie by statement and by omission.
Ward’s bizarre video testimony speaks for itself including his re-enactment. There are no credible witness accounts or any evidence that supports him. Even Giblin contradicts Ward’s account. Giblin testified he was not picked up by the chest and spun around 270 degrees. He was never afraid he was going to be thrown through a plate glass window. (Giblin Depo 3-3) He was grappling with Patrick as they exited. Outside he was pushed straight back and fell 6 feet from Patrick. Giblin said he was pushed to the right while Ward claimed Giblin was spun and flung to the left towards a plate glass window.
In addition to Giblin’s testimony, there is significant evidence to rebut Ward’s account. Max Podlone, an independent witness and 3rd year law student, described Giblin and Ward menacing Patrick at the front door – 2 against 1. He observed Ward attacking Patrick from behind after Giblin and Patrick pushed and separated. Ward claimed he punched Patrick on the jaw on the left side of his face. There’s no medical evidence that Patrick was punched in the face. His injuries were to the back of his head. Giblin had no documented injuries; surely he would have been injured if he were picked up by the chest (Is this even possible?), spun and flung through the air onto a concrete sidewalk. Likely there would be some evidence at the scene of any injury he sustained (blood on the sidewalk). His clothing would be damaged. His testimony would surely support that Ward acted to save him. Ward claimed the incident happened instantaneously right in front of the door under the awning. If this was true witnesses inside would have seen the full incident. Patrick was punched a few feet to the left away from the door in the middle of the sidewalk with no line of sight from inside. This location is confirmed by witnesses and the crime scene photos. We prepared an analysis including a diagram (the only diagram ever prepared) of the altercation outside demonstrating the multiple lies and inaccuracies in Ward’s account – conclusive proof Ward’s story is a fabrication. The analysis provides a complete and credible context of the altercation by identifying the consistencies between involved parties, independent witnesses, the security video and crime scene photos.
See C Snapshot - Murphy Going to the Front Door. The punch is occurring as Connor Murphy, an independent witness, approached the door. He did not see any part of the altercation outside. He looked at the scene to his left (consistent with the crime scene photos) when he reached the front door. This snapshot helps to establish when the punch was thrown and where the altercation took place.
Ruark’s claim that he was inside when the punch was thrown is contradicted by the security video and witness testimony. Ruark and Ward both claimed Ruark was at the table eating a snack wrap when Ward came back to the table and told him “We got to go.” See the snapshot Ruark was not at the table when Ward dashed in for his keys and cell. The video confirms Ruark had left the table prior to Ward’s return. Both Ward and Ruark are caught in a lie. Ruark is lying, he observed the altercation outside. (Ruark Snapshot 3-3)
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The arrests illustrate Ward’s propensity for public intoxication and drunken violent brawls. Without remorse, he continued his criminal behavior. Ward’s MO is to claim he was verbally threatened, in physical danger and he has to react by punching. The court records of the Rocket Bar assault (2 assaults in fact a co-worker and a security guard) state: “[Ward] stated that he was involved in an altercation with one of his co-workers when he was asked to leave that establishment by security guards for the establishment. [Ward] stated he was pushed from behind and “I just turned around and punched him in the face.” Ward could have killed the security guard.
His testimony about the Rocket Bar is strikingly similar to his McD’s testimony. He claimed both the security guard and Patrick said they would “whoop,” “beat our ass.” In the civil lawsuit Ward was asked if the initial confrontation was with a co-worker and he testified he was involved with another patron. He tried to blame the security guard for provoking the incident by pushing him. In August 2015, we spoke with the security guard during our investigation. He said Ward took a second swing at him outside but missed. He said Ward’s co-workers told him that Ward “does that to us all the time.” This drunken attack demonstrates Ward’s lack of remorse, lack of impulse control and propensity for violence.
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Ward is uncertain when the fight happened. He’s either confused because he is involved in so many confrontations or he’s lying because he believes the fights are less damaging to him if they occurred after the McD’s attack. Ruark’s account is a stark contrast to Ward’s bizarre testimony. Ruark testified that this confrontation was before McD’s and he was not involved. He only watched. There was swearing and pushing - typical drunken behavior. Someone yelled “he’s got a knife” and that caused Ward’s group (including Matt Leybold and Mitch Rieg) to run away. Ward testified that Ruark fended off the Marines by shouting “You think I’ve never had a knife pulled on me before” and swinging a large construction sign he had grabbed at them.
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Ward is again uncertain, or lying, about when the fight occurred. He thinks it was 2012 or 2013. He’s off by a year or more. This fight occurred in February 2011 (we have the police reports) just 7 months before McD’s. Ward was with Giblin and Leybold (he was involved in the confrontation with the Marines). This was another drunken violent brawl which occurred just months before Ward’s attack at McD’s and Giblin was involved. Giblin was well aware of the potential for confrontations and even violence when barhopping with Ward and his friends.
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Ward boasted on the BODYBUILDING.com website that he trained in mixed martial arts focusing on Krav Maga. The facility where Ward trained, One Spirit Martial Arts in Virginia, promoted Krav Maga as “A modern, highly refined, street fighting system.” Ward was a member for 2 years and trained regularly.
Ward’s extensive street fighting training was discovered during an internet search in our investigation in August 2012. This critical background was not discovered during the criminal investigation in 2011. This omission reflects badly on the claims the prosecutors carefully assessed Ward’s credibility. This training is an indicator of Ward’s propensity for senseless violence.
Under oath Ward absurdly described his street fighting training as “a much lighter, airy class” with small children and you “can’t really hit children too hard.” Street fighting light training would be funny if this were not so serious. Ward’s dishonest attempt to downplay his mixed martial arts training was completely at odds with his self-image and his pronouncement on BODYBUILDING.com that he was training in MMA. Ward’s dishonest testimony is an indicator of his propensity for lying. He did admit he was trained to strike vulnerable targets like the throat, eyes, groin and the neck; and then get away as quick as possible.
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It is not true that Giblin left his friends behind without saying a word and he did not see them again until after he ran away. The video and every witness including Ward and Ruark confirm Ward and Ruark were at the door with him. Ruark even tried to restrain him. (G Ruark Snapshot 2-3) Giblin was initiating a confrontation, not trying to avoid one.
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It is not true that Patrick pushed Giblin back into the restaurant into the trash can. Giblin throws the trash can aside when he pulls away from Ruark’s restraint. He did not tell the police that he was pushed back inside. Patrick is not shown on the video pushing him. The video shows Ruark restraining him; just as Ruark testified. (G Ruark Snapshot 2-3) He cannot acknowledge his aggression and culpability in the attack on Patrick because he could be charged. It is implausible that Ruark never spoke to Ward and Giblin about his unsuccessful attempt to restrain Giblin. It was best for all of them to bury it.
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Giblin contradicts Ward conclusively proving Ward’s account is a fabrication. He stated he was pushed straight back to the right. He was not lifted and spun. He was not afraid of being thrown through a plate glass window. This account is consistent with Podlone.
After Ward’s account as part of the non-prosecution agreement, inconceivably, the prosecutors never asked Giblin if that was what happened. Prosecutors made no attempt to verify or rebut Ward’s account.
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It is not credible that Giblin doesn’t know how things started. It is not true that Patrick approached their table for no reason and was calling them names. Independent witnesses as well as Ward and Ruark describe trash talking between the tables and identify Giblin as an instigator. Independent witnesses describe Ward and Giblin as “cocky and obnoxious,” “bullying” and “looking for a fight.” Ruark described joking with Patrick after he came to their table. He tried to deescalate the situation created by Giblin and Ward. The video shows Ruark and Patrick talking and Patrick moves away from the table. (McD video 2-2) Giblin reacts immediately and aggressively to a remark by Lindsey. Giblin is pursuing Lindsey to beat him up. Giblin told police he didn’t know where his friends were. He didn’t see them until they called to him outside as he was running away. This is not credible. The video and every witness, including Ward and Ruark, contradicts Giblin’s account that he was leaving alone and was at the front door alone.
Note: In this police interview video Giblin has no visible injury. He does not provide the police with evidence of any injury, damaged clothing or other evidence to support that he was involved in a serious physical altercation.
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Giblin’s claims that he, Ward and Ruark did not share stories and that he did not ask Ward why he hit Patrick are not credible. He assumed it was because he was pushed to the ground, but he really has “no idea” why Ward hit Patrick. He would be aware of Ward’s intervention in his defense if he was lifted by his chest, spun around off the ground and suddenly released just before being flung into a plate glass window. His description that Ward punched Patrick because he was pushed on the ground is not a basis for defense of another – the punch occurred after Giblin and Patrick pushed and separated. The police interview occurred 8 days after the incident. Giblin spoke with his friends and Ward’s lawyer before he was interviewed by the police. Even so Giblin did not support Ward’s defense of another story.
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Giblin is evasive. He stated it never crossed his mind that he should contact the police even after Ward’s lawyer told him of Patrick’s condition. Immediately after the incident Giblin spoke with his father. His father advised him that his involvement in the incident was so inconsequential there was no need to contact the police. Giblin “just got pushed on the ground.” Giblin’s description to his father did not support Ward’s defense of another claim.
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Ruark’s account is a mixture of selected facts combined, purposeful lies and omissions - to protect his friends by misleading the police. He spoke with Ward’s lawyer prior to his police interview. His story was crafted. He told the police he observed Giblin and Ward engaged in a verbal exchange with Lindsey and Patrick. This was confirmed by independent witnesses. Ruark’s claim he doesn’t know how it started or what was said is not credible. He stood up when Patrick came over and they spoke. He stated Lindsey passed the table and made a remark that caused (sic) Ward to stand up. Ruark is mistaken. The video shows Giblin stand up in response to Lindsey and pursue him to the door. In the civil suit Ruark described this as “a point of no return.” This isn’t a description of overwhelming fear on Giblin’s part but rather his aggressive response. Ruark sat back down to avoid involvement but Ward commanded him to get up and go with him. Ruark told the police he tried to stay between the groups. He claimed Patrick blocked them from leaving and threatened them. If Patrick’s aim was to fight the 3 men he would not block them from leaving. Patrick was defending Lindsey from Giblin. Ruark’s police interview is in stark contrast to his testimony in the civil case. Several independent witnesses confirmed Patrick intervened to protect Lindsey. Ruark did not tell the police he tried unsuccessfully to restrain or hold Giblin back. In fact, Ruark’s unsuccessful effort to restrain Giblin is proof of Giblin and Ward as aggressors and exonerates Patrick. (G Ruark Snapshot 3-3) Ruark and Patrick both tried to hold Giblin back. Giblin’s relentless aggression places the altercation in its true context.
Ruark did not return to the table to eat his snack wrap. He was trying to avoid involvement as Giblin and Ward escalated things. The video shows Ward returning to the table after his attack to grab his car keys and cell phone and Ruark is not at the table – he is outside. (See G Ruark Snapshot 3-3) Indicating crafted stories and getting tripped up by false details, both Ward and Ruark testified in the civil case that Ruark was eating a snack wrap when Ward returned. The video shows Ruark never returns to the table to eat. Witnesses place Ruark outside before Ward dashed back in. Also, crime scene photos show an empty snack wrap wrapper at Ruark’s place. Ruark had finished the snack wrap before the confrontation. Ruark witnessed what happened outside.
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Of course they talked about it on the way home. Ruark asked “what the heck happened.” Ward said that Patrick grabbed Giblin at some point outside and was going to throw him on the ground or something and Ward punched Patrick. Obviously, on the drive home Ward did not describe Giblin being lifted off the ground and swung around in the air 270 degrees towards the plate glass window. There’s nothing in Ruark’s account to justify defense of another. Ward crafted and changed his story to the lifted and swung around version for the “off-the-record” debriefing with the prosecutors. In his 2011 police interview Ruark concealed that he tried to hold Giblin back. In March 2015 he testified he tried to restrain Giblin but couldn’t “without, I don’t know, throwing him on the ground or something absurd.” Giblin was out of control. Giblin broke away from Ruark and charged back at Patrick. Giblin and Ward pushed Patrick out the door. In self-defense Patrick pushed Giblin away and he fell. Patrick’s action was necessary and measured.
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Ward and Giblin began slapping and wrestling while waiting in line. Eventually Ruark intervened. He “didn’t want to get in trouble or get kicked out…enough jerking around.” Max Podlone described them as “bullying” and “looking for a fight.” Ward, Giblin and Ruark imposed themselves on other customers.
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Giblin was enraged at Lindsey’s trash talking, gay remark and pursued him to the door. Ward and Ruark followed. Ruark testified he was “holding him (Giblin) back.” He was unable to restrain Giblin: “It reached a point where I did not feel that I could restrain him without, I don’t know, throwing him on the ground or something absurd.” Ruark confirmed that Giblin was out of control. Giblin broke away from Ruark and charged back at Patrick. Giblin and Ward pushed Patrick out the door. In self-defense Patrick pushed Giblin away and he fell. Patrick’s action was necessary and measured.
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Ward and Ruark both lied that Ruark was at the table eating his snack wrap when Ward returned after the punch for his personal keys and cell. Ward is alone at the table. They lied in an effort to give Ruark deniability that he did not see what happened outside. Independent witnesses and the security video place Ruark outside. Ruark saw what happened outside. Murphy, the witness approaching the door, stated that after reaching the door he saw Patrick on the ground to his left and to his right the 3 men.
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Max Podone noticed Ward and his friends right off. He told his friends we need to “keep an eye on them.” He observed Ward and Giblin confronting Patrick at the front door – 2 against 1. The altercation “spilled outside.” He ran outside to help Patrick. He observed Patrick and Giblin push and separate by a few feet. Ward snuck up and punched Patrick from behind while he was looking at Giblin. The 3 sprinted away.
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Patrick stepped in to protect his friend. Giblin was going to beat up Lindsey; Patrick: This isn’t going to happen. The other guy (Giblin) was “over the top” but it wasn’t too serious. Nobody was throwing punches. Guys were yelling and grabbing. Ward escalated it by throwing the punch.
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Patrick and Giblin spilled outside grappling and moved away from the doorway. Ward followed step by step. By the way Ward approached, it was apparent to Podone this was going to be 2 against 1. Ward was not approaching to break things up. He was preparing to throw a punch. The punch did not happen right in front of the door the altercation is moved away from the door.
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A club manager familiar with Ward described him to the police as a drinker, “very cocky and very arrogant.” He can be “triggered.” This was “not his first drunken scuffle.” She described an incident where he returned to her club after a bloody scuffle at another bar. Someone had said something to Ward and he had to react. When Ward was asked about this scuffle he said he had no recollection of this interaction with Metcalf. This background was apparently ignored by prosecutors when assessing Ward’s credibility.