On September 22, 2011, Jason Ward, Brian Giblin, and Justin Ruark were out for a routine night of bar hopping that lasted several hours. In the early morning hours of September 23, Ward attacked Patrick Casey from behind at a McDonald’s restaurant in Washington, D.C. The resulting injuries led to Patrick’s death four days later.

Ward claimed that he acted in defense of Giblin, who was fleeing after Patrick’s friend David Lindsey instigated trash talking. Prosecutors took Ward and Giblin’s testimonies at face value, even though they were clearly self-serving and contrary to other evidence. Video evidence and witness testimonies point to Giblin and Ward as the aggressors, not Patrick, yet prosecutors ultimately told police that Ward’s actions were “justifiable,” placing blame on Patrick for the altercation.

Over the course of the civil lawsuit, Ward refused to cooperate with investigators and both he and Giblin gave falsified accounts of the event. The majority of Ward’s damning background of previous arrests, intoxicated driving, and pattern of impulsivity and involvement in drunken brawls was not discovered in the criminal investigation. In spite of these facts, prosecutors accepted Ward’s account and offered him a non-prosecution agreement on October 14, 2011.

While the police issued an arrest warrant for Ward for Murder II, the prosecutors declined to execute the arrest warrant. Instead, they closed the case and prevented the police from obtaining and carefully examining all the evidence. They did not “leave no stone unturned” as they claimed.

We believe that Ward received preferential treatment throughout the entire investigation, which was at odds with the best interests of public safety and the police’s investigative responsibilities. The prosecutors’ handling of this case lacked transparency and accountability at every level. By claiming that Ward’s actions were justifiable, the prosecutors allowed the police to close the case and classify it as solved for their statistical reporting.

Our own investigation, including FOIA requests, unearthed more evidence that disproved Giblin and Ward’s initial assertions of self defense. Max Podlone, an independent witness and third year law student at the time, witnessed the entire physical altercation. He saw Patrick intervening to protect Lindsey from Giblin, whom he described as the “most belligerent.” He said that while Patrick and Giblin were yelling and grabbing each other as they exited the restaurant, they quickly separated and did not look like they were going to fight. Patrick was several feet away from Giblin and had his back to Ward. Podlone’s statements show that Ward’s attack was thus purposefully malicious, not in defense of Giblin. As a result of our continuing investigations, the prosecutors retracted their “justifiable” conclusion in December 2016. The investigation was then reopened and placed in active status as an unsolved crime.