OFF THE WIRE
Two men awaiting trial are free today after murder charges were dismissed in a New Year’s Day death at a Battle Creek motorcycle club.
Matthew Starkweather, 32, of Battle Creek and John Lindahl III, 54, of Kalamazoo were released from jail after Calhoun County Assistant Prosecutor Jeff Kabot on Tuesday dismissed cases against both men.
“He will be relieved to breathe fresh air,” Starkweather’s attorney, J. Thomas Schaeffer said Tuesday. “It will be a good day for him.”
Both were charged in the Jan. 1 death of Lee “Leeroy” Taylor, 45, of Battle Creek. He was found dead of head injuries about 6 a.m. inside the Iron Coffin Motorcycle Club at 15 Gilbert St.
Starkweather was arrested that day at the club; and an arrest warrant was issued in mid-February for Lindahl and he surrendered to police a few days later.
Both cases had been sent to circuit court for trial and both men were being held in the county jail.
Assistant Prosecutor Jeff Kabot said Tuesday he decided to dismiss the charges because of inconsistent testimony by Mario Barroso, the only witness who was also inside the clubhouse. Battle Creek police alleged that Starkweather and Taylor were fighting over money and Lindahl became involved. All three and Barroso were members of the Iron Coffins.
Kabot said Barroso changed his testimony during several hearings and began to tell prosecutors he had forgotten what he saw.
“I am concerned Mario would continue to change his story,” Kabot said. “I don’t want to go into court crossing my fingers and hoping he will tell the truth.”
Kabot said he still could prosecute the case but is awaiting analysis of some evidence still at the Michigan State Police Crime Lab.
He said he will bring charges “if I can put together a case that I can prosecute.”
Kabot said members of Taylor’s family were notified of the decision and he expects to meet with them later this week. A telephone message to Taylor’s wife was not immediately returned. Lindahl’s attorney Matthew Glaser also did not return a message seeking comment.
Starkweather’s attorney, J. Thomas Schaeffer, said he always has argued that the case was one of self-defense for his client.
“I thought that from the word go,” he said. “My client defended himself.”
During testimony at earlier hearings, witnesses said Taylor, former president of the Battle Creek chapter of the club and then president of the Jackson chapter, went to the club on Gilbert Street about 2:30 a.m. with his wife and several others to celebrate the New Year.
But within moments of walking inside he and Starkweather began fighting.
Taylor’s wife, Lynette Taylor, said in court she last saw her husband on the floor of the club after he was knocked down by Starkweather. She and all other non-club members were told to leave by Lindahl and Baroso.
Several hours later she was allowed into the club after police arrived.
“There was blood all over and my husband was laying on the floor,” she said. “Then an EMT told me I had to leave.”
Prosecutors had alleged that Starkweather struck Taylor with an club and Lindahl hit him in the head at least twice with a shotgun.
But Schaeffer said he believes that his client was only protecting himself.
He said Taylor pulled a small knife from his belt buckle and stabbed Starkweather in the neck and was able to hit Starkweather with the club.
“My guy was engaged in a fight for his life,” Schaeffer said Tuesday. “It was a classic self-defense case. I thought that from the word go.”
Asked if the case was over now, Schaeffer said “It should be.”
Barroso, a 30-year-member of the Iron Coffins, had been considered a key witness in the case. He was given immunity from prosecution to testify and appeared during preliminary examinations for both Starkweather and Lindahl.
Barroso told attorneys he didn’t see much and frequently said he forgot details of the incident.
During his last appearance, testimony in district court for a preliminary hearing for Lindahl, Barroso said the fight between Taylor and Starkweather was about 2 minutes long but then said it was 30 minutes.
That exchange promoted Kabot to ask: “Are you just making up the times?”
Kabot said he decided he couldn’t trust Baroso to provide consistent testimony, which was crucial to the prosecution.
Taylor’s death was the first homicide of the year in Calhoun County. Six others have been recorded this year.
http://www.battlecreekenquirer.com/article/20120717/NEWS01/307170012/Murder-charges-two-dismissed-Iron-Coffin-case
