UPDATE: Ex-bondsman testifes he was scared of driver on The Murfreesboro Post

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UPDATE: Ex-bondsman testifes he was scared of driver

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Ex-bondsman convicted of aggravated assault

Bondsman charged with fracturing man's skull

By: Lisa Marchesoni

Posted: Thursday, February 18, 2010 1:00 pm

Victim Tony Lynch can’t remember anything about a man allegedly punching him last year in a shopping center parking lot.

Lynch, 45, of Tedder Boulevard suffered brain injuries in the argument with another man May 11 at Kroger on Middle Tennessee Boulevard. He doesn’t remember driving to the grocery store.

He testified about his lack of memory in the trial of defendant Matt Garrett, 28, of Shoshone Place, a former Murfreesboro bondsman on trial for aggravated assault of Lynch. Garrett pleaded not guilty and said he punched Lynch in self-defense.

Closing arguments are scheduled Friday morning, then the jury will deliberate.

Since the incident, Lynch told Circuit Court Judge Don Ash and the jurors he can’t drive and can’t hear. He is unable to return to his job as an order filler at Wal-Mart in Shelbyville.

“There’s never going to be a full recovery,” Lynch said.

Garrett’s attorney Guy Dotson Jr. asked if Lynch had any previous memory of Garrett.

“No,” Lynch replied.

Garrett testified he pulled in front of Lynch on Middle Tennessee Boulevard. Lynch rode on the bumper and blew his horn. He accused Lynch of making obscene gestures before forcing him off the street. Lynch motioned for Garrett to pull over.

When they parked, Garrett said he saw Lynch lean over in the seat and put his hand in his pocket, making Garrett believe Lynch had a handgun. They cursed each other.

“I closed my eyes and swung,” Garrett said.

Lynch fell down and moved around.

“I didn’t want to fight anymore and I didn’t want to find out what he had in his pocket,” Garrett told jurors.

He left and called a police officer friend.

Under cross-examination, Assistant District Attorney Jude Santana asked him about his competition in a bodybuilding event. Garrett said he trained two hours a day in cardio and lifted weights for a year.

Garrett told Santana he was scared of Lynch because he didn’t know what was in his pocket.

“All I knew was he was coming at me,” Garrett said. “I definitely thought he was capable of hitting me.”

Santana questioned Dr. Michael Moran, a Baptist Sports Medicine neurologist, who examined and treated Lynch.

“He had a blunt trauma to the head,” Moran told jurors, explaining Lynch suffered a skull fracture and bleeding in his brain and ear. He remained in the intensive care unit several days.

“It can become life-threatening,” Dr. Moran said.

Lynch can’t smell and suffered a hearing loss.

“Typically, these deficits can be permanent,” Dr. Moran said.

The injury affects every aspect of brain functioning, including how the patient thinks and reacts, the doctor said. Many patients can’t drive or return to their jobs.

Dotson asked Moran about Lynch’s wife’s comments he wrote in a report.

The wife told Moran her husband was nicer, less irritable and more sociable than before.

Santana asked if Lynch’s injuries were caused by the punch or a strike to the pavement.

Dr. Morgan said he didn’t know which event caused the injury.

Eyewitness John Ellard said he saw the men “whipping in really fast” in the parking lot get out of their vehicles and threaten each other.

Lynch stood with his hands at his side and told Garrett, “I’m right here.”

“Mr. Garrett just swung and hit him,” Ellard said, adding, “He hit him so fast I don’t think Mr. Lynch saw it coming. Mr. Lynch – I don’t think he had time to blink.”

Lynch toppled to the ground and “his head bounced off the asphalt” and bounced a second time. “He was out cold.” Garrett looked down at him, “seemed to smirk” and drove away.

Ellard wrote down the license plate number of Garrett’s SUV and called 911.

“Really, I didn’t have no choice,” Ellard said.

Ellard stayed with Lynch until paramedics arrived.

“Man, honestly, I thought he was going to die,” Ellard said, describing Lynch as convulsing, suffering seizures, moaning, trying to breathe and twitching his eyes.

Dotson asked him if he tried to stop the argument.

“I’m 140 pounds soaking wet,” Ellard said, describing both Garrett and Lynch as bigger men than he is. “I wasn’t going to get in the middle of it.”

Eyewitness Jeremy Morrill testified he saw the two men in a confrontation before Garrett struck Lynch one time. Morrill watched a few seconds while Garrett drove away and Lynch didn’t get up.

“That guy’s not getting up,” Morrill said. “That guy’s really hurt.”

Morrill tried to get Lynch to respond but he didn’t. He called 911 and stayed until paramedics responded.

Murfreesboro Police Detective Tannas Knox showed surveillance video from Kroger showing the men in the parking lot and photos of Lynch in the hospital where she interviewed him several times.

“He had no recollection of what happened,” Knox said.

Billy Lynch, the victim’s father, said his son and his daughter-in-law lived in his house because the Good Friday tornado destroyed their home on Tedder Boulevard.

“I thought the tornado was terrible but it’s nothing compared to the damage to his head,” the elder Lynch said.

His son suffers from short-term memory problems. He can’t drive or work.

“I can’t see no end to it,” the father said.

Lynch’s wife, Dana, said her husband remained hospitalized more than a month. He can’t hear well or smell so she can’t let him cook in case of a fire. Her college-educated husband does math on his fingers.

“It’s a total overall change,” the wife said.

Tagged under Matt Garrett, Tony Lynch

Member Opinions:

By: willis5038 on 2/19/10
was there history here? Or is this some random road rage situation?

By: momof3 on 2/19/10
I don't think the article sounds silly at all. I don't know any of the parties or any of the details except from what I've read here and at the time of the incident. It sounds like Mr. Lynch was a victim of a road rage incident and the fact that the one who assaulted him got in his truck and left says a lot. I am glad there were witnesses who can testify as to what happened since the victim can't remember all the details. I pray that your husband recovers to the fullest extent he is able to. God bless you and your family.

By: Farmall on 2/19/10
One thing I have learned over the years is that reporters seldom get facts, or stories straight. If you witness something or go to an event, and then read about it the next day you will find yourself wondering if you were at the same place as the reporter. Dlynch, I am not surprised in the least that your account of the trial is night and day from what we read here. I had very high hopes for this newspaper when it started up, unfortunately quaility is not something that is considered important here.

By: arun on 2/22/10
I think Matt Garrett should have gotten more than 4 years for what he did to Tony Lynch & his family!I just dont understand how someone could destroy another persons life over road rage.My prayers go out to the whole Lynch family.