Matt Nicholson: An Unusual Casualty Of War?

Police say there's no question that an Iraq Vet preparing for a second tour, Matt Nicholson, was only trying to help - see video here. A text report here. Now, he's facing felony assault charges. In the video report, it's confirmed the women were being pushed around by the man who was not arrested. And they liken Nicholson's actions to what he would be expected to do in Iraq. Certainly, he made some poor judgments - but a felony conviction and the all but ruining of his life for this?

Matthew Nicholson of Oakdale thought he was helping when he followed a frightened little boy home after the child said his father was assaulting his mother and grandmother. Rather than gratitude, Nicholson's perceived act of heroism landed him in jail, where he sits today.

Nicholson, 22, an Army private first class who is scheduled to return to Iraq in three weeks for his second tour, is charged with felony battery for allegedly beating Martin Lemas, 35, of Oakdale enough to send him to the hospital. If convicted, Nicholson could spend a year in county jail or as long as four years in state prison. It's unknown what will become of his military career.

Comments

[TheSpartan]

I feel bad for him but he would have been wise to just call the cops.

[seekeronos]

Sad business, but CYA seems to be the rule of the day... although if I were the judge presiding, I'd try to have the case disposed of on general principles -- or if that weren't possible, then arrange for the most lenient sentencing upon conviction.

However, PVT. Nicholson would have done better to have called the cops - and maybe, if he was so motivated - acted as a meat shield (so to speak) between the husband and the two women, by fighting defensively with blocking tactics or maybe a restrain technique, according to his training.

Even then, that's no guarantee that the local cops wouldn't have charged him with some form of assault - for simply acting outside of his role as a civilian bystander who is (in their eyes) untrained and unauthorized to conduct police action.

The trouble is, that sort of thing (domestic violence response) can see emotions on both sides of the argument riled up very potently and lightningly fast - with very deadly results if weapons get involved.

Furthermore, police are much more highly trained to control their own emotional responses in dealing with a domestic violence scene than a combat soldier.

Soldiers are not really well trained at all for peacetime civilian police work, and military police work (such as is necessary in occupying a hostile foreign territory) can easily neglect to observe what we expect to be observed here as civil rights and proper police procedure.

While I can sympathize in part with PVT Nicholson, he did not think things through very well, and relied on his gut reaction (which can save lives in combat) but resulted in letting the guilty man (the abusive husband) go Scot-free.

I reckon that "posse comitatus" item just might exist for good reason.

[Ryan Frank]

Based on the comment from the judge, I don't think he is going to do this guy any favors, since he apparently raised his bail for no damn good reason. I think the guy screwed up, but I hope they can't find a jury that would convict him.

[Capitalist Infidel]

No good deed goes unpunished.

[Barry]

The judge that raised his bail is a pig. The guy should probably get a medal and he ends up in jail. Let the police handle it my ass. They will not be were you need them. Sometimes you have to handle it yourself. Unfortunately, we are now a society of pussies, and a justice system that will punish anyone who is not.

[brent]

I would like to see the actual article because I suspect there is more to this story than what has been said. I always thought if someone was being assaulted someone else could jump in and help the victim. If this soldier goes to jail for simply helping the victim then our courts are screwed up. This will cause more people becoming victims because every bystander will be hesitant to help.

[Ryan Frank]

Brent -

Unfortunately in many abusive relationships the abused person is unwilling to press charges (and this appears to be the case here) If the girlfriend/whatever won't testify that the guy was attacking her, the soldier is basically screwed as far as the law in concerned. As they say, the law is an ass.

[Lurking]

If you were watching this play out in a movie, what would you want to happen?

1) Would you want hero soldier home on leave to follow little boy, and sit idle as wife beater roughs up wife & grandma, while soldier boy calls 911 and decribes what is happening?

2) Would you want soldier boy to follow little boy home, and upon seeing wife beater in action - teach him a life lesson whilest stifling the "guy on girl" beat down?

Better yet, if it was *your* sister or *your* mom, what would you want to have happened?

[Fred Beloit]

"Better yet, if it was *your* sister or *your* mom, what would you want to have happened?"

Well, Lurking, if he were in my unit, I'd promote him to Corporal, that's for sure.

[Fred Beloit]

"Better yet, if it was *your* sister or *your* mom, what would you want to have happened?"

Well, Lurking, if he were in my unit, I'd promote him to Corporal, that's for sure.

[Tony Joven (Ret. Police Sgt.)]

It appears to be unbelievable that the officer in this case would charge him with a felony battery. There was no evidence of any weapon used, whether it be shoes, boots, stick, etc., yet they saw fit to charge this soldier with a felony. I have seen worse assaults where the arresting disposition would have not amounted to more than a misdemeanor assault. The soldier in this case says he was felt threatened when the man who was hitting and choking the 2 women, raised his hand as if to execute a strike. However, the police from this small town in Stanislaus County sided with the man, who by the way has a history of domestic violence. Let me ask you, if a police officer were talking with you and you were intoxicated as is the case with the man, and you raised your hand towards the officer, what do you think would happen?
In court, what the judge did in this matter by raising his bail from $20K to $50K because he asked to be released on his OR so that he could explain this situation to his military superiors was just plain and simple pomposity and arrogance. With the type of arrestees in front of the court on any given day, he chooses to make an example of this soldier for asking a question makes an ass out of himself. I have seen arrestees go before the court for attempted murder and bail was set at $50k. Most of which are gang bangers and thugs.
The district attorney is Stanislaus County will be reviewing this case soon and I hope that they have the strength to dismiss this case for lack of evidence for which the soldier was charged. The DA in that county has exercised prudence and fairness in the past and I don't see them agreeing with the Oakdale Police on this one at all.

[seekeronos]

"--- The DA in that county has exercised prudence and fairness in the past and I don't see them agreeing with the Oakdale Police on this one at all. ---"

Let us all hope so. This whole incident looks fishy, based upon currently available info.

What I cannot understand here is the relationship between the judge, the police (the arresting officer[s], or the entire PD) and this drunken wife-beater... or is this small town one of these little towns where everybody knows the other, and this soldier was an outsider, and therefore wrong, by virtue of not being one of the townies?

Or was the wife-beater, one Mr. Lemas - in cahoots with the cops on the scene, as some sort of crony of theirs?

What makes matters worse for PVT Nichols is (that Lemas alleged) that PVT Nicholson claimed to be a CHiP (California Highway Patrolman), which if true, could make him liable for an Impersonating a Peace/Law Enforcement Officer charge of one sort or another. That is generally a very big no-no, claiming to be a cop when you're not, as I've always understood things. However, there seems to be no indication that he was charged with that.

Lastly, if Mrs. Lemas or her mother did not wish to press charges or make a claim against Mr. Lemas, then the police would overlook that particular disturbance, and go after PVT Nicholson for beating on Mr. Lemas.

This publicly available organization chart gives the who's who in the Modesto PD:

http://www.modestopolice.com/pdf/mpdorgchart.pdf

It would be interesting to find out if and who this Mr. Lemas is connected to, if at all, to have warranted those arresting officers not to have at least investigated or questioned Mrs. Lemas or her mother at the scene. As a general observation, soldiers on leave generally don't go knocking down drunks at random; clearly, there must have been a motive, and in this case, I am beginning to suspect that there are unspoken circumstances surrounding PVT Nicholson's arrest, and the unusual leniency shown to Mr. Lemas.

[seekeronos]

EDIT: The Modesto PD was not the arresting PD. It was the City of Oakdale PD. No organizational information seems to be available.

Birgit Fladager is the current DA for Stanislaus County.

A Modesto Bee interview with her is on YouTube at:
www.youtube.com/watch?v=yEShKdmpvcw

I think that while a firm pursuer of justice, she may also be able to consider the merits of the case, and find a measure of empathy, to see a plea bargain or perhaps even dismiss the charges.

I intend to contact her as such.

For those others who wish to contact her concerning PVT Nicholson, her contact info (from Findlaw.com) is:

------------------------------------------------------------------------------------
Birgit A. Fladager
Stanislaus County District Attorney

Courthouse PO Box 4189
1100 I Street Room 200
Modesto, CA 95353-4189

Phone: (209) 525-5550 -or- (209) 525-4599
Fax: (209) 525-5545
------------------------------------------------------------------------------------

[Tony Joven (Ret. LE Sgt.)]

"The district attorney is Stanislaus County will be reviewing this case soon and I hope that they have the strength to dismiss this case for lack of evidence for which the soldier was charged. The DA in that county has exercised prudence and fairness in the past and I don't see them agreeing with the Oakdale Police on this one at all."

I last posted the above on Sept. 12, 2007. Since then an attorney volunteered her services to help Nicholson with these charges made by the Oakdale PD. Shortly thereafter a decision was made within my private investigations company to provide free investigative services as well. My partner, retired sheriff's deputy Louis Galindez signed on to handle the criminal investigation. We reviewed the police reports and as expected, they were lacking in several areas to mount this type of prosecution. Our investigation was done over the weekend, and the results had us all scratching our heads. Why was this arrest made? Nicholson wasn't a threat to anyone except the guy beating his wife and strangling his mother-in-law. Why didn't the PD refer this case to the DA's Office for review? Apparently, the Oakdale PD and the wife beater saw Nicholson as a threat to the community, when the opposite should have been assumed. Also, the wife beater has a history of domestic violence. This arrest has sent the wrong message to anyone thinking about rendering aid. Be careful in Oakdale, CA.

Today, the attorney representing Nicholson has told us that our DA's Office in Modesto, will be dismissing the charges against Nicholson this Friday. Cooler heads have prevailed and once again our DA's Office ran by DA Birgit Fladager has made the right decision in this case. Now, the soldier Nicholson can continue fighting for his country and representing the USA.

[seekeronos]

Hallelujah, the Lord hears the prayer of His people and answers!

[Tony Joven (Ret. Police Sgt.)]

Great News!!!

Today's article in the Modesto Bee.
http://www.modbee.com/local/pmupdates/story/73664.html

[SOLIDERS MOM]

MATTHEW, IS BACK IN FORT CAMBELL KENTUCKEY, 101 st AIRBORNE AND WILL BE LEAVING FOR IRAQ ,AS SCHEDULED WITH THE REST OF HIS PLATOON. GOD BLESS THE USA AND ALL OUR SOLIDERS WHO ARE FIGHTING TO KEEP US SAFE AT NIGHT. OH FOR THOSE WHO DONT KNOW, CHARGES DROPPED BY DA. ALSO SHERRIF CAME TO OUR HOUSE LAST NIGHT, ASKING FOR MATTHEW,WAS GOING TO SERVE HIM PAPERS FROM LEMAS TO APPEAR IN CIVIL COURT. LEMAS, WANTED TO SUE MATTHEW, FOR DAMAGES DOWN TO HIS FACE.MY HUSBAND SAID MATTHEW LEFT MONDAY BACK TO BASE AND WILL BE IN IRWQ FOR 18 MONTHS TO TWO YEARS , GUESS YOU CAN COME BACK THEN ? WHEN IT WAS ALL SAID AND DONE, LEMAS , IF HE COULD OF BEEN A FLY ON THE WALL, THAT MAN WOULD OF CRAWLED IN A HOLE AND DIED OF EMBARRESMENT !!!!! I WONDER IF HE KNOWS, THAT EVERY LAW ENFORCER OF STANISLAUS COUNTY, THINKS HE IS A JOKE, AND WONDERING IF HIS WIFE AND MOTHER ARE GOING TO FILE LAW SUIT AGAINST HIM ? LOL BE A MAN LEMAS, WHY DONT YOU GO TO IRAQ, AND SIT ON THE FRONT LINE TONITE, OH WAIT YOU TO BUSY HITTING YOUR MOTHER ??? AND WIFE !! DO YOU KICK THE FAMILY DOG AS WELL !!! NOW THAT ITS OVER MARTY, COME ON DOWN SON !!! CALL ME A BITCH AGAIN IF YOU PLEASE, BET YOU WERE TO DRUNK TO REMEMBER WHAT I SAID TO YOU ? YES YES IA AM, BUT ITS MISS BITCH TO YOU !!! OH BY THE WAY THE SOLIDER THAT YOU SAY KICKED YOUR ASS,( PUSSY!!!) IS GOING TO BE SAVING YOUR ASS BY FIGHTEN FOR YOU, AND EVERY AMERICAN IN THE US. I PRAY TO GOD, I DONT HAVE A MILTARY OFFICER COMING TO MY HOUSE SAYING, WERE SORRY, YOUR SON WAS KILLED OVER IN IRAQ PROTECTING HIS COUNTRY. MY SON IS A REAL MAN MARTY, YOUR A PIECE OF SHIT, WHO TERRORIZES HIS OWN FAMILY. OH KEEP UP YOUR SMART ASS MOUTH SHUT ABOUT MY FAMILY, NOW YOU WANT TO HARASS MY DAUGHTER, YOUR A MAN !! REMEMBER MARTY I KNOW YOUR SECRET !! AND I AINT AFFAIRD OF SAYING A WORD THERE MARTY OL BOY, YOU MESSING WITH THE WRONG FAMILY !!!