Photo by File photo Amiria "Braka" Matlock

The defense attorney for Amiria “Braka” Matlock wants to preclude the state from referring to the man Matlock is accused of killing as a “victim.”

FREE Mobile Banking NOW AVAILABLE!

In a motion filed in Lincoln County District Court on Friday, July 17, attorney Jim Paloucek said the word ‘victim’ is unfairly prejudicial.

He cited the Ohio case "State v. Wright", where a trial court was ordered to refrain from using the word “victim” before the state has proven a victim truly exists.

Matlock is charged with manslaughter for the death of Greg Styles after an altercation at Kelsey’s Place bar. Matlock allegedly hit Styles in the face. Styles fell, struck his head hard on the floor, was knocked unconscious and taken to Great Plains Regional Medical Center by ambulance where he died, according to police records.

In defending Matlock, Paloucek also seeks to preclude any testimony from a prime witness that night -- Dennis A. Dushaw Jr.

Paloucek said that Dushaw’s recollection of the events of that night is severely limited by the amount of alcohol he had consumed.

Dushaw’s sworn deposition testimony included that he was “…so drunk that (he) can’t remember what happened…” according to the motion.

Paloucek wrote that Dushaw’s level of uncertainty about what actually transpired is high enough that he is not comfortable with a jury making a decision based on his testimony.

Paloucek said Dushaw never saw Matlock’s fist hit Styles, or anyone else, that night and Dushaw only concluded that Styles had been punched when he saw him on the ground.

He said allowing testimony from Dushaw would be unfairly prejudicial.

The motion further seeks to disallow any evidence of a phone call between Matlock and North Platte Police Officer Steve Reeves on March 29, 2008 other than an audio recording of the conversation itself. Paloucek said in motion that the recording itself is the best evidence of the content of the call.

He also asked the court to order the state to produce the audio recording of the entire phone conversation.

The motion asks the court to preclude any testimony or evidence, including medical evidence, that used words like “hit”, “punch”, “struck”, “fight”, or “altercation,” except for evidence or testimony that is based on the declarant’s personal knowledge.

Matlock’s defense also wants the court to allow them to take trial depositions from physicians who treated Stiles. These physicians include Dr. Deborah Weaver of the emergency room at Great Plains Regional Medical Center and Dr. Adeleke E. Badejo of the Good Samaritan Hospital in Kearney.

The motion argued that the expense of paying for the doctors to appear in person is prohibitive, but their testimony is critical to their case.

The crime

Matlock allegedly hit Styles after a confrontation according to the police.

A police spokesman said after Matlock hit Styles in the face, Styles fell and struck his head hard on the floor. He was knocked unconscious and taken to Great Plains Regional Medical Center by ambulance.

Styles, 38, was transported to Good Samaritan Hospital in Kearney and kept alive for three days as he was an organ donor. He died March 31 after he was removed from life support.

Styles’ body was taken to Scottsbluff for an autopsy, according to the police.

Lincoln County Attorney Rebecca Harling said then that the pathologist’s preliminary finding was that Styles died from blunt force trauma to his head.

The police were called to the bar at 11:27 p.m. that night, according to investigators. Witnesses said Styles and Matlock had a short confrontation when Matlock allegedly turned and struck Styles in the head, knocking him to the floor.

Matlock was charged with manslaughter, which carries a maximum sentence of 20-years imprisonment. He posted a $30,000 bond.

Manslaughter is charged in Nebraska when a suspect kills another without malice on a sudden quarrel or causes the death of another unintentionally. Manslaughter is generally charged when prosecutors can’t prove that the death was intentional.