Court hearing: Man charged with assault after breaking Ozark cop's hand ... with his face

Court hearing: Man charged with assault after breaking Ozark cop's hand ... with his face

A Branson man has been charged with assault after an Ozark police officer broke his hand punching the man in the face several times.

Matthew Calhoun, 48, is facing the felony assault charge in Christian County in connection with a Dec. 14 encounter outside of a convenience store.

At a preliminary hearing Tuesday, Calhoun's defense attorney Stacie Bilyeu called it ridiculous to charge her client with using his face to cause "serious physical injury" to an officer's fist.

Janette Bleau, assistant Christian County prosecutor, argued the other side, saying Calhoun's aggressive behavior put the officer in a position where he had to defend himself and that resulted in the injury.

Ultimately, Judge Douglas Bacon chose to move the assault charge on to trial court, while dismissing a different felony resisting arrest charge.

Ozark Police Department Officer Trevor Spencer testified at Tuesday's hearing that he started following Calhoun's vehicle late at night on Highway 65 because he suspected Calhoun might be speeding, although he did not have radar to confirm that.

As the officer followed Calhoun, he ran the license plate and discovered Calhoun had a warrant for his arrest for violating the terms of his probation in a Taney County drug possession case.

The officer said he watched as Calhoun pulled off the highway and entered the Fast-N-Friendly convenience store on Jackson Street.

When Calhoun got back outside, Officer Spencer said he turned on his emergency lights and pulled in behind Calhoun's parked car.

Spencer said he then got out of his patrol car to detain Calhoun and a physical struggle ensued.

Spencer said he tried unsuccessfully to take Calhoun to the ground a couple of times, and Calhoun broke away — elbowing him in the chest.

The officer said he then grappled with Calhoun some more, and when Calhoun allegedly balled up his hand into a fist, Officer Spencer said he punched Calhoun in the face two or three times.

The punches resulted in the officer breaking his hand.

Spencer said after the punches, Calhoun ran away, but Spencer was later able to use a Taser on Calhoun and take him into custody.

At Tuesday's hearing, defense attorney Bilyeu called the case "absurd."

"Are we supposed to feel sorry for Officer Spencer because he broke his hand on my client's face?" Bilyeu asked the court.

Bilyeu argued the state could not prove Spencer ever told Calhoun he was under arrest, which resulted in Judge Bacon dismissing the felony resisting arrest charge that Calhoun had been facing.

Bilyeu also called into question whether Spencer had probable cause to stop Calhoun in the first place since it would have been difficult to positively identify Calhoun as the driver of the car after seeing the vehicle pass by on the highway and then seeing Calhoun walk into the convenience store from about 50 feet away.

As for Calhoun allegedly elbowing Spencer in the chest and balling up his hand into a fist, Bilyeu said she did not believe that gave the officer the right to punch her client in the face several times.

Judge Bacon ruled that the assault charge against Calhoun, which carries a possible 15-year prison sentence, should move on to circuit court where Calhoun could end up going before a jury to determine whether or not he is guilty of assaulting the officer.

Officer Spencer did not report having any injuries other than the broken hand.