TEXARKANA -- A Miller County jury on Thursday convicted a man of manslaughter, deciding he threw a punch at a nightclub in 2015 that led to another man's fatal brain injury.
A jury of nine men and three women assessed the maximum $10,000 fine for Taylor Caz Rogers, 27, in the death of Jon Paul Russell but did not order any prison time. Rogers left the Miller County Courthouse in debt, and with a felony conviction, but free.
Russell, 32, struck his head on a table and a concrete floor at the Electric Cowboy nightclub in Texarkana after being punched by Rogers in the early hours of Aug. 29, 2015.
Rogers testified Thursday that he was "scared" when Russell, who stood about 6 feet and weighed approximately 180 pounds, engaged his friend, Taylor Rosen, in a verbal exchange over a woman.
Rogers contradicted the testimony of several witnesses who worked in the club as bouncers when he claimed the security staff was too far away to be of much help to Rosen, who is approximately 5 feet, 7 inches. Under questioning, Rogers claimed that Russell had taken a swing at him or his friend and that he was compelled to react. Bouncers who were close to the situation testified that Russell was verbally confrontational but never moved to throw a punch.
Deputy Prosecuting Attorney Kristian Robertson pointed out inconsistencies between Rogers' testimony Thursday and statements he made during an interview Sept. 3, 2015, with Texarkana police Detective Paul Nall, which was videotaped and played for the jury at trial.
"You injected yourself in a situation you acknowledge had the attention of four bouncers. You put yourself in that situation unnecessarily, didn't you?" Robertson asked Rogers. "You attacked him, didn't you?"
Witnesses testified that bouncer Lennon Davis had the situation under control and that three other bouncers were at the ready when Rogers threw a punch over Davis' shoulder, striking Russell in the jaw.
Texarkana neurosurgeon Marc Smith testified that a substantial skull fracture near Russell's brain stem left him with a "very poor prognosis." Smith said Russell's injuries were consistent with someone being knocked out as they stood and then falling, striking his unsupported head on a hard object.
Russell's family, a number of whom sat through Rogers' trial at the Miller County Courthouse, decided to discontinue life support about two weeks after Russell suffered the traumatic brain injury. Smith testified he would have made the same choice had it been a member of his own family.
Deputy Prosecuting Attorney Connie Mitchell argued that Rogers' decision to get involved in a verbal altercation between two men proved deadly, especially because it was being mediated by someone trained to handle just such situations.
"Boys, booze and women. Like I said, never a good combination," Mitchell told the jury in closing arguments. "That's why clubs like the Electric Cowboy have floor security. If Taylor Rogers had just let them do their jobs that night, Jon Paul Russell would still be alive."
State Desk on 08/08/2017