Jury seated, murder trial begins in Windom

Yahoo

2 days ago

Jun. 10—WINDOM — The trial for Happy No Name Given, 26, of San Diego, California, began Monday in Cottonwood County Fifth District Court following two days of jury selection last Thursday and Friday.
The jury trial is scheduled through June 18, with a 12-person jury made up of seven women and five men, along with two alternates, tasked with deciding the fate of Given. The accused is charged with six felonies, including two counts of second-degree murder, two counts of second-degree assault and two counts of threats of violence. The charges stem from a New Year's Eve incident at a Windom bar that resulted in the death of Ben Matter, 30, of Windom.
On Monday, the jury heard opening statements and testimony from numerous witnesses.
The criminal complaint
According to the amended criminal complaint, Given is alleged to have used a hunting-style knife to stab Matter, who was at a bar in town the evening of Dec. 31.
When officers arrived at the scene, they observed Matter to have two stab wounds, one in the chest/lung area and another in his lower abdomen. He was unconscious and later died at the Windom Area Hospital.
In the report, a witness to the incident said that after Given was escorted out of the bar after becoming too rowdy, he came back in with the knife. When Matter went to speak to him again, Matter was stabbed. It's also written in the report that this witness and another person also suffered wounds from Given that required stitches.
During his arrest, Given was quoted as saying, "I'm going to kill you all!" to a bar patron. A hunting-style knife with blood on it was collected at the scene. According to the report, while being treated for injuries at Sanford Worthington Medical Center, Given told a Minnesota State Trooper that a person who was beating him at a game of pool hit him over the head with a stick. Given said he ran out to his semi truck to get a weapon, but said he came back empty-handed.
A search warrant executed to law enforcement later found a knife sheath in the front passenger seat of the semi Given was driving.
On March 24, Given requested his right to a speedy trial. He pleaded not guilty to the charges on April 29.
Representing Given is Stephanie Skoro of Eagan-based law firm Siben, Edmunds and Miller, while Assistant State Attorney John Gross is prosecuting the case. The case is being heard by Cottonwood County Judge Christina Wietzema.
Opening statements
Gross spoke to the jury first, previewing the list of witnesses who will be called to testify, as well as evidence that would be presented during the trial, from photos to reports, documents and video footage.
"Initially he (Happy) was getting along with people, but that changed over the course of the night," Gross said. "The defense will claim he was acting in self-defense but he was not. At the end of this, I am going to ask you to find the defendant guilty on all counts."
Skoro then briefly laid out the details of the evening as well, but shared a different perspective on the incident, sharing that Given acted to save himself from harm on Dec. 31, 2024.
"This case is not a man who was looking for trouble.... Happy did not expect to be confronted by an aggressive, intoxicated man," she said, adding that the evening started out harmoniously, but after Given was treated badly and beaten physically, that tone began to change.
"He was the odd man out, blocked from using the bathroom," Skoro said.
She described the injuries Given received that night, which resulted in a bloody and swollen face. According to Skoro, Given went back into the bar after being thrown out to retrieve a prized possession of his, a camera.
"He armed himself with a knife and walked back into the bar when Ben Matter came at him with his arms up and Happy defended himself," Skoro said.
First Witnesses
Windom Police Officer Austin Lasky, who was the first officer to arrive on scene the evening of Dec. 31, was the first to take the stand. During his testimony, he detailed for jurors what it was like to receive the call about a stabbing at the Windom bar, and described the scene once he arrived.
"I saw several people running, in and out and by me," Lasky said. "Once inside, I saw a man on the floor that appeared unconscious, had stab wounds and was bleeding."
The jurors observed a redacted version of body camera footage from Lasky's camera that night. Lasky is seen sprinting inside the building and trying to take control of what appeared to be a chaotic scene. Many people are heard yelling, screaming and crying throughout the video footage.
The camera shows Lasky checking on both Matter and Given, who was being pinned to the ground at the time. Witnesses are heard telling Lasky what took place and one witness hands Lasky a buck knife that was allegedly used in the incident.
Lasky is shown turning his attention to Matter, who is seen with his shirt off and bleeding. Many people are surrounding him and even though he appears to be unconscious in the video, an off-duty nurse is seen trying to render aid. Sobs and soft encouragement of "Keep breathing Ben," and "C'mon, Ben," can be heard numerous times throughout the video as CPR is started on him and other officers arrive.
Body cam footage was also shown of the search Lasky conducted of Given's semi truck after a warrant was obtained. Lasky is shown taking pictures of two things: a knife sheath laying on the passenger seat and identification papers.
During cross examination, Skoro asked Lasky about his law enforcement history, including his training.
"Had you ever been involved in an incident of this caliber before?" she asked, with Lasky responding no.
Skoro asked Lasky why he didn't immediately say all persons present had to stay at the bar. He can be heard giving that command around 10 minutes into the video, but while rendering aid, people are observed walking past and out the building.
Skoro then pressed Lasky on potential assumptions he made as information was gathered throughout the night.
"You assumed that was the knife (the knife handed to him) that was used and assumed it was Happy who stabbed him based on what people told you, right?" Skoro asked, with Lasky answering with the affirmative.
Taking the stand next was Cara Zamzow, Matter's fiance. She described how long she had known Matter and been in a relationship with him, as they shared two children.
Prosecutor Gross asked her to detail New Year's Eve as she remembered it and when she remembered noticing Given, who was an out-of-towner.
Zamzow testified when things began to get rowdy, resulting in Given being escorted from the bar, she tried to have Matter keep his distance, saying, "Ben liked to help people, but I distracted him because I felt he didn't have to get involved."
Zamzow said Given was thrown out of the bar, but re-entered the building a short time later. She observed this as she was standing outside at the time.
"I remember seeing him holding up what looked like a long knife," Zamzow said. "I froze... I watched him through the window. Ben pushed him back and I unfroze, ran inside and started yelling for Ben."
She continued, "Ben was inside saying he'd been stabbed. He leaned against the wall and went down. I looked for wounds to apply pressure. I blacked out and remember next being pushed out of the bar."
During cross examination, Zamzow testified that she didn't see Matter get stabbed but saw him push Given against a wall.
The prosecution then called Bureau of Criminal Apprehension forensic scientist Vanessa Perez to the stand to document the scene at the bar in the early hours of Jan. 1. She described for jurors how her team photographed the bar and any evidence that was found, like bloodstains on the floors and walls.
"We collected a number of different items from the scene (to be tested)," shared Perez.
Bartender Cassidy Haberman testified that she was working at the bar the night of the incident. She walked jurors through the layout of the bar and detailed her interactions with Given throughout the night. She said Given was taking photos with a camera that evening and said he was from San Diego, California. He also said he was in Windom because his trucking shipment got canceled going from Mankato to Worthington.
"When did you first notice issues arising?" Cottonwood County Attorney Nick Anderson asked.
"Happy was getting upset because he wanted to play pool for money," Haberman answered. "He remarked to me that he was better than all the guys (other players) because they were too broke and the guys were getting mad that an innocent game of pool was turning into that."
Haberman described seeing Given being escorted out by a group of men a short time later and when she noticed he reentered the premises, she was on high alert, saying, "I noticed shuffling by the front and screamed 'He's back inside.' It looked like a fight was breaking out."
When asked why she screamed about Given's presence, Haberman said,"He had an angry look on his face and I knew it wasn't something good."
During cross-examination, Skoro asked Haberman if she called 911, since she was so concerned about Given. Haberman replied "No".
Monica Strand, bar manager, was also helping with the holiday crowd that evening and was called to testify.
Strand testified that when Given asked about playing pool for money, he seemed "very agitated." She said eventually things escalated to where Given was told by Strand that he needed to leave and he was escorted out.
"He said 'If you kick me out, I'll come back with my friends,'" Strand testified. "The next thing I remember, people were screaming and I ran towards them.... I saw the blade of the knife and yelled 'He has a (expletive) knife.'"
Strand broke down in tears as she described for the jury seeing blood pour out of Matter.
To wrap up the first day of testimony, Windom residents Bobby and Susan Buss recounted their evening at the bar during the incident.
Bobby was one of the people who escorted Given out of the bar. He said he stayed outside for the rest of his time there, saying he was "nervous about what could come."
He described being outside the bar when Given approached the premises again. When Bobby told him he wasn't allowed back inside, he said Given pulled a knife from a front pocket and got through the doorway even as Bobby tried to push it closed.
"After that, I called 911 and that's when I heard Ben say, 'He stabbed me.'"
Susan detailed for the jurors that after Matter was stabbed, she tried to render aid and kneeled next to his head.
"Once they started CPR, I brought Cara (Zamzow) outside and we sat there until the ambulance arrived," she said.
Day 2 of the trial was set to begin at 8:30 a.m. Tuesday.