We have the cell phone video of the tense moments before a Colonial Heights man was beaten to death. Two of the four suspects in Rusty Mack's death have walked free. This video gives us our first look at what jurors saw in the courtroom.
The defense says the video shows Rusty Mack was drunk and aggressive. Mack's family says that is no excuse for what happened to him that night.
"I'm right here bro," shouted Rusty Mack and Jonathan Guy. "I'm right here right now bro!"
The cell phone video shows a visibly agitated Mack. He confronted his estranged wife Ashley and her new boyfriend, his cousin, Jonathan Guy over alleged jabs on Facebook.
"Stop posting [expletive] on me," exclaimed Rusty.
"I don't say anything about you on Facebook," screamed Ashley Mack.
"You don't?" questioned Rusty repeatedly.
"No," replied Mack.
"Alright," said Rusty. "[Expletive] leave. [Expletive] You hear me Ashley? [Epletive]"
We spoke with Ashley Mack's attorney, Joe Morrissey.
"And it's sad what happened to him," said Morrissey. "It is tragic for the family, but to a large degree he brought it upon himself. I was at that preliminary hearing when that tape was played, and it shows that the victim as we've said all along was wildly intoxicated."
Mack's aunt, Carol Clayton, says the video is still hard to watch.
"If he got drunk," said Clayton. "Oh well. It is no reason to go over there and kick somebody in the head and kill them. He asked them multiple times to leave and leave him alone."
We counted numerous occasions where Rusty asked the accused suspects to leave his property.
"You can [expletive] leave right now," said Rusty.
"I'm not on your property," replied Guy.
"You can leave right now," said Rusty again.
"I'm not on your property," said Guy. "I'm on a public street."
The video goes dark before the actual fight.
"An accident that he fell down and hit his head," said Morrissey. "But [it's] not a murder."
However, the medical examiner's report lists the cause of death as blunt force injury to the head. It labels the death a homicide. The family is now hoping for justice after two of the four suspects, Jonathan Guy and Francis Blaha, were freed after their day in court.
"It's just heartbreaking and my family is just devastated," said Clayton.
This case is not over yet. Ashley Mack and Margaret Blair Dacey are still awaiting their day in court. There is change of venue hearing for Ashley Mack on November 25th.
Saturday, April 19 2014 5:58 PM EDT2014-04-19 21:58:33 GMT
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