Portland man cleared in roommate's death
02/21/2007
Associated Press
A Multnomah County judge found Matthew Lisicki not guilty of murdering his best friend almost three years ago.
Lisicki, 27, shot Derek Rew five times during a fight in their southeast Portland apartment in April 2004. Lisicki's attorneys argued that their client was defending himself when he shot his 22-year-old roommate.
Lisicki showed no emotion when Judge Linda Bergman announced her verdict Tuesday. Minutes later, Lisicki said he didn't know why prosecutors charged him with murder and he felt fortunate that he was able to afford private attorneys.
Lisicki's father, Tom Lisicki, is president and CEO of Stash Tea in Tigard.
The case hinged on the question of whether Lisicki used reasonable force by reacting to Rew's punches by pulling out a gun and shooting.
Deputy district attorney Kirsten Snowden said she disagreed with the judge's verdict, but wasn't surprised. She said the defense opted for a trial by judge instead of jury because the judge appeared to be sympathetic to their side when she set bail at $250,000.
Most murder defendants remain in custody while awaiting trial.
"I think it's a travesty," Snowden said. "While Mr. Rew deserved to be arrested or beat up or brought to detox, I don't believe he deserved five bullets for his behavior."
Lisicki's attorneys, John Neidig and Steve Lindsey, argued during the trial that Lisicki had reason to fear Rew. They said Rew had bragged to Lisicki about getting away with shooting two people to death in Tacoma and being capable of murdering a person with his bare hands.
Lisicki is 6-foot-1 and 190 pounds, according to his driver's license, and Rew was 6-foot-5 and weighed 240 pounds, defense attorneys said.
Rew became enraged after Lisicki failed to defend him when two women ridiculed his hair and fake diamond earrings at a party, attorneys said. Rew, who had a blood alcohol content of 0.19 percent, hurled a concrete ashtray, cracked the dashboard of Lisicki's car and punched Lisicki in the face.
Once inside their apartment, Rew declared he was going to kill Lisicki, according to the defense. All the bullets Lisicki shot at Rew were aimed upward, as if Lisicki had been on the floor looking up at his attacker, the attorneys said.
Rew's family quickly left the courtroom after the verdict.
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