Expert: Hathorn story makes no sense

A medical-legal expert's court testimony Thursday undercut Robert T. Hathorn Jr.'s claims that state Trooper Josef Brobst shot him in the finger before the two tussled along Interstate 75 in Findlay. Hathorn, 42, of Muskegon, Michigan, faces multiple felony charges, including one alleging he shot Brobst on Oct. 6 after the Ohio State Highway Patrol trooper pulled him over in traffic. Judge Reginald J. Routson is presiding over the trial in Hancock County Common Pleas Court. Hancock County Prosecutor Phillip Riegle and Assistant County Prosecutor Colleen Limerick rested their case against Hathorn on Thursday. They did so after presenting jurors with expert testimony appearing to refute Hathorn's claims that he was shot by Brobst. Brobst suffered a gunshot wound in the groin and Hathorn suffered a gunshot wound to the index finger on his left hand. Brobst has testified that Hathorn pulled the trigger of Brobst's gun while it was in the holster after the two struggled and went over the guardrail. Hathorn, who outweighed Brobst, appeared on video to have pushed Brobst backward over the guardrail and then landed on top of him. Hathorn has told investigators that he had his hands raised in submission to Brobst when Brobst shot him in the finger and then he put Brobst in a bear-hug to protect himself before they went over the guardrail. But Dr. James Downs, a forensic pathologist from Savannah, Georgia, testified that Hathorn's claims about the timing of his finger wound make no sense in light of other evidence. Video taken by a camera in Brobst's cruiser shows Hathorn's arms and hands wrapped around Brobst as the two struggled before going over the guardrail. Yet Brobst's shirt from that day contained no blood on the back, Downs testified. So, Hathorn's claims that he was shot before the struggle make no sense, Downs testified. "If that wound in his hand is preexistent, that wound is going to bleed profusely," Downs testified on direct examination by Limerick. "Particularly if you take somebody, again, in a bear hug, you're squeezing the wounded area right next to the areas that would absorb the blood. So if that were the case, I would expect to find blood patterns representing struggle on the back or wherever that hand is on the trooper's uniform, and I just don't see that." Instead, Hathorn's finger wound occurred later after the two went over the guardrail, and the same bullet that hit Hathorn's finger became lodged in Brobst's groin, Downs testified. In fact, photos of Brobst's injury show markings on his skin that appear to have resulted from fragments of bone and skin from Hathorn's wounded finger, which became "secondary projectiles," Downs testified. Further evidence the bullet first hit Hathorn's finger: The bullet struck only soft tissue — no bone — inside Brobst's groin, yet it did not exit the body and was misshapen and fragmented, Downs testified, citing X-rays. In addition, the bullet entry wound in Brobst's groin was ragged irregular. "Something happened to this bullet before it went into his body," Downs testified. "That's not a nice round or oval typical entry wound." Hathorn's DNA was found on the trigger of Brobst's gun and the bottom of the holster, according to testimony Wednesday. Downs testified that Hathorn's blood could have gotten on the gun trigger and holster by blowback if the wounded finger was near the gun's muzzle. His blood also could have spilled onto the trigger and holster when Hathorn got up to flee the scene, Downs testified. The trial continues today with Hathorn expected to bring witness testimony. Closing arguments also could be made, and the jury could begin deliberations. Wilin: 419-427-8413