Man accused in bat attack found guilty
PLATTSMOUTH — After more than three hours of deliberation, a Cass County jury convicted Travis Meisinger of third-degree assault Thursday for beating Tony Premo Sr. with a baseball bat on Sept. 9.
Meisinger, 19, was accused of beating Premo, along with Anthony Houchin, 18, and Joshua Hauschild, 22, both of Weeping Water.
Interviewed at their home after the verdict, Premo and wife, Tracey, lamented the jury’s decision.
“I guess this means that it’s OK if someone comes to your house and hits you with a baseball bat,” he said.
A Class I misdemeanor, third-degree assault carries a maximum punishment of one year in prison and/or $1,000 in fines.
“(Cass County Attorney Nathan Cox) didn’t let us down, the jury did,” Tracey Premo said.
The Premos’ attorney, Shayla Reed, said she plans to file a civil suit against Meisinger.
Premo spent nearly a month hospitalized with critical head injuries that he is still recovering from nearly a year later.
On Thursday — the last day of his assault trial — Meisinger took the stand, claiming self-defense.
Cox said in testimony Tuesday the assault occurred after a group of young people from the Weeping Water area gathered and one of their friends began receiving calls from her ex-boyfriend.
Hauschild took offense to the ex-boyfriend’s tone toward the girl, Cox said.
He said Hauschild, Meisinger, Houchin and several others drove to Plattsmouth, where they were jumped by a number of people with weapons. They escaped to Meisinger’s car, grabbed bats from the trunk and returned.
As Premo walked onto the front porch, he was struck on the arm and head, Cox said.
In testimony Thursday, defense attorney Michael Ziskey questioned his client about his version of the events of Sept. 9.
Meisinger said 15 to 20 people were waiting for them when they arrived at the Premo residence.
After the first skirmish, Meisinger said, he, Houchin and Hauschild grabbed bats and returned to the home. Looking inside, Meisinger said, he saw others carrying bats and golf clubs enter the living room. Grasping the bat, he moved to the side of the door as he saw hands coming out.
He said he swung the bat, striking Premo in the head, then dropped the bat and ran.
“Were you in fear for your life?” Ziskey asked.
“I was,” Meisinger replied.
On cross-examination, Cox questioned Meisinger’s state of mind after the earlier run-in.
“Were you furious?” Cox asked.
“Yes,” Meisinger said, adding he wasn’t trying to hurt anybody.
Cox disputed that, saying Meisinger moved to get into position to get a better swing.
“It wasn’t to put myself into a better position,” Meisinger said.
In closing arguments, Cox said it didn’t matter that Meisinger had no intention of harming Premo.
“Intent is transferred. Whoever came out first was going to get a bat,” Cox said. “For the defendant to claim self defense is a mockery of self defense. You wanted your pound of flesh.”
Ziskey countered, saying just because you’re in a situation you’re not supposed to be in doesn’t mean you give up your right to self defense.
“Was it reasonable for Travis Meisinger to believe he was in danger?” he asked. “Yes, it was.”
Meisinger, 19, was accused of beating Premo, along with Anthony Houchin, 18, and Joshua Hauschild, 22, both of Weeping Water.
Interviewed at their home after the verdict, Premo and wife, Tracey, lamented the jury’s decision.
“I guess this means that it’s OK if someone comes to your house and hits you with a baseball bat,” he said.
A Class I misdemeanor, third-degree assault carries a maximum punishment of one year in prison and/or $1,000 in fines.
“(Cass County Attorney Nathan Cox) didn’t let us down, the jury did,” Tracey Premo said.
The Premos’ attorney, Shayla Reed, said she plans to file a civil suit against Meisinger.
Premo spent nearly a month hospitalized with critical head injuries that he is still recovering from nearly a year later.
On Thursday — the last day of his assault trial — Meisinger took the stand, claiming self-defense.
Cox said in testimony Tuesday the assault occurred after a group of young people from the Weeping Water area gathered and one of their friends began receiving calls from her ex-boyfriend.
Hauschild took offense to the ex-boyfriend’s tone toward the girl, Cox said.
He said Hauschild, Meisinger, Houchin and several others drove to Plattsmouth, where they were jumped by a number of people with weapons. They escaped to Meisinger’s car, grabbed bats from the trunk and returned.
As Premo walked onto the front porch, he was struck on the arm and head, Cox said.
In testimony Thursday, defense attorney Michael Ziskey questioned his client about his version of the events of Sept. 9.
Meisinger said 15 to 20 people were waiting for them when they arrived at the Premo residence.
After the first skirmish, Meisinger said, he, Houchin and Hauschild grabbed bats and returned to the home. Looking inside, Meisinger said, he saw others carrying bats and golf clubs enter the living room. Grasping the bat, he moved to the side of the door as he saw hands coming out.
He said he swung the bat, striking Premo in the head, then dropped the bat and ran.
“Were you in fear for your life?” Ziskey asked.
“I was,” Meisinger replied.
On cross-examination, Cox questioned Meisinger’s state of mind after the earlier run-in.
“Were you furious?” Cox asked.
“Yes,” Meisinger said, adding he wasn’t trying to hurt anybody.
Cox disputed that, saying Meisinger moved to get into position to get a better swing.
“It wasn’t to put myself into a better position,” Meisinger said.
In closing arguments, Cox said it didn’t matter that Meisinger had no intention of harming Premo.
“Intent is transferred. Whoever came out first was going to get a bat,” Cox said. “For the defendant to claim self defense is a mockery of self defense. You wanted your pound of flesh.”
Ziskey countered, saying just because you’re in a situation you’re not supposed to be in doesn’t mean you give up your right to self defense.
“Was it reasonable for Travis Meisinger to believe he was in danger?” he asked. “Yes, it was.”
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