Now
Fair
45°
High
58°
Low
34°
Full Forecast

Jobs

Cars

Homes

Rentals

Alerts

Subscribe
Home > News > Nebraska
Bookmark Us   •   Make Us Your Homepage

Man accused in bat attack found guilty

Comments 16 comment(s)  
E-mail Story E-mail Story
Print Story Print Story
Share  Share
Text Size: 
Tools Sponsor

BY RICK SETCHELL / Plattsmouth Journal

Friday, Aug 08, 2008 - 09:18:41 am CDT

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.

Story Photo
Tony Premo
Related stories

“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.”


$1 Sunday Delivery - Subscribe Today!
Nebraska > Back to Top of Story

Post Your Comment

Standards and Rules
All posts to JournalStar.com are subject to our Terms and Standards.
Your posted comment will appear after it has been approved.
Frequently asked questions about story commenting.
(optional)
   
Hide Comments Hide Comments   Newest First Newest First  
Teach wrote on August 7, 2008 8:30 pm:
" Okay - so someone runs from a "dangerous" situation that they were scared of and come back with baseball bats to a property that isn't theirs - and they say it was self-defense???

This jury let the victim down. For shame! "

 Charlie wrote on August 7, 2008 9:16 pm:
" As a person who grew up in Weeping Water, I am ashamed of what these "hoodlums" from my hometown did. Meisinger, Houchin, and Hauschild got off easy in my opinion. They deserve a lot worse. Maybe the civil suit will make them pay for what they did. "

 How on Earth wrote on August 7, 2008 10:00 pm:
" Did the jury convict someone that seriously injured of misdemeanor assault? This was clearly a felony and self-defense would have entirely justified the attack - not reduce it to a misdemeanor. Something went horribly wrong. I feel for this family. "

 laura wrote on August 7, 2008 10:45 pm:
" This is an abomination on the legal system. This happens with jury trials, 12 people off the bus. I am horrified that was all he got. What on earth were they thinking? "

 My opinion wrote on August 7, 2008 10:54 pm:
" I think it's sad how horrible our system is. What a slap on the wrist! "

 mTm wrote on August 7, 2008 11:22 pm:
" Self Defense at the victims front door??????????? Disgraceful and obviously ignorant jurors. "

 kelso wrote on August 8, 2008 12:30 am:
" So why, if he was afraid for his life, didn't he just leave? What a crock. "

 Ignorance wrote on August 8, 2008 7:15 am:
" Once again we have all of these comments about the verdict from people who WERE NOT THERE TO HEAR THE CASE. These oh so wise commentators are so shocked to hear the decision of the jury, even though all they know about it is the bits they read in the newspaper or heard on the TV/radio. For those of you who want to have a justice system where people are tried through the media and by speculation and conjecture, I suggest you move to Iran; thats how it is done there. "

 Help me wrote on August 8, 2008 8:21 am:
" I guess I'm missing something, so please explain this to me........they're upset because....why? It says the jury convicted him of assault, but the article doesn't say (or I'm missing it, like I said) if that was the lesser possibility? And then to echo what one poster said, you weren't in that courtroom on that jury, so your comments about our broken justice system just fly right over my head. "

 Rational wrote on August 8, 2008 8:32 am:
" Real Ignorance is thinking that after someone escapes a dangerous situation and then willfully returns with a weapon that you could still call it self defense. If someone left at the residence was still in jeopardy or someone who escaped had been injured, the police should have been called. I'm sure there are details that are unknown to the public, but the main facts that are known negate any of those details. Oh, by the way, because we live in America we have the right to question our judiciary system and keep it honest. "

 Keep in Mind wrote on August 8, 2008 8:38 am:
" They got off easy for any hard time, but the civil case will come down hard on Meisinger. I bet Premo's medical bills are well over $1,000,000 since it's been a year and he's still recovering. I mean if you spend 2 weeks in a hospital, that could run you around $300,000. They'll be garnishing his wages for the rest of his life. "

 Incompetent Prosecution wrote on August 8, 2008 8:49 am:
" Incompetent prosecution. This is what you get when someone used to prosecuting speeding tickets and DUIs gets handed a real crime, they just fumble the ball. This is how vigilante action sometimes start; the victims, their family, and their friends give the system a chance to deliver justice. The courts fail and just deliver a wrist-slap.Then the aggrieved step in and do what they think the system failed to do. Even the most minimal felony conviction would have been acceptable, but the system failed. "

 IMV wrote on August 8, 2008 9:00 am:
" I as a parent would have gone out to hault the disturbance. Mr. Premo did not deserve the beating. To all parents who read this, "don't say that kids will be kids", they need to be taught that they can back away from bad situations, rather then intensifying the matter. Can't understand, if they feared for themselves, why did they return to the house, should have got in their car and headed back to Weeping Water. What a travisty! "Civil Court", give Mr.Premo some justice! "

 Bob wrote on August 8, 2008 9:26 am:
" This is ridiculous. This guy's life will never be the same. He was attacked on his own porch as he opened the door. I can't even believe what I am reading. "

 Helping Help me wrote on August 8, 2008 10:50 am:
" When someone hits someone else in the face with a baseball bat and puts them in the hospital near death for a month, it's generally not a misdemeanor.
The article doesn’t say this, but the prosecution was seeking felony charges that could have put Meisinger in jail for up to 20 years. With the misdemeanor charge he’ll face up to 1 year in jail. "

 LeAnne wrote on August 8, 2008 11:32 am:
" You must not live in Cass Co. if you think the County Attorney's Office only prosecutes DUI cases and speeding tickets. That is pure ignorance. "

Ads by Yahoo!