Alcohol use, jealousy and perhaps a misunderstanding may all be factors in the case involving a straight man stabbing a gay man outside Hamburger Mary’s after the victim told the defendant to respect his relationship and leave his boyfriend alone.

Matthew James Witt, 29, who is also known as Matthew Morrissey, was ordered May 25 to stand trial for assault with a deadly weapon and committing battery with serious injury upon Danny Player, 28. Player was stabbed in the torso and hand on Feb. 15 around 9:45 p.m. outside the popular Hillcrest restaurant on University Avenue.

San Diego Superior Court Judge John Thompson dismissed a charge of mayhem involving the hand injury after the preliminary hearing concluded. The judge heard testimony that Player might have suffered 100-percent loss of function in his hand, but surgery repaired torn nerves, muscles and tendons. Witt’s attorney, Greg Turner, argued that the mayhem charge alleged permanent loss of Player’s hand, which didn’t happen because of successful surgery. Deputy District Attorney Jessica Matulis-Lees argued mayhem did occur even if the surgery was successful, but the judge dismissed that charge on insufficient evidence grounds.

Thompson set a trial date for July 25 after Witt pleaded not guilty to all charges, and allowed him to remain free on $15,000 bond on the condition he have no contact with the victim and his boyfriend.

Player testified he was at Hamburger Mary’s where his boyfriend, Dennis Yrkoski, worked on Feb. 15. He identified Witt as the man who stabbed him later that night. Player said he saw Witt hug Yrkoski three times, and afterward Yrkoski told him that Witt asked Yrkoski what time he got off work that night.

Player said Yrkoski’s shift ended at 1:00 a.m. and at that hour there was “nothing left to do other than things [Witt] shouldn’t be doing with my boyfriend.”

Player said he approached Witt and said: “Dennis and I are in a relationship. Respect my relationship, dude.”

Player quoted Witt as saying: “Oh, no, man, I’m straight. Chill out, girl.”

“He said I was blowing things out of proportion,” Player testified. “I told him if he was so straight, why would he ask my boyfriend for a date in a gay bar? He brushed me off. He said he was straight. He liked girls.”

Player said Witt referred to a shirt he was wearing that said “Pussy Monster” on it, which Player said was “an unusual shirt” to wear to Hamburger Mary’s.

Witt came to the restaurant with his girlfriend, and his mother later showed up, according to testimony.

Yrkoski testified Witt worked for Hamburger Mary’s three years ago, and he remembered Witt as being straight. Yrkoski told the judge he served Witt and his girlfriend two alcoholic drinks each and served a third drink to Witt and his mother.

“He asked me what time I was getting off work. I stated I was going [to be working] very late, 1:00 to 1:30 a.m.,” said Yrkoski. “I wondered to myself why [he asked]. I thought it was a very strange question coming from someone who was straight. I felt the question was odd.”

Player testified he does not drink alcohol. He said he left the restaurant and walked by Witt, who said something to him. “I think he cursed at me,” Player said. “I [told] him to mind his own business. Next thing I know I was bleeding. I heard a click. He charged at me. My hand got cut. I felt a burning in my side.

“I tried to grab the knife,” Player continued. “That’s why I got cut in my right hand. I kicked him in the chest to get him off me. It happened so fast. I punched [Witt] in the back and side, and that’s when the security came. I was defending myself.”

The security official seized a Swiss Army knife at the scene.

Yrkoski said he went outside and “saw security holding Matthew on the ground.”

On cross examination, Player said he was a “slightly” jealous person.

About his comments to Witt, Turner asked him, “You were going to tell him, ‘This is your man, back off.”

Player said yes.

Yrkoski testified on cross examination that Player can be “very possessive and protective.” He recalled that Player came to his aid when “a drunk cowboy got touchy-feely” with him.

San Diego police detective Jeffrey Miller testified about what other witnesses told him of the incident. He said others identified Witt as the man with the knife.

Witt’s lawyer told the Gay & Lesbian Times there is “no motive or basis” for the charges against his client. Noting the dismissal of the mayhem count, Turner said, “You can see where this is going.”

If Witt is convicted, he faces a maximum five-year term in state prison.