san diego
Man sentenced to one year in county jail for Hillcrest stabbing
Feb. 15 incident took place outside restaurant formerly known as Hamburger Mary’s
Published Thursday, 14-Dec-2006 in issue 990
A man was sentenced to one year in county jail Dec. 6 for stabbing a gay man in Hillcrest following a dispute about the victim’s boyfriend. The Feb. 15 incident took place outside the restaurant formerly known as Hamburger Mary’s, now Urban Mo’s.
Matthew James Witt, 30, also known as Matthew Morrissey, had been free on $15,000 bond, but was taken into custody after San Diego Superior Court Judge David Danielsen sentenced him for stabbing Danny Player, 29, in the stomach and hand. Witt pleaded guilty on Oct. 19 to assault with a deadly weapon.
Witt, a restaurant chef from La Mesa, was placed on three years probation and ordered to abstain from alcohol and not enter bars for three years. Danielsen fined Witt $859 and was ordered to pay $1,127 in probation supervision costs. He received credit for two days in jail.
The judge said he had considered Witt serving his sentence in a work furlough facility, but officials there determined he was ineligible because a knife was used in the crime. Witt has been given a tentative release date of June 20 if he earns good conduct credits while housed in the central downtown jail, according to the sheriff’s department.
The incident occurred after Witt talked to Player’s boyfriend, Dennis Yrkoski, and hugged him three times. Witt asked Yrkoski what time he got off work.
Player testified that he went over to Witt and said, “Respect my relationship, dude.”
According to Player, Witt responded: “Oh no, man. I’m straight. Chill out, girl.”
Both left the restaurant around 9:45 p.m. As Player passed Witt on the sidewalk, he was stabbed. Security guards from the restaurant held Witt for police. Player went to the hospital and had surgery, which restored his hand function.
Witt later claimed he was at Hamburger Mary’s to see if he could get his job back as a security guard, which he held two years ago. The probation report said Witt was fired after he punched the co-owner of Hamburger Mary’s.
Deputy District Attorney Danielle Hickman asked for the one-year term, saying “this case is fairly serious.” She cited Witt’s prior record that includes a misdemeanor battery conviction in 2001 for a bar fight in which he received nine days in jail. Witt got probation in 1996 for fighting in public. He has a juvenile record for attempted robbery and auto theft, according to his probation report.
“Your next case you’re going to prison,” the judge said. “You have to be thankful this individual wasn’t more seriously injured or killed.”
His attorney, Ron Rockwell, said Witt is remorseful and sought probation. Witt apologized to the court and to the victim, who wasn’t present. Danielsen banned Witt from any contact with the victim.
Seven people from the GLBT community who knew Witt wrote favorable letters to the judge, saying he was not anti-gay.
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