Words sparked fatal bar brawl

Suspect on trial for manslaughter in nightclub case

Friday, April 3, 2009

A prosecution witness in the trial of a man charged with manslaughter testified this week that the defendant's alleged assault on the victim happened after the two exchanged words in a Waldorf parking lot.

Brian A. Hickman, 28, of Mechanicsville is accused of punching Joshua Matthew Gregor several times Oct. 25. After being hit, Gregor, 25, of La Plata fell and struck his head on the pavement, losing consciousness, court papers state. He died two days later.

Hickman's trial, which will be decided by Charles County Circuit Court Judge Steven G. Chappelle rather than by a jury, began on Wednesday.

Several witnesses for the state testified that Gregor was with a group of friends at Pure Restaurant and Lounge in Waldorf the night of the incident. At about 2 a.m., Gregor and his friends left and started smoking and talking outside the bar, according to court testimony.

Several members of the group took the stand during the first two days of the trial, including Gregor's twin brother, Jeremy Gregor, and his friends, David Eichelberger and Steven Smalling. All three testified that nothing notable happened inside the bar and that they didn't see Hickman until they went outside. They also all said that they had been drinking that night.

As Joshua Gregor and his friends were talking at the bar's entrance, Justin E. Ferrall exited the building acting "like he was looking for a little trouble," Eichelberger testified. Ferrall, 30, of Hollywood walked into the group and began staring at them, Eichelberger said. Ferrall walked off, but later returned and stood in front of Joshua Gregor, staring at him, according to court testimony.

"Josh said, ‘Why are you staring at me? What's your problem?'" testified Eichelberger.

Ferrall then punched Joshua Gregor in the face, two or three times according to Eichelberger, and three times according to Jeremy Gregor.

After the assault, Hickman pulled Ferrall off of Joshua Gregor, Jeremy Gregor testified. Eichelberger said that Ferrall simply ran away and said he didn't remember seeing Hickman intervene.

Jeremy Gregor said he and Ferrall started "saying stuff back and forth," but someone broke apart the dispute. He told the judge that he started talking with friends again in front of the bar and didn't notice when Joshua Gregor headed into the parking lot.

However, Eichelberger said that he, Jeremy Gregor and another friend followed Ferrall into the parking lot after the assault, but separated from the other two when he saw Joshua Gregor walking alone. Smalling also said he saw Joshua Gregor "wandering off" into the parking lot.

Hickman met Joshua Gregor in the parking lot, and Eichelberger said he was a few feet away as they began to speak.

Eichelberger said he couldn't remember exactly what Hickman and Joshua Gregor said to each other but testified that they were "talking trash." He said that Hickman initiated the conversation.

Then, Hickman hit Joshua Gregor twice in the face, once with the right first and once with the left, according to Eichelberger's testimony. Joshua Gregor fell to the ground and hit his head, said Eichelberger, who testified that Hickman ran away.

"Last time I saw him, he was on the ground," Jeremy Gregor said.

When police arrived at the scene, Joshua Gregor was lying unconscious on the ground, but he was still breathing, testified Sgt. Stuart Myers of the Charles County Sheriff's Office. Joshua Gregor was transported to Prince George's Hospital Center, where he died Oct. 27.

On March 6, Ferrall entered an Alford plea to second-degree assault, meaning he didn't admit guilt but recognized that the state's evidence could lead to his conviction in a trial. He was sentenced to three years of probation, with no time in jail.

brodgers@somdnews.com