Meisinger assault trial begins

Rick Setchell
Journal staff writer

PLATTSMOUTH - The assault trial of Travis Meisinger began after nearly a year of delays. Meisinger is accused of striking Anthony Premo with a bat critically injuring him Sept. 9 of 2007.

After about three hours, the jury was empanelled and sworn in by District Clerk Della Sullivan. The trial began at about 2:15 in the afternoon. Cass County District Judge Randall Rehmeier gave the jury some preliminary instructions.

"It is your duty to determine what the facts are," Rehmeier said.

Before opening arguments began, Meisinger's defense attorney, Michael Ziskey asked for an order of sequestration. This order would have witnesses waiting to testify remain outside the courtroom until they were required. Cass County Attorney Nathan Cox had no objection and the motion was granted.

In his opening statement, Cox described the events of the evening of Sept. 8 and the early morning of Sept. 9. He said a group of young people from the Weeping Water area had gathered when one of their friends began receiving calls from her ex-boyfriend. Justin Johnson was repeatedly calling the girl and Joshua Hauschild took exception to the tone of the conversation. Hauschild issued a challenge to Johnson and he, Meisinger, Anthony Houchin and several others jumped in a car and headed to Plattsmouth. Upon arrival at the Premo residence, they were jumped by a number of young people with weapons. After escaping, they return to the car.

They grabbed bats from the trunk of a car belonging to Meisinger and return. After more words were exchanged between the three men on the porch an d those inside, Premo comes out the front door and is struck with a bat by Anthony Houchin breaking his arm. Meisinger then strikes Premo in the head.

"He goes down like a ton of bricks," Cox said. "The critical event is when the parties are first separated. It's over. Instead, they grab bats to get their piece of justice."

Ziskey said this was a situation where something is expected but something totally unexpected occurs. He said Meisinger had no intentions of getting into a fight, that he just wanted to talk, "free of anger."

"He saw people emerge with bats and clubs," Ziskey said. "He runs, he trips, he falls and takes blows to his head and back before he can run."

Ziskey said he went back to Premo's porch for "an explanation," and brought a bat for protection. He added that going to the house and returning to the porch was a mistake but not, "intentional assault."

Cox called Plattsmouth Police officer Jeremy Shook. Shook was the first officer to respond and described a scene of chaos. He spotted Meisinger running on the street and made contact with him. Meisinger was gasping for breath and having trouble responding. Officer Andrew Kennan arrived and tended to Meisinger while Shook went to the Premo residence. He said he saw a gang of people shouting and cursing and attempted to gain control of the situation. He went inside the house and saw blood on the porch, screen door and on the floor. He found Anthony Premo, who he had known previously.

"I didn't even recognize him," Shook testified. He contacted Plattsmouth Rescue to the scene.

On cross-examination, Ziskey asked if he had to restrain anyone. Shook said Premo's son, Sky tried running to the area where Meisinger was standing. He had to tackle Sky and get him under control. He said that Premo's wife, Tracey was very upset.

Kennan was called to the stand and testified that Meisinger told him he'd been attacked and was in pain. He notified Plattsmouth Rescue who came and evaluated Meisinger's condition. He interviewed Meisinger who said he knew he hit someone in the head but didn't know who it was.

Joshua Hauschild was called to the stand. When Cox asked him to describe what happened on Sept. 9, Hauschild invoked his fifth amendment rights. Attorney Christopher Perrone said he represented Hauschild and asked for a motion in writing granting his client immunity from the testimony he was giving. Cox offered no objection and Rehmeier granted it.

Hauschild said he and his brother, Dustin had been drinking beer. Hauschild also said he had been smoking marijuana. He and several others gathered and continued drinking. He testified that Meisinger didn't join them until about two hours later. He said his friend (who is still a minor) began receiving calls from her ex-boyfriend, Justin Johnson. He continued calling even when she stopped answering the phone. Hauschild said he answered the phone and began arguing with Johnson. A challenge was issued and they jumped into Meisinger's car and drove to Plattsmouth. Along the way, Hauschild said he learned that Johnson was a minor and did not want to fight him. Upon arrival, Hauschild, Meisinger and Anthony Houchin got out of the car and approached the Premo house. They saw Johnson by the side of the house beckoning them on. As they got closer, the three Weeping Water boys were attacked.

"They all had weapons," Hauschild testified. "They had bats and golf clubs. There were 15 or 20 of them." Hauschild said he escaped but Houchin and Meisinger were hit repeatedly. Hauschild got to the car where his brother drove them off but they quickly came back to find Houchin and Meisinger. Cox asked if they ever considered not returning to the Premo residence.

"Well, we'd just been beaten with bats," Hauschild said.

When they all got together, Meisinger popped the trunk of the car, and said, "Let's go." He grabbed to bats, handing one to Hauschild. As they went to the  porch, Houchin grabbed the bat from Hauschild. They stood on the porch challenging the people inside the house to come out. As the door opened, Premo came out. Hauschild said he had his right arm raised and his hand was in a fist. Houchin struck his arm with a bat. Houchin ran from the porch but said he heard a thud.

Ziskey asked if Meisinger was able to see who was on the other side of the picture window door.

"No," Hauschild said. "I only know what I saw."

Court adjourned and will resume at 9 a.m. Wednesday morning.