Suspect charged in headlock death

Matthew Wayne Patterson was arraigned Thursday in Bedford County Circuit Court on charges of reckless homicide in the death of a Flat Creek man last year.
(T-G Photo by Brian Mosely)

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Meanwhile, his defense attorney has stated that "interesting things" have been discovered in the case.

Matthew Wayne Patterson made his first appearance Thursday in Bedford County Circuit Court before Judge Lee Russell for his arraignment and to have his disposition date set.

Patterson was indicted last month by the Bedford County grand jury on a single count of reckless homicide in connection with the death of 39-year-old Anthony Kent "Rooster" Marlin of Flat Creek in August 2009.

John Norton, Patterson's attorney, asked Russell for a period of two months to work on the case, which was granted.

Norton told the T-G that all of their discovery motions were filed on Wednesday and said "we have some interesting things that have been uncovered."

Patterson's attorney said he did not want to go into detail over what they had discovered, but explained that Patterson had consulted with him the day after Marlin's death.

Norton said that at the time, he had determined there was no criminal conduct involved in the death.

"Therefore, we closed our file, and we were quite shocked when he was indicted by direct presentment," Norton said.

Norton said since the case has opened back up, his office has resumed their investigation.

According to Det. Sgt. Scott Jones of the Bedford County Sheriff's Department, Marlin's death took place at a party last Aug. 25 at the residence of Phillip Powell on Dunnaway Road.

Jones said that quite a few people attended the gathering and as the night went on, people began to leave, but some stayed into the early morning hours of the 26th, including Marlin, who the detective described as "messing around all night ... just having a good time, drinking and carrying on."

However, Jones said that Marlin and the others at the party apparently had too much to drink, and "one thing led to another."

The detective said that Marlin was in the back yard "dancing around" and according to witnesses at the scene, Marlin fell down and Patterson allegedly jumped on top of him and put Marlin in a headlock -- staying on him for 10 to 15 seconds.

"At that point, they (the witnesses) thought they were just playing, but then they realized he's (Marlin) not breathing," Jones explained.

The partygoers took Marlin to the patio of the home and dialed 911, with emergency medical personnel starting CPR on arrival, but Marlin was later pronounced dead at Heritage Medical Center.

Sheriff's officials ordered an autopsy and after a wait of several months, medical examiner Dr. Bridget Evtenier ruled the death a homicide, with the cause attributed to "blunt force trauma to the head and neck."

Following this medical determination, Jones, Det. Sgt. Brian Farris and assistant district attorney Mike Randles visited Dr. Evtenier and went over the case with her in detail to learn exactly how Marlin died.

After that meeting, the case was directly presented to the Bedford County grand jury last Monday.

Patterson turned himself in to authorities last Thursday and was freed on $25,000 bond.