Felonious assault case hinges on victim’s credibility
YOUNGSTOWN — The trial of four men charged with felonious assault in the alleged Jan. 12 assault of another man in the bathroom of Double Bogeys Bar & Grill in Boardman could hinge on whether Mahoning County Common Pleas Court Judge R. Scott Krichbaum believes the testimony of a victim who says he was knocked unconscious in the assault.
The victim, of New Middletown, testified Monday that he knew one of the men on trial — Kyle C. Patterson, 27, of Boardman — prior to Jan. 12 because they had worked out at the same gym and lived not far from each other.
But in October of 2024, the victim and his sisters were in a downtown Youngstown restaurant / bar when he felt Patterson shove him in a crowd of people. They agreed to take the matter outside. But when a friend of the victim showed up, Patterson “ran back into the bar,” the victim said.
The victim was a high school and college football player who also has a master’s degree, the victim testified.
The victim said he was with a group of people who went to Double Bogeys about 12:30 a.m. Jan. 12. He saw Patterson when he first walked into Double Bogeys, but did not know the three other men on trial. A couple of the victim’s friends spoke to Patterson at Double Bogeys. “There was no animosity,” the victim said.
At about 2 a.m., the victim headed toward restrooms in the back of the business, stopped and spoke with a woman friend. Under questioning by Assistant Mahoning County Prosecutor Steve Maszckak, the victim said he did not see Patterson and co-defendant Tyler M. Dogoda, 31, of Boardman, walk past him toward the restroom.
Eventually, the victim went into the restroom and saw Patterson, who he said gave him “a menacing look.”
Eventually, Patterson walked past him from behind toward the exit. Then the victim noticed there were three other men besides Patterson near the exit, “completely blocking” the exit, the victim testified. Patterson was in front of the three others, including Dogoda, the victim said.
The two others are Luke A. Collins, 22, of Campbell, and Caleb I. Gearhart, 27, of Austintown, who are also on trial. The defendants agreed to be tried without a jury. Only Krichbaum will decide their guilt or innocence.
The victim said he was “getting scared” as he approached the four men at the door. He said he walked up to them, but nobody would step out of the way, blocking him. “Kyle used two hands and shoved me,” the victim said. He approached them again, and again Patterson pushed him back.
Patterson came toward him, and they started to fight. He said he was wrestling with Patterson when Dogoda struck him on the side of his face, and “the lights went out,” meaning he lost consciousness, he said.
He woke up, not sure what happened, but he was alone. “These guys could have killed me. They left me there,” he said.
He left the bathroom to find his friends but saw the same woman outside that he had spoken with earlier.
Even though two of the men from the restroom — Collins and Gearhart — were talking to the woman, he said he didn’t realize they were there, the victim testified. Video footage from inside the business shown during the trial showed those facts.
Under questioning by Maszckak, the victim said he did not seek out management or security at the business to tell them what happened. “I had suffered a severe head injury and wasn’t thinking clearly,” he said.
Dr. Matthew Gugliotti, the victim’s family doctor, testified that he diagnosed the victim with a “grade 3” concussion, which is the most severe type. He testified that a CT scan does not show concussions. But when someone loses consciousness, that is a factor used in grading concussions.
The victim described headaches and other side effects he suffered from the assault. He missed five weeks of work, he said.
CROSS-EXAMINATION
Under cross-examination by Attorney Frank Cassese, who represents Patterson, the victim acknowledged that when the victim gave a statement to police about the downtown Youngstown encounter with Patterson, the victim said the incident was “not physical.” The victim said he was referring to the part that happened outside the business and was “clear” with police regarding Patterson pushing him inside the business.
Cassese asked the victim about the statement he gave Boardman police about the Double Bogeys incident. “In fact, you said you were shoved twice and that is all you remember. Isn’t that correct?” Cassese asked.
“That was correct at the time,” the victim said. He said “very shortly after the incident,” the victim regained more of his memory and remembered being punched. He did not revise his statement to police but he “told Detective Flara, and I told the prosecutor’s office,” the victim said.
When the victim was cross-examined by Tom Zena, who represents Dogoda, the victim agreed that he told detectives that Dogoda struck the victim three times. Zena said when the victim testified the first time, he said he was struck by only Patterson at Double Bogeys and asked how long afterwards the victim changed his story and said Dogoda was the one who assaulted him.
“I don’t know when, but I remember when I saw the social media post, I recognized him (Dogoda), like I said … everything slowly began coming back to me,” he said. He agreed that part of his first statement to police was incorrect.
Zena said to the victim, “You are obviously a very intelligent young man. You realize that in the course of a very short period of time, you stated that my client (A) didn’t do anything, (B) hit you three times. And now it’s one time.”
The trial resumes Wednesday because the court is closed today for Veterans Day.
If the four defendants are convicted, each could get about eight years in prison.

