The Assault at McDonald's on September 23, 2011

(In the Documents Section see the McDonald’s videos and the eyewitness interview videos with the DC Police and deposition testimony videos)

On September 22, 2011, Jason Ward, Brian Giblin, and Justin Ruark met up at 7 P.M. at the Clarendon Grill in Arlington, Virginia to begin a routine night of barhopping. Receipts obtained in the civil lawsuit prove that Ward ordered 22 beers at the first stop. Ward drove his group to Washington D.C. He always drove. They continued drinking beer and mixed drinks at several spots until almost 2 A.M. They ended their night of drinking at the Camelot Showbar. Receipts prove that Ward and Giblin collectively spent $211.95 at the Camelot Showbar.

After leaving the Camelot Showbar the three men stopped at Ozio’s bar which was closed. The three men were regulars. They asked to get in to use the bathroom. Ozio’s let them in. Ozio’s staff observed the men were, as usual, intoxicated. They did not serve them. Shortly after admitting them, Ozio’s removed them from the club. Ozio’s staff were key to identifying the three men to the police. In police interviews Ozio’s staff described Ward as someone who could be “triggered,” “aggressive when he’s drinking” and that he “came to the club at 1:58 drunk with two guys.”

At approximately 2:20 A.M. they arrived at the McDonald’s restaurant on M Street. The security video shows they were aggressive among themselves and with other patrons. An eyewitness described Ward, Giblin and Ruark as “belligerent while waiting in line, and [they] were looking for a fight.” He told his friends “we gotta keep our eyes on these three guys.” Ruark stated he intervened at one point to breakup the wrestling and “jerking around” between Ward and Giblin “to get them to stop before things got out of hand or we were asked to leave.”

Patrick arrived by taxi at the restaurant at approximately 2:23 A.M. to meet fellow George Washington University student David Lindsey and Claire Jun. The security video shows the them calmly waiting off to the side for food (during the belligerent behavior of Ward and his friends) and then sitting together.

Later after sitting down Ward and Giblin continued their aggression from across the restaurant. They directed “trash talking” at Patrick. After the trash talking continued Patrick went to Ward’s table. Ruark stood up and joked with Patrick. Patrick laughed. He and Ruark talked calmly but the “trash talking” by Ward and Giblin continued. As he was leaving the restaurant Lindsey walked by Ward’s table. He made a disparaging remark about the men. He said “going home alone, guys…what are you gay?” This remark infuriated Giblin. He sprang to his feet, pushed past Patrick and pursued Lindsey to the front door. Ruark described this as the “point of no return.” Giblin put his hands on Lindsey, threatened him and would not let him leave. Giblin was going to beat up Lindsey. Ward followed Giblin to the front door. At Ward’s command Ruark followed. Giblin admitted he pushed Lindsey first. At the front door, Patrick got between Giblin and Lindsey. He was trying to protect Lindsey. Giblin was out of control.

The eyewitness stated that Giblin “was the most belligerent.” He said Giblin and Ward surrounded Patrick at the door. Ruark said he then “jumped in front of Giblin…and attempted to keep him inside the restaurant by physically restraining him, but was ultimately unsuccessful.” Giblin shook off Ruark. He rushed back towards Lindsey. Ruark said he could not restrain Giblin “without, I don’t know, throwing him on the ground or something absurd.” Ruark described exactly what Patrick was forced to do outside moments later to protect Lindsey from Giblin’s attack.

The eyewitness said that Ward and Giblin “pushed Patrick through the door of the restaurant. Patrick Casey was pushed out of the door back first.” The eyewitness “ran to the doorway” to “attempt to breakup the impending attack.” He observed Patrick and Giblin “grappling and yelling.” He said they “pushed apart and separated” and Giblin “stumbled over the sidewalk” and fell. He said Ward snuck up and then “sucker punched Patrick Casey while Patrick was looking at [Giblin].” Patrick fell backwards onto the sidewalk. He said Giblin and Ward “looked at Patrick Casey on the ground…then immediately sprinted up the street…”

In the civil lawsuit, Ruark testified that Ward drove past the restaurant on their way back to Virginia and that the police were already at the scene. He said no one suggested they stop. Contradictorily, Ward testified “No, there were not” police at the scene. When asked if they drove past the restaurant Giblin testified “No, sir.” The three men displayed consciousness of guilt by fleeing and then not stopping upon seeing the police. Ward and Giblin lied about the drive by. Their responses defy logic. No one of a group of three, that intentionally drove by to check things out, would not recall such a critical and incriminating moment as seeing the police at the scene of their attack. Ward, Giblin and Ruark chose to evade the police at the scene and afterwards - speaking with Ward’s lawyer prior to the police. Ward never talked with the police.

The Investigation by D.C. Law Enforcement

The DC Police provided us with virtually no information about the progress of the investigation between our arrival in DC on September 23 and our departure on September 30. At home on September 30 we were blindsided and shocked when a TV reporter called us around 4 P.M. as we were returning home from the funeral home. He said that a DC Police Captain had just held a press conference and blamed Patrick for starting the altercation. We thought the police were working for us. Shortly after we arrived home Captain Michael Farish, in a malicious phone call (which we now know what absolutely baseless), told us that Patrick was the aggressor, he blocked the door and would not let anyone leave, he threw the first punch and the three men fled because they were afraid for their own safety.

The press conference was a violation of grand jury secrecy, the Victims’ Rights Law, the DC Police Standard Operating Procedures for Homicide Investigations and just about every regulation, and common sense, regarding public statements during criminal investigations.

The press conference virtually ended the investigation. Based upon false information proffered by Ward’s lawyer on September 29, 2011 to Kevin Flynn, USAO DC Deputy Chief Homicide Section, the USAO DC rushed to judgment and, inexplicably, labelled Patrick as the offender.

We were forced to do what no parents should ever have to do; conduct their own investigation into their child’s death.

With the assistance of a former federal prosecutor we conducted our own more thorough investigation. We obtained all the DC Police files and DC Police Standard Operating Procedures for Homicide Investigations through the Freedom of Information Act. Our investigation included frame by frame analysis of surveillance video in conjunction with witness testimony and crime scene photos. We, not the investigators, prepared the first incident reconstruction. Ward, Giblin and Ruark were deposed in civil suits that have been settled. Their testimony under oath in the civil suits proves that they lied by word and by omission with impunity during the criminal investigation.

Ward was identified the same day to the police by employees of Ozio’s Bar. They entered Ozio’s at approximately 2 A.M after leaving the Camelot Showbar. In the police files the Ozio employees’ described Ward as “aggressive when he’s drinking,” “you can trigger him, this was “not his [Ward’s] first drunken scuffle,” ”the tall one [Giblin] was somewhat drunk and out of control” and the trio as “always drunk.” This damaging, undisputable background of Ward and his friends was kept secret during the investigation. We discovered these witness accounts of Ward’s background in the police files obtained by FOIA.

In the civil case depositions we learned that Ward, Giblin and Ruark had all been involved in drunken brawls in DC prior to Ward’s attack at the McDonald’s restaurant. Just seven months earlier in February 2011 Ward, Giblin and Matthew Leybold were involved in a drunken brawl at the bar Rumors. We learned this damaging, undisputable background of Ward, Giblin and Ruark when they were deposed and competently questioned in the civil lawsuit. Incredibly the 2011 investigators never asked any of the men about involvement in previous drunken brawls despite statements about Ward’s violent tendencies made by employees of Ozio’s.

The DC Police called Ward on Saturday the day after he attacked Patrick. Ward testified “They wanted me to come in for questioning.” He said “I’m going to retain counsel, and then I’ll get back to you.” He testified “They didn’t give me a demand or anything, they just said, ‘Come in whenever you can.’” While Patrick was in a coma the investigators were coddling Ward.

We also discovered that Ward was training in mixed martial arts - Krav Maga - for well over a year prior to attacking Patrick. Again, investigators in 2011 were clueless. In the civil deposition, Ward absurdly claimed he was training in Krav Maga “lite.”

The DC Police tried to interview Ward on September 28, 2011. He declined the interview through his lawyer. On September 29 Ward was subpoenaed to testify to the grand jury. Again, he declined and his testimony was delayed until September 30. On September 29 rather than meet with the police or testify to the grand jury Ward’s lawyer, Michael Rothman, called Kevin Flynn USAO-DC Deputy Chief Homicide Section directly. Flynn has confirmed that Rothman provided a “lengthy proffer.” The proffer was quickly conveyed by Chris Kavanaugh, Assistant Attorney, to the police detectives. The next day September 30 in the press conference Captain Farish released false information damaging to Patrick that was only attributable to the proffer the day before. Captain Farish did not release factual information, witness testimony and the security video, that was actually in the police files and exonerated Patrick. Essentially, this willful, unjustifiable blunder ended the investigation. Patrick was labeled the criminal.

Ward claimed that he acted in defense of Giblin, who was fleeing after Patrick’s friend Lindsey made a disparaging remark to the three men. Prosecutors took Ward’s and Giblin’s testimonies at face value, even though they were clearly self-serving and contrary to other evidence. Video evidence and witness testimonies point to Giblin and Ward as the aggressors, not Patrick, yet prosecutors ultimately told police that Ward’s actions were “justifiable,” placing blame on Patrick for the altercation.

During the brief homicide investigation, Ward refused to cooperate with investigators and both he and Giblin gave falsified accounts of the event. The majority of Ward’s damning background of previous arrests, intoxicated driving, and pattern of impulsivity and involvement in drunken brawls was not discovered in the criminal investigation. In spite of these facts, prosecutors accepted Ward’s account and offered him a deal, anon-prosecution agreement, on October 10, 2011. The deal was signed October 14, 2011.

While the police issued an arrest warrant for Ward for Murder II, the prosecutors declined to execute the arrest warrant. Instead, they closed the case and prevented the police from obtaining and carefully examining all the evidence. They did not “leave no stone unturned” as they claimed.

We believe that Ward received preferential treatment throughout the entire investigation, which was at odds with the best interests of public safety and the police’s investigative responsibilities. The prosecutors’ handling of this case lacked transparency and accountability at every level. By claiming that Ward’s actions were justifiable, the prosecutors allowed the police to close the case and classify it as solved for their statistical reporting.

Our own investigation, including FOIA requests, discovered more evidence that disproved Giblin and Ward’s initial assertions of self defense. An independent witness and third year law student at the time, observed the entire physical altercation. He saw Patrick intervening to protect Lindsey from Giblin, whom he described as the “most belligerent.” He said that while Patrick and Giblin were yelling and grabbing each other as they exited the restaurant, they quickly separated and did not look like they were going to fight. Patrick was several feet away from Giblin and had his back to Ward. Podlone’s statements show that Ward’s attack was purposefully malicious, not in defense of Giblin. As a result of our continuing investigations, the prosecutors retracted their “justifiable” conclusion in December 2016. The investigation was then reopened and placed in active status as an unsolved crime.

Ward had no remorse he continued

In the civil lawsuit Ward was asked if he had been in other fights. He asked if we wanted him to describe them starting from the most recent or from the oldest. Ward described two fights prior to McDonald’s: one at Rumors Bar in February 2011 (with his friends Giblin and Leybold) and an earlier altercation with “Marines” at DuPont Circle (with his friends Ruark, Mitch Rieg and Leybold). Then he described the most recent fight that happened at the Rocket Bar in December 2014.

Ward was arrested in December 2014. While at his office (Spectrum) Christmas party with his boss Kevin Kelly and more than two dozen coworkers. Ward got into an alteration with one of his coworkers slamming him into a wall. (Note: In his deposition when asked if he was in an altercation with a coworker or another patron, Ward lied and said it was another patron. DC Superior Court documents confirm it was a coworker.) Security guards intervened. The security guards took steps to calm down Ward’s group. The security guards were escorting Ward, Kelly and other coworkers from the establishment when Ward “just turned around and punched him (a security guard) in the face.”

Ward fled the scene. He was quickly identified and arrested for assault and destruction of property. Ward pled guilty and received a Deferred Prosecution Agreement. He got a slap on the wrist - community service.

The failure of the USAO DC to conduct a thorough investigation and prosecute Ward for Patrick’s murder foisted a violent criminal on the DC public.

The USAO DC Jessie Liu

The Complaint to the OIG