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Source: Richmond Times-Dispatch, Va.迷你倉Nov. 08--Russell Roy "Rusty" Mack was screaming drunk and daring a confrontation over his cellphone with a man who had been seeing Mack's estranged wife before the shouting match turned physical later that night.About 10 p.m. Feb. 11, the parking lot in front of Mack's Colonial Heights apartment became a small battleground, and Mack, bleeding from the mouth and nose and with the back of his skull fractured, ended up flat on his back and staring at the cold night sky. He died 17 days later at VCU Medical Center, his father testified Thursday.Mack's death, an eight-wom- an, four-man jury learned from a state medical examiner, came from complications of bleeding in his swollen brain.In the first of what could be four trials for people arrested in Mack's death, a Henrico County jury is being asked by prosecutors to find Jonathan Brice Guy, 20, guilty of first degree murder, felony murder, malicious wounding and mob participation charges in Mack's death.client is guilty of nothing more serious than assault and battery. He argued to Colonial Heights Circuit Judge Herbert C. Gill Jr. on Thursday that Guy and three other people, two of them females, who confronted Mack on Feb. 11 were engaged only in a series of acts of unrelated simpleDefense lawyer Steven B. Novey is arguing that his client is guilty of nothing more serious than assault and battery. He argued to Colonial Heights Circuit Judge Herbert C. Gill Jr. on Thursday that Guy and three other people, two of them females, who confronted Mack on Feb. 11 were engaged only in a series of acts of unrelated simple assaults that had no direct criminally liable relationship to Mack's death. In his drunken state, Mack fell backward after being kicked and struck his head on pavement, Novey said.Still awaiting trial are Ashley Kate Mack, 19, the victim's estranged wife and girlfriend of Guy; Francis Blaha III; and Margaret Blair Dacey, then 17, the girl who allegedly kicked Mack as he strugmini storageled to his feet, causing him to fall backward and hit his head against the pavement.In a courtroom full of relatives of the victim and the defendants, Gill said he'd rule early today on defense motions to set aside most of the charges against Guy, who came to Mack's apartment with the others after Mack had threatened him on the phone and challenged him to a fight.The case is being tried before a Henrico jury because of publicity about the case in the Colonial Heights area.None of the defendants fled the scene as police arrived, and Guy provided authorities with a written statement of what happened that was never seriously challenged by witnesses Thursday.Guy told authorities that he and Mack had wrestled and fallen to the ground, and witnesses said the two men swung at each other and missed. At one point, Mack's estranged wife pushed him and he fell to the ground, only to be kicked by Dacey as he struggled to regain his footing.A medical examiner said he found no serious injuries on Mack's body other than the fatal skull fracture, and he ruled the death a homicide because it resulted from the actions or inactions of another person.Testimony on Thursday indicated that Dacey kicked at Mack because at one point as he stumbled and fell to the ground, he splashed water on her.Prosecutors were blocked from presenting what may have been a key piece of evidence illustrating Guy's state of mind after the admitted struggle: a Twitter account posting made by Guy. Gill ruled that there was insufficient foundation to establish that the Twitter posting was genuine.The judge said he'll rule before the trial resumes today if sufficient evidence was presented by prosecutors to let all five charges against Guy go to the jury.It was not clear Thursday whether the defense will present any witnesses.Copyright: ___ (c)2013 the Richmond Times-Dispatch (Richmond, Va.) Visit the Richmond Times-Dispatch (Richmond, Va.) at .timesdispatch.com Distributed by MCT Information Services迷你倉