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Published: Monday, 4/21/2014

Toledo man charged with shooting man during 2011 home invasion found guilty

BLADE STAFF

A Toledo man charged with shooting a man during a home invasion in 2011 was found guilty today by Lucas County Common Pleas Judge Myron Duhart.

Xzavier Matthews, 22, of 711 Pearl St., was convicted of aggravated burglary, felonious assault, aggravated robbery, and grand theft of a motor vehicle for the Aug. 28, 2011 incident at the Colorado Street home of Frank and Jackie Gascal.

Judge Duhart acquitted Matthews on a charge of attempted murder from the same incident, saying he did not think Matthews purposefully intended to try to kill Gascal. The judge did find him guilty of a separate burglary charge for an unrelated incident Aug. 8, 2011.

Mrs. Gascal took the stand during a three-day bench trial earlier this month before Judge Duhart, testifying that she was “100 percent” sure that Matthews was the intruder she found in her home that night and who shot her husband during a struggle in a bedroom. She said the intruder took her cell phone, TV, and other items and stole their car.

Gascal, who was shot in the corner of the eye, said it was dark when he confronted the burglar, and he never saw his assailant’s face.

Matthews is to be sentenced May 28.



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