Matthew Hibbard takes the stand

Matthew Hibbard takes the stand
BENTON COUNTY, Wash. -- It's all coming down to the video. The defense attorney for a Kennewick club bouncer believes slow-motion surveillance will clear his client.

More videotape from that fateful night at Jack Didley's in downtown Kennewick.

The defense believes these pictures will prove Matthew Hibbard was justified in protecting the business and its customers when he tossed Ben Ensign from the bar.

The tape moves in slow motion taking still photos so it's not a continuous video roll. It's what Hibbard saw on monitors from the manager's office.

Ensign is seen knocking over chairs. He makes his way to some stairs and swings on the guardrail.

Down the stairs, he knocks more chairs over, then makes some kind of gesture. It's not clear if he's dancing or not.
Later, on the lower level of the club, Ensign pulls off his shirt and walks up to a woman.

Hibbard decided he'd seen enough. He made the decision to remove Ensign from the club. He was escorted to the door.

We're told the drunken Ensign came bursting back through the doors and had to be removed again. That was the video you saw Tuesday.
Hibbard brought Ensign outside.

The prosecutor says he was "thrust" headfirst onto the sidewalk causing major brain damage.

Hibbard was at the head, Ray Anderson was holding Ensign's feet at the time.

Defense attorney John Jensen asked Anderson, "During this incident did you see or feel Matt throw Mr. Ensign to the ground in any manner?"

Anderson replied, "No, I was surprised that he'd even let go of him."

Hibbard has maintained the drop onto the sidewalk was a matter of self-defense when Ensign began throwing punches.

Jensen asked his client, "Could you have laid him down in front of you?"

Hibbard replied, "I could have."

Jensen continued, "Why didn't you take that option?"

Hibbard said, "By bending him over and laying him down that would open my face up to a better chance of him attacking."

During his cross-examination Prosecutor Andy Miller used the outside video footage, trying to get Hibbard to admit if Ensign was actually a threat.

Hibbard believed he was.

Self-defense or a brutal assault? A jury could get the case Thursday.

If convicted of third degree assault with aggravating circumstances Hibbard faces up to five-years in prison.

Many have asked about Ben Ensign's current condition after spending weeks in a coma. His mother says it's not good.

She tells KEPR Ensign is having seizures and will most-likely live in an assisted living facility for the rest of his life.