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Pair pleads not guilty in Plaza Tavern murder

Jessica VanEgeren  —  9/16/2008 6:21 pm

In an eyewitness testimony that at times became animated, Yarnell Fuller took the stand at a joint preliminary trial Tuesday and detailed his version of the events that evolved the night of Sept. 3 when his friend, Juan Bernal, was killed outside the Plaza Tavern in downtown Madison.

Justin Stout, 31, of Madison, pleaded not guilty to a first-degree reckless homicide charge, and Travis Knapp, 34, also of Madison, pleaded not guilty on charges of aiding a felon and felony bail jumping.

According to Fuller, he saw Bernal, 22, of Madison, put Stout in a headlock and punch him several times in the face, while another friend exchanged punches with Knapp. These dueling fights lasted a matter of seconds and ended when Bernal let go of Stout.

Fuller said Bernal walked out to the middle of Henry Street, where Plaza Tavern is located, and yelled to his friends that Stout had a knife. Shortly after, Stout -- who had grabbed Knapp and pulled him to the opposite side of the street from the Plaza Tavern -- held Knapp against him "like a shield," waving a black-handled knife in front of his face.

One of Bernal's friends then yelled out that Bernal had been stabbed. Fuller testified he did not see Stout stab Bernal. He also said he did not see anyone but Stout fighting with Bernal.

"As soon as he (one of Bernal's friends) said 'he's stabbed,' we were after them," Fuller said. "That's why the glass got thrown at his (Stout's) head," referring to when Fuller's brother, Roynell, hit Stout with a glass to stop him. The glass shattered and cut Stout, but he kept running.

Fuller stopped chasing Knapp briefly to go back and check on Bernal. At that time, Fuller said Bernal's eyes were "rolled back in his head."

Fuller then rejoined the hunt for Knapp and Stout. He said he happened upon Knapp by accident and proceeded to throw him down on the ground, punch him a few times, then keep him on the ground by putting his foot on his back until the police arrived.

Madison Police Officer Kristen DeVitt testified that she spoke with Knapp for roughly 45 minutes once she and other officers arrived at the scene. She described Knapp as cooperative and smelling of alcohol with bloodshot, glossy eyes and slurred speech.

"He couldn't remember where the knife was because he was too drunk," DeVitt said. That night, she and another officer retraced possible routes Knapp could have taken from the time he left the Plaza until he was tackled by Bernal's friends. The knife has yet to be found. When asked, DeVitt said that although bar patrons and other witnesses were interviewed, no one else was asked if they saw the knife or knew where it was.

Knapp's cooperation with the police helped them find Stout at his apartment on Gilman Street.

While testimony Tuesday did not touch on why the fights broke out in front of the bar, prosecutors and witnesses have stated the selection of rap music on the jukebox sparked a verbal exchange during which time racial epithets also were used.

Bernal underwent surgery but died shortly after 8 the morning of Sept. 4. Dr. Robert Corliss, who performed the autopsy on Bernal, confirmed that Bernal died from multiple stab wounds.

Jessica VanEgeren  —  9/16/2008 6:21 pm