Question of who started fight key to trial

The first question asked after any fight became the center of today's testimony in the wrongful death trial involving the 2005 strangulation death of a 21-year-old man.

The question: Who started it?

Depends on who you ask.

Martin Robles-Taylor, the military veteran who choked Makowski to death during a fight outside a Land O' Lakes McDonald's, told jurors through a video deposition that Makowski started the scuffle by blindsiding him with a punch.

Former McDonald's employee Theresa Higgins, who also gave her testimony via video, said she saw Robles-Taylor push Makowski in the chest three or four times before Makowski took a swing at him.
What's certain is that Robles-Taylor eventually put Makowski into a choke hold and held him there for more than three minutes. Makowski, 21, died shortly after the fight, which happened at about 4:30 a.m. on April 24, 2005.

This week's trial stems from the wrongful death lawsuit Makowski's parents filed in 2006. The suit charges the McDonald's owner, Brickman Management Co., and B&B Cash Grocery Stores, the owner of the surrounding property, with negligence.

The Makowskis allege that the parking lots around the McDonald's at 2420 Land O' Lakes Blvd. had become a haven for crime, drinking, drag racing and bottle throwing but the management of both companies did nothing about it. They contend that the presence of a security guard might have prevented the fight that led to Makowski's death.

Attorneys for Brickman and B&B have argued that their clients had no reason to hire extra security because the violence that led to Makowski's death wasn't foreseeable. Representatives from both companies testified that they didn't see a need for late-night security around the McDonald's, which has a 24-hour drive-through.

Determining who started the fight could become important during jury deliberations because the jurors can apportion responsibility between the parties. Defendants Brickman and B&B can be held liable for Makowski's death but Makowski himself also will be listed on the verdict form and jurors may apportion some of the fault to him if they feel it's warranted.

Attorneys for B&B and Brickman also want to list Robles-Taylor on the verdict form, but Judge Susan Gardner has not ruled on that issue. Attorneys for Cathy and Wayne Makowski argue that Robles-Taylor shouldn't be listed.

The fight started while Robles-Taylor, then 25, and Makowski were in the drive-through lane of the McDonald's. Robles-Taylor was driving his silver SUV and was with his friend, Sam Wenzel, who was riding in the passenger seat. Makowski was a passenger in Richard Hoadley's truck, which had pulled in behind the SUV.

Robles-Taylor testified he approached the truck to ask Hoadley and Makowski to turn down their music. Hoadley testified Thursday that Makowski had leaned over and tapped the horn because the line was moving slow.

Either way, Robles-Taylor admitted he went up to the SUV window and began yelling and cursing. Robles-Taylor said he stopped his car to make sure his order was correct.

Hoadley testified that he collected their orders and was going to drive away when one of the two other men threw something that hit his truck. Hoadley said he parked the truck and got out to see what had hit the truck, but by then Wenzel was already at his door.

Higgins testified Robles-Taylor had walked over to the passenger side of the truck and Makowski then got out. That's when Robles-Taylor began pushing Makowski, she said, and what led to the eventual choke hold.

Robles-Taylor testified that he used the choke hold because he "just wanted to stop the fight."

When asked why he didn't just drive away, Robles-Taylor said he was afraid of being followed home by "crazies." Robles-Taylor also testified that he lied to police when they arrived. Instead of telling them there had been a fight, he told them only that Makowski, who by then was on the ground motionless, was drunk.