Colerain shooting victim's dad: Ruling is a joke

Posted at 4:03 PM, Nov 17, 2015
and last updated 2015-11-17 16:03:53-05

COLERAIN TOWNSHIP, Ohio – The father of a Colerain Township shooting victim said he is furious his son's accused attacker was found incompetent to stand trial Tuesday.

Matthew Hayden, 22, was indicted Monday on two counts of aggravated murder and one count of attempted aggravated murder. Police said he sprayed a van with bullets while his sisters – 16-year-old Sarah Hayden and 17-year-old Elizabeth Hayden – sat inside with their friend Joshua Hacker at about 2:30 a.m. on Oct. 21.

Matthew's sisters died in the attack. Joshua, 17, survived, but was left with his jaw wired shut and bullet wounds across his body.

After hearing the judge's decision Tuesday, Jaeson Hacker -- Joshua's father -- said "the justice system is a joke."

"How could he do what he did and not face what he has done? Wow," Jaeson said. "(He) can kill his two sisters and try and kill my son and get to live a life of people trying to help him get better while his two sisters will never even get to see their 18th birthday and my son almost didn't get to see his? Just unbelievable."

Elizabeth and Sarah Hayden

Matthew pleaded not guilty Tuesday. Judge Robert Winkler found him incompetent to stand trail and ordered he be sent to Summit Behavioral Healthcare for the purposes of restoration of competency.

If found competent, Matthew faces life in prison without the possibility of parole.

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During Matthew's court arraignment in October, Judge Josh Berkowitz said the 22-year-old "lit up" the family van with a Beretta 9mm handgun.

Berkowitz described the police account of the shooting and said: "It shocks the conscience. It is disturbing, to say the least."

The shooting was reported at about 2:45 a.m. Oct. 21 in the 3400 block of Banning Road in Colerain Township. When police arrived, Matthew met them at the door – his gun tucked in his waistband – ready to be taken into custody, authorities said.

"The question is, of course, what triggered this? What started this? Is it drug-related? Is it an anger situation? Is it a relationship situation?" said James Love, Colerain Township public information officer.

"Why were they up at 2:30 in the morning in a backyard? Those questions are all on the table and they are all good questions. That is exactly what the detectives of Colerain Township will be doing until they get the answers."

Joshua is currently recovering at Cincinnati Children’s Hospital. He was shot 10 times, authorities said.

Joshua's father told WCPO his son is unable to speak, has a tube in his throat, had his jaw wired shut and has bullet wounds across his body. He said one bullet is lodged in his son's temple and he has gunshot wounds to his face, torso and both arms.

Joshua Hacker recovering in the hospital

Jaeson told WCPO Monday his son is improving.

"He is up walking now...We are just waiting to get (his) mouth unwired so he can start to eat real food again," the father said. "His eye surgery went great. The swelling is gone."

Police ask anyone with information in this case to call Crime Stoppers at 513-352-3040.

WCPO's Tanya O'Rourke contributed to this report.