Jack Didley's bouncer looks to appeal his case

BENTON COUNTY, Wash. - Video of that fateful Fourth of July spells out why Matthew Hibbard is in jail. It serves as a constant reminder of what went down at the club back in 2012.

It begins with assault victim Ben Ensign, inside the downtown Kennewick bar, swinging from a pole, removing his shirt and dancing.

This out of control behavior got him thrown out of Jack Didley's nightclub not once, but twice in a matter of minutes.

But the real tale of the tape is when you see Hibbard carrying the drunken Ensign out. The young father is dropped on his head.
That is felony assault with aggravating circumstances. It's what got Hibbard a year of work release with roughly three weeks of straight time in jail.

He's served most of his time but Hibbard is now appealing his sentence. The state tells me, he's having family issues and wants to put his penalty on hold. It's the first step in appealing his entire conviction.

Ben's remains in a rehab facility in Spokane. His family says that he's making small improvements but the overall outlook is grim. No one said Ben was an angel that night, but no one thought this was his penance, either.

To get both sides we tried to talk to Hibbard as he left the courtroom.

We asked "Matthew, is there anything you want to say about this case so far?" He said, "Absolutely not."

His side wasn't accepted by a jury of his peers, but Hibbard is hoping for a second chance.

Hibbard's case will be back in front of a Benton County judge next week.