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Ohio Lawyer’s Point-Blank Gun Attempt Thwarted by Single Oversight: Safety Still On

A Toledo attorney's attempt to kill his ex-wife at a crowded Italian restaurant collapsed in seconds due to one critical mistake — he never disengaged

By matthew jonathan
September 12, 20262 min read
Ohio Lawyer's Point-Blank Gun Attempt Thwarted by Single Oversight: Safety Still On
Ohio Lawyer's Point-Blank Gun Attempt Thwarted by Single Oversight: Safety Still On

A Toledo attorney's attempt to kill his ex-wife at a crowded Italian restaurant collapsed in seconds due to one critical mistake — he never disengaged the weapon's safety catch. Matthew Exton, 43, was convicted last week of attempted murder after the April 2025 incident at Sabira restaurant, where surveillance footage captured him approaching her table, drawing a Colt .45 semi-automatic handgun, and pulling the trigger to no effect.

Everything unraveled from there. A waiter named Tracy Cole Jr. recognized danger instantly and barreled into Exton from behind, wrestling him to the ground as patrons rushed to help. The entire confrontation played out in front of diners on what was meant to be the restaurant's opening night.

Desperation and Divorce

Exton had worked as a criminal defense attorney and held a Michigan prosecutor's license. He'd handled divorce, family, and bankruptcy matters in Ohio before his own marriage fell apart. The couple divorced in 2024, and by the time he walked into that restaurant more than a year later, Exton was homeless.

During trial testimony, he claimed he was desperate for money. He said he wanted his ex-wife to know he was serious about her fulfilling a court order to give him proceeds from their house sale. "I needed it. I was hurt," Exton told the jury from the witness stand.

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But prosecutors painted a darker picture. Lucas County Prosecutor Julia Bates described his arrival as a planned "public execution" — not a spur-of-the-moment outburst. He'd sent a drink to her table first, then spit toward her family before leaving and returning armed.

The Split Second That Changed Everything

Exton denied pulling the trigger when testifying. But the handgun was fully loaded and chambered. It simply would not fire because his finger never disengaged the safety lever — an elementary step he somehow overlooked in the moment.

Cole, the waiter, later described his own terror. "The only thing that went through my mind was that I'm gonna die," he said in an interview. Watching the video afterward made it worse. "It's hard when I see him pull the trigger. It's just hard to know that it 110% could have gone a completely different way."

Exton faced felony counts of attempted murder, two charges of felonious assault, and firearm specifications. He was acquitted on one assault count. The Ohio Supreme Court suspended his law license the month after his arrest. His sentencing is set for later this month.

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