Former Ohio prosecutor convicted of attempted murder after trying to shoot ex-wife inside Toledo restaurant

 September 13, 2026 
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A jury convicted a 43-year-old former criminal defense attorney of attempted murder after surveillance video captured him thrusting a loaded handgun at his ex-wife's head inside a Toledo, Ohio, restaurant, only to be stopped by a waiter who tackled him from behind.

Matthew Exton walked into Sabira, an Italian restaurant in Toledo, on April 11, 2025, approached the table where his ex-wife Kada Malone sat with her parents, Jeannie and Charles Malone, and pointed a handgun at point-blank range at Kada Malone's head. He pulled the trigger. The gun did not fire. Exton had left the safety on.

A waiter, since identified as Tracy Cole Jr., rushed Exton from behind and brought him to the ground before he could try again. The weapon had one round in the chamber and seven more in the magazine.

Exton spotted his ex-wife from a neighboring restaurant, then came back with a gun

Prosecutors laid out a sequence that began at Souk, a nearby restaurant where Exton had been drinking. He spotted Malone dining at Sabira with her parents and walked over. His first visit was hostile but not yet lethal: he ordered a drink for the Malone table, spat in their direction, and left.

Then he returned with a handgun.

Security footage distributed by Viral Press shows Exton re-entering the restaurant, approaching the table, and thrusting the gun toward Malone's head. She reacted by raising her hands in front of her face. Cole tackled Exton before he could disengage the safety or rack the slide. Fox News reported that the entire sequence, from Exton's first appearance at the table to the takedown, was captured on the restaurant's surveillance system.

Exton was booked by the Lucas County Sheriff's Office on April 12, 2025, the day after the incident. His law license was suspended the following month, in May 2025, the New York Post reported.

Prosecutors cited a voicemail quoting Johnny Cash as evidence of intent

During closing arguments, Assistant Lucas County Prosecutor Rose Mock pointed to a voicemail Exton had left for Malone before the shooting attempt. In it, he referenced the Johnny Cash lyric: "Sooner or later God will cut you down." Prosecutors treated the message as evidence of Exton's threatening state of mind and premeditation.

Lucas County Prosecuting Attorney Julia R. Bates was blunt about the prosecution's view of what happened inside Sabira that evening:

"The defendant did not come with the intention of having a meal. He came with anger in him and with the intention to commit a public execution of his ex-wife at the restaurant that day."

Bates also praised the restaurant staff and patrons who intervened. "The employees and patrons who stepped in to stop the defendant that day are heroes," she said.

Guilty on all counts, then an outburst that underscored the verdict

On September 4, a Lucas County jury found Exton guilty of attempted murder, two counts of felonious assault, one for each of Malone's parents, Jeannie and Charles Malone, who were at the table, and two firearm specifications attached to all three counts.

Exton did not take the verdict quietly. He erupted in the courtroom, screaming lyrics from the same Johnny Cash song, "God's Gonna Cut You Down", as court officers removed him. On his way out, he formed his fingers into a gun shape and pointed it at prosecutor Rose Mock.

The judge instructed the jury to disregard the outburst and not let it affect their deliberations. Sentencing is scheduled for September 21, 2026.

Only a safety switch stood between Kada Malone and a loaded chamber

The facts of this case leave almost nothing to interpretation. A former officer of the court, a man who once prosecuted criminal defendants, loaded a handgun with eight rounds, walked into a restaurant full of diners, pressed the barrel against his ex-wife's head, and pulled the trigger. The only reason Kada Malone is alive is a mechanical safety and a waiter brave enough to act.

Exton's conduct after the verdict, mimicking a gun and pointing it at the prosecutor who put the case together, tells the public everything it needs to know about his remorse, or lack of it. A man entrusted with the law used it as a shield for years, then discarded every principle it stands for in a single evening.

Tracy Cole Jr. didn't wait for permission or backup. He saw a loaded weapon aimed at a woman's head and moved. That is the kind of accountability that matters, not the kind you learn in law school, but the kind you either have or you don't.

About Olivia Benson

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