Crime  | 

Gunman Foiled by Waiter Gets Almost 25 Years

Prosecutors in Ohio said former attorney 'nearly perpetrated a mass casualty event'
Posted Sep 21, 2026 4:45 PM CDT
Gunman Foiled by Waiter Sentenced
Exton points the gun at his ex-wife after entering the restaurant.   (Lucas County Prosecutor's Office)

A former lawyer who tried to kill his ex-wife in a Toledo restaurant but was tackled by a waiter has been sentenced to almost 25 years in prison. On Monday, 43-year-old former attorney Matthew Exton was sentenced in Lucas County Common Pleas Court to up to 24.5 years in prison for attempting to shoot his ex-wife at Sabira restaurant on April 11, 2025, NBC News reports. Prosecutors said Exton pointed the gun at his ex-wife at close range as she sat with her mother; the weapon didn't fire because the safety was on. He was tackled by waiter Tracy Cole Jr. before he could try to fire again. Exton was disarmed and restrained by restaurant employees and patrons until police arrived.

Exton, who represented himself at sentencing, claimed the case was political and that he never meant harm. He claimed he was only trying to scare his ex-wife into speeding up the sale of their former home. Prosecutors, however, said he "nearly perpetrated a mass casualty event in the middle of a crowded restaurant." Judge Gary Cook played surveillance video in court and cited footage of Exton trying to disengage the safety as proof of intent before imposing the lengthy term.

"That is the most chilling moment," Cook said. "You are flummoxed by why the gun didn't go off and you are trying to fix the safety." During Exton's trial, Cole testified that he briefly thought he might have to shoot Exton to stop him from harming anybody. On Monday, the judge declined Exton's request to delay sentencing so he could speak to police about filing attempted murder and felonious assault charges against the waiter, the Toledo Blade reports.

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