on june 3, 2004, the day of pete's trial. mike urged eileen to testify against her husband in court. after testimony from a surprise witness, pete was acquitted. back at the black swan, mike, in extreme anger, began attacking eileen and dragged her into the bathroom attempting to rape her. dave matthews and lucy, heard eileen's screams and broke down the bathroom door. mike was knocked down momentarily by dave, but began to rise. lucy saw this and pushed mike to the floor causing him to hit his head, killing him instantly.