Friday, April 18, 2008 10:31 PM CDT
Depew sentenced to 8 years in prison for fatal shooting
By HERB MEEKER, Staff Writer hmeeker@jg-tc.com
CHARLESTON — Matthew E. Depew was sentenced Friday to eight years in prison for the fatal shooting of Robert L. Gordon July 7 in Mattoon.
Judge Gary Jacobs agreed the evidence and testimony from witnesses showed Gordon was the aggressor in the confrontation on the night of July 7 in a Mattoon neighborhood and the 26-year-old defendant had a reasonable fear for his life, but Depew took a step toward causing the tragedy when he pulled a semi-automatic gun from a pouch on his motorcycle before even encountering Gordon outside a residence on Shelby Avenue. Depew’s testimony on Friday during the sentencing hearing refuted his previous claim he had pulled out the gun from his pickup truck after encountering an aggressive Gordon that night.
“You really went out of your way to get over to Mr. Gordon,” Judge Jacobs said. “You didn’t have to do that.”
Jacobs said Gordon and Depew were both under court order to avoid contact with each other due to previous incidents. Therefore, Judge Jacobs said, Depew should have avoided contact even if Gordon was violating a court order as well.
“Why didn’t you go into the house and have the police called to have Mr. Gordon arrested?” the judge asked before pronouncing his sentence.
Depew, who has been living in Mattoon since selling his rural Gays home, pleaded guilty in November to a charge of second degree murder, claiming he shot Gordon when it was not justified, but he believed it was at the time it happened. A first-degree muder charge and weapons charge had been dismissed as part of the agreement at that time. Friday’s sentencing also included $3,132 restitution for burial expenses paid to the Gordon family plus additional costs to be paid from the defendant’s bond. Depew will also undergo drug treatment through the Illinois Department of Corrections.
The long dispute between Depew and Gordon centered on a relationship with the same woman, Rachel Askew, who faces a criminal charge for obstructing justice in the shooting investigation.
On the witness stand Friday, Depew claimed he was constantly in fear of his life through Gordon’s threats and acts, including repeated tire slashings, vehicle window smashings and even reports of gunfire aimed at Depew’s rural home in Shelby County.
Depew said he carried a gun for protection against Gordon. He testified Gordon threatened to bash his head moments before the shooting incident last summer. Depew tried to run away, but Gordon pushed or tripped him down to the ground and started to beat on the back on his head.
“I told him I was going to shoot him. I reached over my shoulder and fired one shot,” Depew said.
Gordon then got up, drove away on his motorcycle and later walked into a Mattoon restaurant stating he had been shot, then collapsed. He later died at Sarah Bush Lincoln Health Center.
In a statement to the court, Depew said he regretted how he and Gordon had “let it go this far” and apologized to the Gordon family, “promising he would lead a law-abiding life.”
Coles County State’s Attorney Steve Ferguson posed questions on Depew’s credibility during cross examination at the sentencing hearing in Coles County Courthouse. He summarized the case as Depew bringing a loaded gun to a fistfight or wrestling match, not a final showdown.
Ferguson pointed out that Depew during police questioning on the night of July 7 falsely claimed Gordon was carrying a knife. He also told police he made a twisting move to shoot while under Gordon, but on Friday Depew explained he pulled the small gun from his pocket and reached over his shoulder to fire the handgun.
His version of how he loaded the handgun was also questioned. Depew said he loaded a round with one hand.
Mattoon Deputy Police Chief Jeff Branson took the stand during the hearing to say it was not possible to tap in the magazine and chamber the round with even a small .25 caliber semi-automatic pistol. Depew later testified only a slight tap of the magazine and tug by two fingers can load a round into the chamber for his gun.
Ferguson also referred to the presentencing report where Depew had claimed he had not used drugs. The prosecutor also cited witnesses claims that Depew had used and sold meth. On Friday, Depew said he had used drugs but prosecution witnesses last week had exaggerated their claims.
Defense attorney Ron Tulin said Gordon was a “jealous man” reacting in violent ways and Depew faced his wrath.
“His love, if he had it, turned to hate,” Tulin said. “I would urge that Matt should be given probation because of the extreme circumstances of this case.”
Judge Jacobs agreed there were mitigating circumstances, but rejected the request for probation only. However, Ferguson had asked for 18 years in prison plus a $10,000 fine. The sentencing range for this Class I Felony is 4-20 years under state law.
DePew was taken into custody at the close of the hearing. Tulin’s request that his client be allowed to remain free on bond for his grandmother’s funeral was denied.
Contact Herb Meeker at hmeeker@jg-tc.com or 238-6869.
Add your comments
Not already registered? Then click Here.
Comment policy:
JG-TC.com encourages readers to engage in civil conversation with their neighbors. Comments that are submitted are not posted to the site immediately. They go into a queue to be moderated and may take several hours to be reviewed. Comments posted on Saturday may not be reviewed until Sunday afternoon.
In order to keep the page a set width, long lines (mostly long links) will be chopped. Try putting spaces in your links or consider using tinyurl.com to make a smaller link that you can include.
We will never edit or alter your comments, but we do reserve the right to remove comments that violate our code of conduct.
No comment may contain:
* Potentially libelous statements; such as accusing somebody of a crime, defamation of character, or statements that can harm somebody's reputation.
* Obscene, explicit, or racist language.
* Personal attacks, insults, threats, harassment or inciting violence.
* Commercial product promotions.
If you have any questions, please contact our moderator.
|
|
|
medic57 wrote on Apr 18, 2008 5:40 PM: