Judge remarks man lucky to be alive
During a change of plea hearing Wednesday, a judge shared his surprise that the defendant lived through the ordeal for which he accumulated three charges.
Judge James A. Manley told Robert Matt that he found it “somewhat surprising you didn’t get shot” while he broke into an occupied house and stole a truck in February.
Matt has been charged with theft, aggravated burglary, both felonies, and criminal mischief, a misdemeanor.
Maximum penalties and sentences for each are: a fine of up to $50,000 and incarceration of 10 years for theft; a fine of up to $50,000 and incarceration of up to 40 years for aggravated burglary; and a fine of up to $1,500 and incarceration of up to six months for criminal mischief.
Matt changed his plea of not guilty to guilty last week before Manley.
He was found guilty on all three charges on Wednesday, Aug. 9 at the hearing, and was released on his own recognizance.
Matt is being represented by defense attorney Jeff Wilson.
According to the court docket, Lake County Sheriff Deputy Dan Yonkin was dispatched to a call of a stolen vehicle on Feb. 10, 2017.
The missing vehicle was reported by Phil Gainey.
When Yonkin arrived at Grainey’s, he stopped at the end of the driveway and noted boot prints in the snow along with tracks left by a vehicle that had “spun out.”
Yonkin met with Grainey, who showed him the garage bay and rear side door that were left open.
Yonkin noted that additional boot prints were in the snow outside of the back door, matching the boot prints at the end of the driveway.
Both Yonkin and Grainey walked to the lower level at the back of the house, where evidence showed that the perpatrator walked to the back, breaking glass on the downstairs door.
Grainey reported that he didn’t hear anything because he sleeps with a C-PAP machine, while his wife was taking medication that caused drowsiness.
While investigating, Yonkin observed similar boot prints when he peered into the room where the glass had broken.
He also saw an ax to the left of the doorway and where the ax was used to cut into lineoleum flooring.
Grainey reported that an iPhone 6 was missing. The phone had tracking capabilities, he noted.
Together, Yonkin and Grainey used Grainey’s computer to try locating the phone to no avail.
Yonkin concluded the investigation and left.
At about 11:10 a.m., Grainey, who was monitoring the tracking on the missing iPhone, contacted Yonkin to tell him that the phone was showing a locale near U.S. Highway 93 and Old Freight Road near St. Ignatius.
Yonkin responded to the area, requesting assistance from the St. Ignatius Police Department.
When Yonkin arrived, there was no one at the location because about 10 minutes had passed, the court report says.
Yonkin, now with a Montana Highway Patrol trooper, conducted a traffic stop on a vehicle matching the description of Grainey’s.
It was confirmed after a brief investigation that the vehicle was stolen and Matt was identified inside the vehicle.
Matt is scheduled for sentencing on Sept. 18.