Chapter 16 The Sentencing

 

    During his time at our house, Matt had met numerous times with his attorney. Considering all the complications from the confession, his lawyer had tried desperately to come up with an adequate defense. What they didn’t know was that Matt had given a lot of details that were incorrect. I don’t know if it was intentional, from the subconscious, or maybe an effect of the anesthesia, but many of the details he described would prove to be untrue.

     Matt had told his attorney, Joe, that he had been forced to rob the pharmacies. He tried to convince Joe that there had been a man he owed money to that had come to the house and physically made him rob the pharmacies. Joe had acquired a private detective who had interviewed Matt and recorded his testimony. He started a search but could find nothing. It was determined that Matt had been lying and simply fabricated the story. Matt swore he was telling the truth, but addicts can be so convincing.

     Whether there really was a man or not, there was a stronger case that Matt had acted alone. He had previously worked at another branch of the pharmacy chain and an employee recognized him. He was even picked out of a group of pictures, a sort of lineup.

     Matt had told his attorney that the gun he had used was a BB gun that looked like an actual pistol. He described how he had come home and threw the gun into the woods surrounding the house. Once again, the detective searched the area with a metal detector but found nothing. Even if the gun had been found to be a toy, it still would be armed robbery. We learned from counsel that even a finger held in a pocket in a way to resemble a gun would still be considered a weapon. There was still a threat because the victims could not know if the firearm was real or not. Matt’s attorney thought the fact it was nor real might lessen his sentence some.

     So, Joe and I combed the area for evidence as well. Several days we searched the wooded area in front and in back of the house and even across the street. We held out hope in finding the toy gun, but we found nothing. We had thoroughly searched the house as well.

     There was no one living in the house after the home invasion and shooting, so the house remained vacant while Matt was in the hospital and then recuperating at our house. We kept the house locked but it was situated in a dark, deserted spot on several acres of property. The house could be seen better from the school parking lot than from the major road in front of the house. Within a week, someone had broken into the house and stolen the refrigerator, stove, microwave, and washer and dryer. In fact, they took anything that was able to be pawned or sold for cash. We assumed it was used for drug money.

      After the robbery we had searched every corner of the house searching for anything valuable that might have been overlooked. Several months after the sentencing and before the house was sold, the missing toy BB gun was found lying on the dining room table. No one could explain the strange reappearance of the weapon.  It would not have changed the charges or the conviction. The only purpose I could make for the gun appearing at that time was that the Lord wanted us to find it. Maybe so that we would know Matt had told some truths. I don’t know why but the gun was there that day.

     Matt was facing a stiff sentence but less time than the possible state charges would bring. It looked to be around 10 to 15 years, possibly twice that amount if convicted on two counts. In the federal system, sentencing is determined in months served, so Matt was looking at 120 to 180 months. Sentencing at the federal level is determined by a set of defined criteria, based on such things as prior criminal charges, severity of the crime, things that factor in to the equation. That is left up to the judge and the attorneys, but the process is pretty well spelled out.

     There are very few exceptions to receiving a lower sentence. However, once again, God provided a way for Matt to have a lesser sentence. It involved a possible disclosure that only Matt knew all the details and he agreed to speak to the FBI. Even his attorney had said there was no way it could happen, but by the grace of God it did.  Five years off his sentence!  Another miracle!

     So Matt was given a sentence that required him to serve 90 months. That day in court will be forever seared in my mind. As a mother I was not sure I could face the drama in the courtroom. I had not even been able to get out of the car that day back in January at the crime scene. How could I face seeing my son in this situation?

     Matt entered the courtroom in the orange jumpsuit bound in shackles and handcuffed. It tore at my mother’s heart like a hot branding iron had been placed on my chest. Tears welled up in my eyes but I was able to keep my composure. All around the country people were praying for Matt, the judge, our family, and all those involved with this case.  I felt every prayer at that moment. I remember the peace I had during the sentencing and afterwards…the Peace that passes all understanding. I actually felt as though the Holy Spirit had His arms around me, drying my tears from the inside and keeping me composed and calm.

     Matt’s two brothers were present that day. Joe had asked that they be there to witness some of the consequences for Matt’s behavior and actions. They had been hurt from all the stealing, arguing, and family drama that comes from dealing with an addict in the family. He wanted them to see the high price that Matt had to pay. It would be several years before his younger brother would even talk to Matt because of all the hurt and anger.

     After the judge read his verdict, he motioned for me to come forward. I was allowed to hug my baby for the first time in over 6 months. It felt good just to touch him and know that he was still living and breathing. It was extremely hard for me to breathe that day. I could only imagine what he was going through.

     Jim was also with us that day.  He was a good family friend who had also been Matt’s Youth Director at church. Jim had been faithful to visit Matt with us so it was no surprise that he agreed to go that day, too. Of all people, Jim knew the true heart of Matt from being with him through the years. He had also been through some rough times with Joe and me as we dealt with the frequent teenage problems. He had served in combat duty in Viet Nam, so I guess he thought our problems were minor in the big scheme of things.

      One year, Matt was scheduled to attend a youth retreat in Florida. Something had come up that made Joe and me question letting Matt attend. He had several friends who he had invited and really needed to be there. So, we agreed to let him go if I went along as well. Matt was not happy but we insisted. There was one minor problem: where would I sleep? Bless their sweet hearts, Jim and his wife let me bunk in their room with them. They shared a bed and I had the other one. With 15 or so teenagers there was not much time for sleeping, so all worked out for the good.

      Our minister was also there as the judge read his decision. We all gathered in the hallway after Matt left. Not much was said, just a few thanks for coming, a prayer and a gracious acknowledgement of the power of the almighty in the final terms of the judgement. His attorney was there to witness the lower sentence and now had to be reminded that he had said “no way.” Joe had just witnessed another of the miracles in Matt’s life. With the federal system time can be shortened for good behavior but never less than 85 % of the sentence. Matt was given credit for his time in Cullman, but he still had about seven years to go. Now began the long process of serving the 99 months.