Okay, the jury found him guilty. He wanted to go the jury for punishment.
The jury heard about his priors and threats he had made in the past and they decided 60 years was appropriate.
I think the appellate court would probably uphold the verdict and sentence.
Convicted man's family questions sentence
By Mitzie Stelte Herald Zeitung
By Mitzie Stelte Herald Zeitung
The family of the Sattler man sentenced to 60 years in prison for burglary of a habitation with intent to commit aggravated assault is upset with the length of the sentence. A Comal County jury found Gary Neil Matney II guilty Thursday after a week-long trial of the first degree felony, but acquitted him on charges of the second degree felony offense of aggravated assault with a deadly weapon and the third degree felony offense of retaliation.
“We were shocked,” said Matney’s sister-in-law Robin. “The family definitely feels that Gary needed to be punished for what he did, but we did not feel the punishment fit the crime.”
According to a press release from Assistant Criminal District Attorney Steven de Lemos last Friday, the mother of Matney’s ex-girlfriend testified that he broke into his ex-girlfriend’s Canyon Lake home, made death threats and struck her with a metal rod.
But De Lemos clarified Wednesday that the jury acquitted Matney on assault charges because the metal rod was never recovered and injury photos were not taken. As a result, the jury could not find beyond a reasonable doubt that he struck the woman with the rod or caused other physical harm.
According to De Lemos, while being transported to the county jail, Matney, who was on five years probation for a conviction of retaliation against a New Braunfels police officer, threatened the lives of law enforcement personnel, which was shown as video evidence to the jury. The jury also heard 911 tapes from the burglary.
The sentence could have been anywhere from five years to life in prison for the first degree felony offense, said De Lemos. De Lemos also said he introduced other past offenses by Matney including assault causing bodily injury and four other misdemeanors, and he said he believes the jury saw Matney as a future danger. Robin said Matney and the family are debating whether to appeal. “I have faith in the system,” said Robin, “but it’s just hard to swallow sometimes.”
