By Monica Pryts
Herald Staff Writer
MERCER COUNTY
January 12, 2009 09:35 pm
—
Michael Vance Matter has pleaded guilty to involuntary manslaughter in the shooting death of Howard Stanley Urquhart, but claims it was a hunting accident.
Matter, his attorneys and the Mercer County District Attorney’s office settled on a plea deal Monday in a conference with Common Pleas Court Judge Christopher St. John.
Matter, 53, formerly of 40 Maple Road, West Salem Township, was accused of murdering Urquhart, 60, of 347 Hadley Road, Hempfield Township, by shooting him in the back of the neck Jan. 15 in a wooded area off Bandy Road in Greene Township.
Matter was charged April 24 by state police with first- and third-degree murder, robbery, theft of a motor vehicle, forgery, access device fraud, persons not to possess a firearm, possessing instruments of crime and abuse of a corpse.
The murder charges were dropped in exchange for the manslaughter plea and Matter also pleaded guilty to theft of a motor vehicle, forgery, access device fraud, persons not to possess a firearm and abuse of a corpse. The other charges were dropped.
Mercer County District Attorney Robert Kochems asked that Matter be sentenced to 16 to 32 years in a state prison. The maximum sentence for the charges is 17 to 34 years, St. John said.
His sentencing was set for 9 a.m. March 5, which can’t come soon enough for Urquhart’s family members, who watched Matter in disbelief as he described accidentally shooting his hunting buddy because he mistook him for a deer.
“This isn’t the kind of justice my dad deserves,” Urquhart’s daughter, Jennifer Urquhart, said after the hearing.
She and her mother, Carolyn Urquhart, Urquhart’s former wife, said they were disappointed, appalled and devastated that Matter won’t be tried before a jury.
“We’re very sad,” Mrs. Urquhart said.
There is “no way” Urquhart’s death was a hunting accident, said the women, who live in Meadville. Matter’s family will be able to visit him in prison but Urquhart is gone forever, Ms. Urquhart said.
“My dad doesn’t get to see his family,” said Ms. Urquhart, who plans to testify at Matter’s sentence hearing.
St. John told Matter he could be eligible for parole after he serves his minimum sentence, but it’s not guaranteed. He also said if Matter’s case had gone to trial and he was convicted of murder, he’d receive a mandatory life sentence.
“It was my decision,” Matter said of taking the plea deal.
Matter said he didn’t shoot Urquhart in self-defense and did not suffer from any mental illnesses, but had been feeling depressed lately because of the charges against him.
On the evening of Jan. 15, Matter and Urquhart were in Urquhart’s truck in Greene Township looking to poach deer, something they did often together as friends, Matter said.
Urquhart had a crossbow and Matter had a .44-caliber magnum, which belonged to his late father. They reached a field on Bandy Road and Urquhart saw a deer and shot it with the crossbow. The men exited the truck and followed the deer’s trail of blood about 400 to 500 yards into the woods, Matter said.
It was dark and hard to see but Matter said he saw some movement about 10 feet away and fired a gunshot in that direction.
“The deer ran in and out of the thicket and I thought it came back out,” Matter said, crying. “It was Howard.”
Matter said he went to Urquhart, whom he caught in his arms before he fell to the ground. Matter couldn’t tell where Urquhart was shot and his body went limp and he stopped breathing, leading Matter to believe that was the moment he died.
Matter said he was an experienced hunter with a license and knew they were breaking the law by poaching deer at night. The men separated several times in the woods and had flashlights but didn’t use them the entire time, he said.
Matter agreed with St. John that his actions in not properly identifying his target were reckless and careless. After leaving Urquhart’s body in the woods, Matter said he panicked and drove away in the truck.
He had it for about a week before he was caught by authorities Jan. 20 on the military base of Camp Lejeune, N.C. Matter also used Urquhart’s checkbook to cash a $2,800 check he wrote to himself and Urquhart’s credit card to buy gas.
Matter was extradited to Mercer County and told his attorneys on Feb. 20 where authorities could find Urquhart’s body, Matter said.
Urquhart was reported missing Jan. 17 by his daughter and was last seen Jan. 15 by his co-workers at Cattron Group Inc., Sharpsville. A witness saw Matter in Urquhart’s truck that night, police said.
On Feb. 27, Matter told a confidential witness Urquhart’s death was an accident. Autopsy results showed Urquhart was shot from less than three to five feet away and he died from the gunshot wound.
Matter was charged with a firearms violation because he’s ineligible to possess a firearm, stemming from a 1999 conviction of possessing cocaine in Mercer County, St. John said.
Matter was represented by Dana Flick and Veronica Smith, attorneys with the Mercer County Public Defender’s office.
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