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Matthews appears for continued preliminary exam

Cutis delays bind over ruling

News photo by Kayla Wikaryasz On Wednesday, attorney John Freeman is seen cross examining a witness in the 88th District Court.

ALPENA — Devin Matthews, 23, charged with causing two deaths in a fatal car crash in Alpena in 2024, attended the second part of his preliminary examination on Wednesday in the 88th District Court.

In total, Matthews is charged with two counts of second degree murder, two counts of involuntary manslaughter, two counts of Operating While Intoxicated (OWI) causing death, two counts of reckless driving causing death, one count OWI causing serious injury, and one count reckless driving causing serious impairment of a body function.

Judge Alan Curtis, 88th District Court, presided over the case and no decision was made whether or not to bind Matthews over to the 26th Circuit Court.

Matthews’ attorney, John Freeman, requested a chance to order transcripts from the preliminary examination hearings and follow up with written closing arguments based on those transcripts.

Curtis allowed the defense this opportunity and subsequently offered prosecution the same.

Alpena County Prosecutor Cynthia Muszynski requested time to receive the transcripts as well so she could provide a written argument too.

“I want to make sure we get this right,” Freeman told Curtis at the beginning of the examination.

Matthews’ case stems from a fatal crash that occurred the night of March 11, 2024 on U.S.-23 South near Partridge Point Road.

A Michigan State Police (MSP) press release from January stated that at approximately 7:48 p.m. troopers responded to a report of a two-vehicle personal injury crash. A preliminary investigation showed that a pickup truck with three occupants was traveling south on U.S.-23 when it crossed the centerline and collided with a northbound Chevrolet SUV.

The pickup truck was driven by a then-21-year-old Harrisville man, according to MSP. His passengers included a then-19-year-old man from Ossineke in the front seat and a then-21-year-old man from Lincoln in the back seat. The SUV was driven by a then-28-year-old man from Ossineke.

The State Police reported that the 19-year-old passenger in the pickup truck was pronounced deceased at the scene. The driver of the SUV was extracted from his vehicle and later died at the hospital. The driver of the pickup truck and his other passenger, the 21-year-old man from Lincoln, were both transported to MyMichigan Medical Center Alpena and treated for serious injuries.

The 21-year-old Harrisville man was Matthews, charged in this case, and the 21-year-old man from Lincoln was Cameron Belanger, who testified during Matthews’ preliminary examination in April.

Four witnesses took the stand on Wednesday at the continuation of Matthews’ preliminary examination, which included Michigan State Police (MSP) SPL/TPR. Brady Ahola, Alpena Police Sergeant Hunter Penney, MSP Detective Sergeant Cody Bellmer, and Matthews’ former fiance, Leah English.

Curtis ruled that Penney’s testimony as a Drug Recognition Expert (DRE), a certified law enforcement officer who is trained to recognize classifications of impairment from specific substances such as cannabis, opiates, et cetera, could not be considered as an “expert witness.” Instead, Penney’s testimony was considered a “lay opinion.”

Penney said that nitrous oxide, one of the substances the prosecution believes factored into the crash, has a short incubation period in the human body. He said that inhalants, like nitrous oxide, often are “in and out of your system” in a 10 to 15 minute window. He added that the effects of these inhalants are “very short acting” but immediate.

Bellmer later testified that when he was brought on to work the case he was looking into the toxicology results pertaining to the Mathews’ case. He said that the lab that processes toxicology results in Lansing said that they do not test for nitrous oxide because “it metabolizes so quickly in the system … approximately 15 minutes in and out of your system so it is not detectable.”

Bellmer said that the blood draw happened “well past the 15 minutes.”

At the time of Matthews’ previous preliminary examination in April, English and Matthews were engaged to be married. English testified on Wednesday that the two have since broken up.

English’s testimony was cut short at the prior examination due to concern that English may have perjured herself and she would need a lawyer.

On Wednesday, Muszynski questioned English about perjury and in regards to a conversation the two had prior to court that day.

“I did make you a promise,” Muszynski said. “What is your understanding, in your own words, of the promise?”

English said that the promise was that if she were not to tell the truth moving forward, she would be charged with perjury. This charge could lead to a prison sentence as long as Matthews may receive.

Muszynski asked English to recap what she remembers from the day of the accident for which Matthews is charged with causing. English said that Matthews dropped her off at work at Medilodge in Alpena around 2 p.m.

“He was hanging out with Cam and Donnie,” English said. “I don’t remember if he had anybody with him when he dropped me off or who he got first.”

English explained that during her shift, Matthews picked up English from work on her break. At that time, she said she remembers “Donnie” Obuchowski being in the truck as well because he moved to the backseat to allow English to sit up front.

According to past testimony from Bellanger, another passenger in the truck, Bellanger testified that Matthews, Obuchowski, and himself were in the truck at the time English was picked up from work.

Prior to picking up English, Bellenger had testified that the group had visited a smoke shop in Alpena to purchase canisters of nitrous oxide, colloquially known as “whippets,” to consume.

The group had consumed the nitrous oxide while parked at the “Duck Park,” Bellanger testified.

In April, Bellanger testified remembering English was present when the group was at the park, but English said on Wednesday she does not remember that being the case.

“Duck Park” refers to Island Park in Alpena.

On Wednesday, English testified that during her lunch break on March 11, 2024, Matthews picked her up and took her to Dunham’s Sports in Alpena where he purchased her new shoes and a sweatshirt.

English told the prosecution that she remembers seeing the canisters of nitrous oxide laying on the floor of the back seat in the truck because she leaned back to hand Obuchowski her vape.

English clarified that this vape was a nicotine vape and not a marijuana vape.

Matthews dropped off English at her work concluding her lunch break, and English said that later that evening she received a “couple of calls” from Matthews’ step-mother who asked English if she had “heard from Devin.”

English said that she checked Life360, a location sharing app, and Matthews’ phone was shown “shut off” at the location of the accident.

She said she had Belanger’s girlfriend, Kaylnne Belanger, pick her up and the two drove to the location of the accident.

During her questioning, Muszynski asked English if she spoke with Matthews about the investigative subpoena English was required to comply with in August 2025. While being questioned by police, Muszynski and English said that English was asked about her knowledge of the accident.

On Wednesday, English admitted that she had lied during that interview to protect Matthews.

Muszynski also asked English if she and Matthews had ever discussed the investigative subpoena.

She said that Matthews had asked her to lie on his behalf.

“He wanted me to say I didn’t remember anything,” English told Muszynski.

During questioning, English revealed she had also fabricated a story during her investigative subpoena about a prior trip to Traverse City where herself, Matthews, and three other people were using nitrous oxide.

“That was made up,” English told the court. “I didn’t know what to say. I didn’t know how to lie … I had to lie somehow.”

English explained that after the accident, Matthews was “short fused” and had frequent nightmares. She stated that Matthews had shared with her different versions of the story from his perspective which changed over time.

“I don’t know because every story is different everytime,” she said.

English said one version she was told by Matthews is that he was driving and “all of a sudden it was just black.”

She added that another story Matthews told her was that Matthews was driving and he tried to go around the other vehicle “and didn’t make it around.”

At another time, English said that Matthews had expressed that it was his fault that the crash occurred.

At the conclusion of Wednesday’s preliminary examination, Curtis allowed both the defense and prosecution time to submit written closing arguments before Curtis makes a decision whether or not to bind Matthews over to Circuit Court .

Curtis is also allowing both parties an opportunity to give final oral arguments once the written statements are submitted to Curtis.

Kayla Wikaryasz can be reached at 989-358-5688 or kwikaryasz@TheAlpenaNews.com.

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