Matthews has murder charges dropped
Charges stem from a fatal crash in 2024
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ALPENA -- Devin Matthews, 23, had a pair of second-degree murder charges and other felonies dropped on Tuesday in the 88th District court.
Mathews was driving and was involved in a serious car accident in 2024 that claimed the life of two people.
Judge Alan Curtis, 88th District Court judge, bound over Devin Matthews, 23, for two counts of Operating While Intoxicated (OWI) causing death and one count of OWI causing serious injury, charges relating to a fatal car crash which caused two deaths in Alpena in 2024.
In total, Matthews was 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.
Matthews attended his preliminary examination over the course of two days on April 29 and June 24. The defense's lawyer John Freeman and Alpena County Prosecutor Attorney Cynthia Muszynski gave oral closing arguments on Tuesday, though both parties submitted written closing arguments after the conclusion of the preliminary examination in June.
Curtis dropped seven of the 10 felony charges (two counts of second degree murder, two counts of involuntary manslaughter, two counts of Operating While Intoxicated (OWI) causing death, and one count reckless driving causing serious impairment of a body function) due to evidence not supporting all elements of those charges, therefore not establishing probable cause.
The court also determined that Chirsitine Soliz's testimony during the preliminary exam was not credible because her testimony indicated she is biased against the defendant. Curtis said she has a "long standing relationship with the victim's family." The court also ruled that Soliz's testimony in court contradicted her statements made to police at the time of the crash in 2024.
According to Curtis, evidence has to be presented to prove probable cause that a felony has been committed. If evidence raises reasonable doubt or conflicts, those questions are left for the circuit court level to answer at trial.
Evidence for each element of a felony must be established or be reasonably inferred to be bound over to circuit court.
Curtis explained that when an intoxicated driver is either charged with murder, involuntary manslaughter, or "some form of" reckless driving causing serious impairment of a body function, evidence must establish elements beyond impairment or impairing substances that caused the event. This led to Curtis' decision to drop the aforementioned felonies.
He allowed for Matthews' GPS tether to be removed though all other terms of his bond are upheld by the court as of Tuesday afternoon.
Freeman argued that the prosecution did not prove gross negligence at the “precise” time of the fatal crash.
“Courts exist to separate evidence from accusation," Freeman told The News via email. "Today, the Alpena District Court did exactly that."
"The court sent a clear message: tragedy does not justify overcharging," he added.
In court, Freeman acknowledged the seriousness of the incident and that Matthews is remorseful. He said that he didn't believe Matthews should be labeled a murderer for the rest of his life.
"I don't deny that this is a tragic situation, Your Honor," Freeman told Curtis. "Mr. Matthews will live with what happened, as will everybody else, for the rest of their lives."
Freeman applauded the court's decision and recognized the work the defense has ahead of them moving forward with the case at the circuit court level.
"The criminal justice system works best when decisions are driven by alleged evidence, not emotion," Freeman said, via email. "Today’s ruling was a victory for fairness, accountability, and the rule of law. The court fulfilled one of the most important functions in our justice system: serving as an independent check on government power. Mr. Matthews remains charged with two counts of Operating While Intoxicated Causing Death and one count of Operating While Intoxicated Causing Serious Injury. Those are serious allegations, and we will continue to address them in court. Mr. Matthews is still presumed innocent, and today was a good day for justice in Northern Michigan."
Muszynski argued in court on Tuesday that the evidence the prosecution presented "exceeds mere speculation," countering Freeman's claim. She cited Matthews' behavior leading up to the crash as well as testimony alleging that Matthews inhaled nitrous oxide prior to the crash.
She argued further that the other driver's toxicology and witness credibility should be addressed at trial.
Muszynski told The News that the court's decision was not the outcome the prosecutor's office wanted though her team is committed to ensuring justice is served to those who were impacted.
"While we may not have gotten the outcome we wanted today, we will continue to work toward holding the defendant accountable for his actions," Muszynski said, via text message. "Our thoughts are always with the victims and their families of this horrible crime and we stand by them through the rest of this process. We will continue fighting for justice on their behalf and for the safety of the community."
Matthews' next arraignment will be in the 26th Circuit Court in Alpena County at a future date.
Kayla Wikaryasz can be reached at 989-358-5688 or kwikaryasz@TheAlpenaNews.com.