Sunday, September 21, 2014

Boone Pleads Not Guilty, Bond Set at $1 Million
August 1, 2013 by John Karlovec | No Comments

Matthew Boone, 23, of Montville Township, pleaded not guilty to seven charges related to the 2010 death of Thompson Township resident Dan Swan in Geauga…

Matthew Boone, 23, of Montville Township, pleaded not guilty to seven charges related to the 2010 death of Thompson Township resident Dan Swan in Geauga County Common Pleas Court Judge David Fuhry’s courtroom Monday afternoon during his arraign-ment and preliminary hearing.
At the recommendation of Geauga County Prosecutor Jim Flaiz, Fuhry set Boone’s bond at $1 million, cash or surety.
A grand jury indicted Boone on July 25 with a seven-count indictment that included a charge of complicity to commit aggravated murder, two charges of complicity to commit murder, two charges of complicity to commit felon-ious assault and two charges of tam-pering with evidence.
Boone, who is being represented by Geauga County Public Defender Rob-ert Umholtz, answered “Yes, your honor” to all Fuhry’s questions.
Boone waived the reading of the indictments and Fuhry advised him of the potential punishments of each charge.
“The first three counts are unclas-sified felonies and each has their own special sentence set forth,” the judge said.
The complicity to commit aggra-vated murder charge carries either a 20, 25- or 30-year minimum charge that can be bulked up to a mandatory life sentence with no chance at parole, as well as a $25,000 fine.
The second and third complicity charges carry a 15-year minimum sen-tence, which can be increased to life in prison without parole, in addition to a $15,000 fine.
The fourth and fifth counts, complicity to commit felonious assault, are second-degree felonies, punishable by between two to eight years in prison and a $15,000 fine apiece.
The sixth and seventh counts, tampering with evidence, are third-degree felonies punishable by between nine months and 36 months in prison, with a $10,000 fine levied for each.
Fuhry asked Boone about his living situation. Boone moved from Ashtabula County a year and a half ago and lives on Morgan Road with his parents. He said he used to be married, has three daughters and does not own any property.
When asked if he had committed any felonies, Boone admitted to serving jail time for grand theft auto around a year and a half ago. When asked about misdemeanors, Boone said he could not remember how many he had com-mitted, although he said he was arrested for crimes such as breaking and enter-ing and theft.
“I’m not even actually sure, your honor,” Boone said.
Flaiz requested Furhy set Boone’s bond at $1 million cash or surety. Umholtz did not object.
“Given the charges, the state is concerned there would be a danger if he is out on bond,” Flaiz said. “And also, the state would tell the court that we have some concerns about witness intimidation in this case.”
Other conditions of bond include no contact with either the victim’s family or potential witnesses. If Boone were to post bond, he would be required to be monitored with a GPS bracelet.
The case was assigned to Judge Forrest Burt.

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