Mar 11, 2015

Matthew Brown gets sentenced 40 years for killing Neil Decker today which was Decker's birthday

Today was the sentencing for Matthew Brown in Courtroom 1. DDA Kelly Neel prosecuted the case and Mr. Greg Elvine-Kreis represented Matthew Brown. The defense had filed a motion to modify the verdict which was denied by Judge John Feeney. Judge Feeney said, "The jury's decision was not contrary to evidence." The defense was asking that the verdict be modified from second degree murder to voluntary manslaughter.

Friends of Neil Decker told me before court opened today was Neil Decker's birthday. Family and friends sobbed as they read victim statements before Judge Feeney sentenced Brown.

Michael Cuervo, Neil Decker's nephew said that Decker was a father figure to him because his "own biological father was not present." DDA Kelly Neel had to read a few letters because the family was distraught. Reading Neil Decker's mother's letter, Ms. Neel herself choked up when she read the following,"Part of me died with him that day. I wasn't there when he died so I didn't even get the chance to say goodbye." Decker's mother's letter ended with, "Matthew Brown gave me a life sentence" and asked the Judge to give him the same.

Matthew Brown flashed a peace sign and smiled at Decker's loved one as he was lead away by the bailiff.

However, Decker's family and friends were not exactly following the rules either. When Judge Feeney denied the defense motion they applauded. The Judge admonished them. Still Decker's mother addressed Brown after her letter. Decker's mother said after her statement in court,"You motherfucker I hope you rot in hell " and again was told by the Judge that she had to direct what she had to say to him.

Matthew Brown was sentenced to 15 years of life in State Prison for second degree murder. This is the penalty for second degree murder in California. He also received 25 years to life for a firearm enhancement. Another 20 years to life firearm enhancement was "stayed." He has to pay a restitution fine of $1,977.97 to Decker's mother and another restitution fine of $10,000.

Matthew Brown was found guilty by a jury in February of second degree murder. He was charged with the death of Neil Decker in Alderpoint. I was the only one to cover the preliminary hearing and there are several posts on this blog. There is a link below that describes the penalties and potential years in prison for murder and the different penalties for murder, second degree and voluntary manslaughter.

From the link below on penalties, here is what a person can get for second degree murder and what can add to the prison sentence:

3Second-degree murder

If convicted of California Penal Code 187 as second-degree murder, you face 15 years-to-life in the state prison.36 However, there are some circumstances that can increase your potential sentence.  These are as follows:

your second-degree murder sentence may increase to life without the possibility of parole if you have previously served a sentence for a murder conviction,37
your sentence increases to 20-years-to-life if you killed the victim by shooting a firearm out of a vehicle with the intent of causing serious injury,
your sentence increases to 25-years-to-life if the victim is a peace officer, and
your sentence increases to life without the possibility of parole if the victim is a peace officer AND
you specifically intended to kill the officer,
you specifically intended to inflict great bodily injury on the officer, or
you killed the officer using a deadly weapon or firearm.38
3.4. Additional penalties

In addition to the prison terms above, California murder law subjects you to

An additional 10, 20 or 25-years to life in prison if the defendant personally used a firearm during the commission of the murder39
a "strike" on your record pursuant to California's three strikes law,
additional sentencing enhancements if a gun is used or if the offense is gang-related
victim restitution,
a maximum $10,000 fine, and
the loss of the right to own or possess a firearm pursuant to Penal Code 29800 PC California's "felon with a firearm" law.40





Previous posts:

http://johnchiv.blogspot.com/2015/02/jury-finds-matthew-brown-guilty-of.html
http://johnchiv.blogspot.com/2015/02/verdict-in-for-matthew-brown-casestay.html
http://johnchiv.blogspot.com/2015/02/penalties-and-potential-years-in-prison.html

1 comment:

  1. I am very happy that he got this sentence, But, it doesn't make sense to me that my man Walter Craig was murdered in Rancho in June 2013, and because no gun was used the Bastard only got 15 years. It seems alot more sick to beat a man to death with a baseball bat! Even left him and went back to finish it! Doesn't that seem a little more vicious than pulling a teigger one time?
    Matt, i too hope you rot in prison. You took a good friend from a lot of us. Shouldn't have been such a sissy and used a gun. Maybe you and Anthony Lane will kill each other in prison. But, hurry because he ONLY used a bat. Aarg! Laws!

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