Winters sentenced as Canyon assault case comes to a close
Hungry Horse News
A family's persistent quest for justice for the two men charged with permanently disabling Bill Matthews finally came to an end April 14.
Brad Winters, 20, of Hungry Horse, received an eight-year suspended sentence for his role in allegedly assaulting Matthews in the Deerlick Saloon parking lot in Martin City on Sept. 6, 2003. In short, if he stays out of trouble, he won't go to jail.
Facing a maximum 15 years in prison and a $50,000 fine for one count of criminal endangerment, Winters had reluctantly agreed to a plea agreement with a six-year deferred sentence and about $128,000 in restitution, but District Court Judge Katherine Curtis didn't accept the plea agreement.
Winters claimed he never hit Matthews with a baseball bat, only with his fist, and he pleaded with Curtis for the deferred sentence so he could eventually get a commercial driver's license and drive truck with his father.
Winters was charged with five misdemeanor offenses while on house arrest for the Matthews case-including underage drinking and several traffic violations. He no longer has a valid driver's license.
Winters hung his head and cried when his father, Robert Winters, took the stand and described his son's recent "turnaround."
"He deserves a second chance, an opportunity to get this all behind him," Winters' father said.
Curtis, however, was not ready to accept the plea agreement offered by Flathead County Deputy Attorney Lori Adams.
"I don't know if you're remorseful or not," Curtis told Winters. "Nobody knows 100 percent for sure what happened that night, but we all know the result-Mr. Matthews will never get a commercial driver's license, will never get to hunt or fish. It's a lifetime sentence for him.
"Nobody thinks you went there intending this to happen, but you're partially responsible, Mr. Matthews is not. So I can't give you a deferred sentence. I think you need to have this hanging over you the rest of your life. If you can't get a commercial driver's license, there are other options in life."
Saying this was "one of the most difficult cases I've ever done," Winters' attorney, Sean Hinchey, claimed his client was indeed remorseful, but that Winters felt the charges were based on conflicting witness testimony.
In his pre-sentence report, Winters had told the probation officer that he hadn't done anything and should only receive a misdemeanor assault charge.
When asked about that statement in court, Winters said, "I swung once, Bill fell down and hit his head, so it was a misdemeanor."
The Matthews family has played an active role in the case from its beginning, rounding up statements from 14 witnesses and prodding the Flathead County Sheriff's Office and the county attorney to pursue the case.
Family members were in court last August when Karl Tallent, who was 17 when arrested for his role in the Matthews assault, also pleaded guilty to felony criminal endangerment. Tallent has since completed boot camp and is back in Kalispell under probation. He was ordered to pay $128,845 in restitution.
Matthew's older sister, Vicki Brown, took the stand to describe how the incident had changed her brother.
"Bill is dramatically changed," she said. "He can no longer work, hunt or fish. He has difficulties going shopping and remembering what he's doing. He needs to re-learn life skills. His life is forever changed with no chance of returning to normal."
Noting the Matthews family's financial burden from medical expenses, Curtis impressed upon Winters the importance of his making monthly restitution payments on time.
Winters' suspended sentence would not be revoked if he did not pay the $128,000 in eight years, Curtis said, "but if during those eight years you do anything voluntarily that reduces your ability to pay-if you take on debt, or don't show up at work, or take a lower-paying job-your sentence could be revoked. Your first responsibility is paying back that restitution."