Friday, September 23, 2005

Las Vegas, Nevada

From the Las Vegas Sun of September 23, 2005
Charges dropped against war vet

Prosecutors this morning dropped the murder and attempted murder charges that a 20-year-old Iraq war veteran had been facing and will dismiss all remaining charges against him if he completes two therapeutic programs and stays out of trouble.

Matthew Sepi used an assault rifle to kill 47-year-old Sharon Jackson and wound 26-year-old Keven Ratcliff on July 31 in an alley behind the 200 block of New York Avenue. He said he fired in self-defense after being threatened by them, and police found a 9mm gun at the scene and evidence that it had been fired. Sepi's lawyers alleged that it had been fired at Sepi.

Under the terms of the plea bargain struck with prosecutors, Sepi will plead guilty to one count each of felony possession of a dangerous weapon and a gross misdemeanor charge of possession of a concealed weapon.

But if Sepi completes a 90-day drug and alcohol program in Prescott, Ariz., as well as a seven-week combat trauma therapy program in Topeka, Kan., and commits no violent crimes during that nearly 5-month-long span, his case will be dismissed.

If Sepi fails to complete the programs he will be sentenced for the gross misdemeanor and could be placed on probation or serve up to a year in jail.

If Sepi commits a violent crime he will face punishment for the felony possession of a dangerous weapon charge. The charge, in his case, is punishable by probation or 1 to 5 years in prison.

Chief Deputy District Attorney Chris Owens said it had been clear from the beginning of the case that Sepi acted in self-defense and the resolution of the case was an example of the balance of justice the district attorney's office always hopes to achieve.

"Prosecutors are charged with doing what is fair and just," Owens said. "Unfortunately someone was killed and another injured but the totality of the facts and evidence in the case shows the two victims were lying in wait and fired first."

While authorities determined that the shooting was justified, they also believe Sepi needs counseling not just for his own benefit but to ensure the community he will not be carrying a firearm around the streets in that manner again, Owens said. Sepi's attorney, Deputy Public Defender Nancy Lemcke, said "the ultimate dismissal of the charges is a very fair resolution."

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