Details remain murky in Sunday arrest
Apr. 24—A man arrested Sunday night on what police said are allegations of kidnapping, resisting arrest and assault appeared in court Wednesday and denied all wrongdoing.
Brett C. Matheny, 33, appeared Wednesday morning before Associate Circuit Judge Rebecca L. Spencer of the Buchanan County Circuit Court. The South Side resident is charged with a single misdemeanor, assault in the fourth degree with a "special victim" alleged: a St. Joseph police officer. Spencer advised him to obtain an attorney or seek to qualify for a public defender. Matheny then told his side of the story before being taken back to the Buchanan County Jail. He will not be allowed to bail out of jail before his next court time, 1:30 p.m. Tuesday.
"I'm just trying to figure out what's going with these false allegations," Matheny told Spencer. "I've been thrown into a jail cell and kept away from my family. I have several dogs with no one to care for them ... The police surrounded my house (on Sunday night) and didn't announce themselves ... I'm a (veteran), I just got out of the U.S. Navy, so I'm kind of iffy about who comes around my house, particularly since I'm new in town."
The allegations are defined in a probable cause statement that alleges police came to Matheny's house at about 10:30 p.m. Sunday in search of a child reported to be a kidnapping victim. They encountered Matheny and a child who was not the one they sought out, and that child behaved in a "fearful" manner around Matheny, before he allegedly put the child into a headlock. When police told Matheny to stop, the statement said, he became aggressive toward them. His assault charge is based upon making a closed fist and attempting to punch a police officer.
Police ultimately found the child they had been looking for, and returned that child to their home. Exactly where and how they found the child has not been said, only that the child sought had been inside the Matheny residence.
Police have declined to answer a number of questions about the case. The Buchanan County Prosecuting Attorney's Office declined to comment about the case on Wednesday morning, leaving questions, including if Matheny faces kidnapping or other charges, as yet unanswered. Assistant Prosecuting Attorney Michael DeAngelis appeared Wednesday for the state before Spencer but made no statement.
"I won't be able to comment on any possible charges that could still be being investigated by the police (department)," Prosecuting Attorney Michelle Davidson said via email.
If Matheny is convicted on the single misdemeanor charge, he faces a sentence of up to one year in jail and a fine of up to $2,000. Credit is given for time served pre-trial.
Marcus Clem can be reached at marcus.clem@newspressnow.com. Follow him on Twitter: @NPNowClem