Sunday arrest produces assault-on-police charge

Apr. 23—Police went after a reported kidnapper on Sunday night, but the man they arrested isn't charged on any such offense, thus far.

Brett C. Matheny, 33, a South Side resident arrested that evening, has now received one misdemeanor charge following events that started with authorities being told there may have been a kidnapping involving a child.

Matheny is charged as of Monday by Michael DeAngelis, Buchanan County assistant prosecuting attorney, with assault in the fourth degree, coded under statute as a "special victims" alleged offense. No other charges have been filed, and Prosecuting Attorney Michelle Davidson did not respond to questions about whether there will be any.

In a probable cause statement prepared by the St. Joseph Police Department, Matheny is said to have been initially arrested in connection to reports of kidnapping, resisting arrest and assault on law enforcement. The kidnapping report, according to the probable cause statement, is based on a child being allegedly taken to the defendant's residence at about 10 p.m. Sunday.

Police observed the child's bicycle in front of the residence at 10:30 p.m. that night, the probable cause statement said. The statement said that officers contacted Matheny, who gave them permission to enter his home. Matheny, the statement said, then began to behave in an aggressive manner.

A child found inside the home, who is not the child police had been looking for, behaved in a fearful manner around Matheny, the probable cause statement said. Matheny then placed that other child into a headlock. The police said they told Matheny to stop this. A struggle ensued, prompting police to take Matheny to the ground. Matheny attempted to punch an officer at this time, the statement said.

Amid all of this, police located the child linked with the original kidnapping report and returned that child safely to their home. No threat to the public existed afterward, police said. There is no information about how exactly police located the child who went back home.

The "special victim" in this case is an SJPD officer, not a child. Matheny is held at the Buchanan County Law Enforcement Center pending an 8:15 a.m. Wednesday initial appearance before Judge Rebecca Spencer of the Buchanan County Circuit Court. Bond terms, if any, would be set at that time.

Because of the "special victim" label, Matheny's charge is filed as a Class A misdemeanor. As of Tuesday, he faces a maximum punishment of up to one year in jail and a fine of up to $2,000. A fourth-degree charge would otherwise be a Class C misdemeanor, with lower punishment limits.

Marcus Clem can be reached at marcus.clem@newspressnow.com. Follow him on Twitter: @NPNowClem