Monte Rio man sentenced for murdering partner
Judge imposes term of 36 years to life
Published: Thursday, August 20, 2009 at 5:45 p.m.
Last Modified: Thursday, August 20, 2009 at 5:45 p.m.
A Monte Rio man convicted of murdering his partner with blows to the head with a heavy lamp was sentenced to 36 years to life in prison on Thursday.
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Bret Matz
Bret Matz, 47, testified on his own behalf during the July trial, telling jurors that he killed Robert Guess, 46, in self-defense during an three-hour, alcohol-fueled fight inside their hilltop home on Jan. 1.
The couple's eight-month relationship was marked by several instances of domestic violence, apparently from both men.
During a brief sentencing hearing Thursday, Matz tearfully said he loved Guess and misses him.
Matz was charged with first-degree murder, but jurors were allowed to choose among lesser charges including second-degree murder or manslaughter. The six-woman, six-man jury deliberated about eight hours over three days before determining he was guilty of second-degree murder.
It carries a sentence of 15 years to life in prison. But an old arson conviction on Matz's record counted as a “strike” under the state's Three Strikes law, doubling that portion of the sentence.
Judge Julie Conger added another five years for the arson as a prior prison conviction and one year for the use of a deadly weapon.
“There wasn't a lot of discretion,” said Matz's attorney, Jenny Andrews. “It was either 21 to life or 36 to life.”
In an emotional day on the witness stand during his trial, Matz testified that Guess had thrown a heavy stone at him and tried to crush him under a 500-year-old decorative abbey door before he grabbed a heavy table lamp and struck back.
He admitted striking Guess three times in the head with the 4 1/2-pound metal lamp, causing Guess to fall on their bed with lethal injuries. Matz said he suffered serious injuries in the fight, too, but a medical exam before he was booked into jail didn't find any major injuries.
Guess' body was discovered on the morning of Jan. 2, after a drunken Matz walked into town and told a shopkeeper he'd killed his partner. Several witnesses testified that Matz appeared inconsolable and suicidal.
Monte Rio residences and emergency workers testified that both men had tempers when they drank and that both occasionally had been seen with black eyes.
Last year, Matz was charged with stabbing Guess with a cake server after another argument. The case was dropped when Guess declined to pursue the case. Matz testified that Guess stabbed him with a fork during the same incident.
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