Attorney blames State for ‘miscarriage of justice’ that landed 20 year-old in prison
June 17, 2019
After being convicted of rape in juvenile court at the age of 16, Matthew Shelton, now 20, was beginning to live his adult life free of crime.
He was renting a place of his own from a family friend until his father “sunk his ship” in April by telling the landlord he is a sex offender, defense attorney Keith Edwards said in court Monday.
Since he was convicted as a minor, Edwards said Shelton was not required to inform his landlord of his status.
The landlord immediately told Shelton to leave the property, giving him two days to find a new place to live.
Not knowing his rights as a renter, Shelton packed up his belongings and moved in with his adopted father in East Liverpool, Ohio.
When he arrived, Shelton contacted the Columbiana County Sheriff’s Office to notify them of his move. That’s when he was informed he must also tell the Muskingum County Sheriff’s Office, so Shelton left them a message letting them know where he was and how he could be contacted.
“Then they arrested him and charged him with a first-degree felony,” said Edwards.
It’s a charge that comes with a mandatory minimum sentence of three years in prison with no exceptions. One that both the prosecution and defense recommended to the judge as opposed to the maximum 11 year sentence.
Still, Edwards took his moment to make public what he believed was a “travesty of justice” on the prosecution’s end.
Edwards explained that legislatures who wrote the statute can’t cover every circumstance for failing to register as a sex offender, so it’s the responsibility of prosecutors to use their discretion when advancing the case.
In Muskingum County, Edwards said prosecutor’s say it is their job to seek justice.
“You didn’t find it in this case,” said Edwards.
According to Edwards, his client gave authorities notice in a timely fashion, but because it wasn’t 20 days prior to moving, Shelton’s next place of residency will be prison.
“He’s convicted of the same level of offense that he would be if he had raped somebody, committed manslaughter, burglarized someone’s home or robbed somebody with a deadly weapon,” said Edwards.
Defenseless against the law, Edwards said there was nothing he or the judge could do to help Shelton avoid a sentence he felt was unjust.
“This miscarriage of justice is on the Muskingum County Prosecutor’s Office,” said Edwards. “Congratulations on getting this conviction. I hope you sleep well at night.”
Judge Mark Fleegle looked to Shelton and said it was the first time in 20 years he’s been called an innocent participant.
Fleegle said Edwards was right about his inability to lessen the sentence or make it not mandatory.
Shelton was sentenced to three years in prison for failing to register as a sex offender. When he completes his sentence, Shelton will also be ordered to a mandatory five years of post-release control.
Mike G • Jun 17, 2019 at 9:26 pm
@mark epler: “His victim has to live with the memory and nightmares from his actions for life.” So you know his victim? or you’ve talked to her? How old is she? Was she dragged into the bushes and viciously assaulted, or was it two kids in the back seat at a drive-in movie? We would like to know the facts and the source of your information before we concur “He’s still getting less than what he deserves.”
Coco • Jun 17, 2019 at 8:21 pm
Looks like this poor guy is getting more time for missing some stupid deadline than he did for his original offense (convicted at 16 – offended at 15, when he himself was a CHILD?).
Something that would never even come into play had he merely killed or beaten into a bloody mush his victim?
What a complete and utter fustercluck this whole registry has become! Time to get rid of it, once and for all.
Mary • Jun 17, 2019 at 5:01 pm
I have always said the law enforcement and the courts can and will do whatever they want. Such BS. As for this guy’s so called dad, well what goes round comes around. Poor excuse for a parent.
mark epler • Jun 17, 2019 at 4:32 pm
Is his attorney really thinking we should feel sorry for him? His victim has to live with the memory and nightmares from his actions for life. So no sympathy here. He’s still getting less than what he deserves.