Cortez Journal

Gray pleads guilty to reckless manslaughter

May 4, 2000

By Matt Gleckman

Matthew David Gray, who in February surrendered to police following the shooting death of Kenneth Wayne Dugan III, pleaded guilty Tuesday to reckless manslaughter at a preliminary hearing in District Court in Cortez.

Gray, 23, of Cortez, remained at large for several days following Dugan’s slaying and could now face as many as 12 years in prison and as much as $500,000 in fines for the class 4 felony charge.

Presumptive terms, however, range from two to six years in a correctional facility plus fines, said Judge Sharon Hansen in court Tuesday.

A Montezuma County Sheriff’s Office report stated that a warrant for Gray’s arrest was issued February 13 on the charge of second-degree murder.

District Attorney Mike Green said, however, that the second-degree murder charge was later amended to add the charge of reckless manslaughter as more evidence was brought to the case.

"Second-degree murder says that you unlawfully, feloniously, knowingly caused the death of another person but not after deliberation," Green said. "Manslaughter means that you unlawfully, feloniously and recklessly caused the death of another person."

The District Attorney explained that with reckless manslaughter, a person may fire a gun without the intent to hit anybody, but hit someone anyway. "It’s a lot like reckless driving," Green said. "A person is not in control of their actions."

An affidavit that had previously been sealed by Hansen requesting an arrest warrant for Gray quoted witnesses who were at the shooting scene, 15400 County Road 25 in Cortez, as saying several verbal and at least two physical confrontations took place both inside and outside the mobile home between different parties throughout the night.

The affidavit reported that Kenneth Dugan went to the mobile home along with three acquaintances, at the request of his ex-wife, Lindy Kennedy Dugan, to evict Douglas Jay Hackett. Gray, along with his girlfriend, Shana Dawn Fletcher, also lived on the property in a camp trailer behind the mobile home.

Jeff Libertus, one of the men enlisted to help evict Hackett, stated that at one point during the night Dugan got into an argument with a woman — asking her to pack her things and leave the premises. Libertus then heard the female say "Where’s my (expletive) gun."

Libertus, who was standing next to Dugan at the time, then heard a shot fired and felt Dugan slump against him.

According to the affidavit, the three witnesses then noticed a red stain forming on Dugan’s chest and began to administer emergency first aid while loading him into a pickup bound for Southwest Memorial Hospital. Dugan was later pronounced dead from the gunshot wound.

Upon later review of the 911 call made by Lindy Dugan from the mobile home, police could hear a person in the background saying, "It was Matt ... It was Matt." Lindy Dugan then informed 911 dispatch that Matt Gray was the possible shooting suspect.

Witnesses later said that Gray rushed away from the scene of the slaying along with three other individuals in a dark blue truck with New Mexico plates.

On February 10, Cecil Hackett — Gray’s cousin and another witness to the shooting — told Lt. Terry Steel that he witnessed Gray sitting in the driver’s side of his (Gray’s) truck parked next to the trailer being assaulted by several people. Hackett identified one of those people as Kenny Dugan, the affidavit stated.

At that time, a shot was fired and everyone scattered from the truck, Cecil Hackett said in the report.

Cecil Hackett related to Steel that Gray told him that he (Gray) shot Kenneth Dugan "in the gut," the affidavit said.

Following the witnesses’ narratives, Montezuma County Judge Christopher Leroi on Feb. 11 ordered search warrants for the mobile home, trailer and a 1990 GMC truck located at 15400 County Road 25. While searching the area, detectives Steve Harmon and Hugh Richards located a backpack containing an I.D. and other papers belonging to Gray as well as a magazine for a 9mm handgun.

Further search by the detectives revealed miscellaneous drug paraphernalia including pipes, a bag containing syringes, a torch, drug residue, pagers and paperwork.

The officers also found a number of weapons and ammunition including a Smith & Wesson .38 Special handgun, .38 Special ammunition, several live and spent .22 bullets, a 9mm casing, 9mm bullets, a 380 magazine, a box of 380 ammunition, several 40 cal. rounds, three boxes of 7.62 ammunition, several beer cans, and a number of miscellaneous items.

In his report, Harmon informed the sheriff’s office that a bullet hole found on the outside of the camp trailer was consistent with where Dugan had been shot and appeared to have been fired from where Gray’s pickup truck was parked.

Gray will be held at the Montezuma County Jail until his sentencing date on June 27. Before that time, investigators will interview Gray to determine if probation will be a possibility.

Green said that a person has the right to withdraw his plea, depending on certain circumstances. "In his (Gray’s) case he can withdraw his plea if he doesn’t get jail and long-term probation," Green said.

If Gray disagrees with the judge’s sentencing, he could withdraw his plea and request a pre-trial conference and "we would have to start all over," Green said.

Copyright © 2000 the Cortez Journal. All rights reserved.
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