After being denied by circuit judge for bond, Eugene Matthews takes his request to appeals court

Eugene Matthews, charged with the fatal shooting of his best friend’s ex-wife, has filed a petition with the Second District of Appeals of Florida in an attempt to be released on bond as he awaits trial.

Matthews, 83, is charged with second-degree murder with a firearm and two counts of attempted murder. If convicted, he could face up to life in prison.

He is set to stand trial during the two-week trial period that begins July 31.

On Wednesday, defense attorney Richard Reinhart filed a petition for habeas corpus with the Second District Court of Appeals asking the circuit court to set a reasonable bond of $300,000 total for Matthews.

The Florida Attorney General’s Office has been ordered to respond by the appeals court.

Matthews has been held without bond at the Manatee County jail since his arrest on night of the shooting, Jan. 10. In April, Matthew’s defense attorney in his criminal case, David Rieth, argued that he has grounds for a stand-your-ground defense and requested that bond be set.

The state argued for Matthew’s pretrial detention based on Matthews’ own statements at the scene and to detectives and evidence in the case, the case meets the standards under the Arthur rule, required in a 1980 Florida Supreme Court ruling that allows for a defendant to be held in pretrial detention without bond if “the proof of guilt is evident and the presumption of guilt is great.”

Reinhart disagrees there is overwhelming evidence of Matthews’ guilt, he told the Bradenton Herald on Thursday.

“Even if there was, the court still has the discretion to set bond,” he said.

In the 13-page petition, Reinhart argued the state has failed to establish that burden.

“How could it when Florida law presumes the petitioner was justified in shooting the victims,” Reinhart wrote.

On Jan. 10, Matthew’s best friend’s ex-wife, Rebecca Rawson, along with her brother-in-law and daughter showed up at Matthew’s home unannounced in an attempt to get her ex-husband’s dog back.

Based on their investigation, detectives have said that Rawson’s brother-in-law knocked on the door and when Matthew’ girlfriend answered, he called the dog, the dog came, he picked it up and turned to leave. It was reportedly then that Matthews came out shooting and the three attempted to flee but crashed into a fence.

One bullet struck the windshield, fatally wounding Rawson.

But the appeal contests, as did Rieth in April, the prosecution’s account of the events and says that Rawson’s brother-in-law kicked the door and when Matthew’s girlfriend unlocked and began to open it, he forced his way into the home, knocking her backwards, the petition states. He then grabbed the dog and the three left.

At the April hearing, there was also disagreement about whether damage to the car they were riding was consistent with them crashing into they gate when they introduced unannounced as the defense states, or crashing into the gate as the alleged backed out of the property in an attempt to flee as detectives and the prosecution states.

“Thus, the issue in this case is clearly one of justification,” Reinhart wrote in the petition. “How a trial court can rule that the proof of guilt is evident or the presumption is great in a case that turns on whether the shooting is justified defies logic.”

The petition also argued that the court should consider Matthews’ age, that he is a Korean war veteran, he has lived in Manatee County for 80 years, he has strong family ties, long-term residence in Florida, a steady employment history and no criminal record in setting reasonable bail.

This story was originally published July 6, 2017 at 6:51 PM with the headline "After being denied by circuit judge for bond, Eugene Matthews takes his request to appeals court."