A man charged with murder filed for a State Memorandum to be stricken from the court record on Tuesday.
Matthew Wolfe, 46, was charged with murder, grand theft, tampering with evidence and aggravated trafficking in drugs stemming from an incident that took place July 21 in Chauncey.
Wolfe allegedly shot and killed Craig Oxley, 41, of the Pine-Aire Village near The Plains. Prosecutors say Wolfe stole the firearm used to kill Oxley and tried to impair the firearm after the incident.
Wolfe filed a motion for disclosure of all evidence favorable to him Jan. 3 in the Athens County Court of Common Pleas.
As part of this motion all of the evidence in the case would be considered the defense’s evidence, according to court document.
The State filed a memorandum countering that motion Feb. 28 asking the court to deny the defendant’s motion.
The State’s Memorandum in Contra says that the defendant’s memorandum in support of his motion is flawed and misleading. The State said Wolfe’s motion was flawed because he is asking for more information than what is needed for the case, according to court documents.
Wolfe filed a motion to strike the state’s memorandum from the court record March 1, citing that it was not filed in a timely manner, according to court documents.
Tampering with evidence and grand theft are third-degree felonies. Aggravated trafficking in drugs is a fourth-degree felony. Wolfe could spend a maximum of 11 years and six months in prison and pay a maximum fine of $25,000 if convicted of all three charges, according to the Ohio Revised Code.
Murder is a “special felony” and carries a sentence of 15 years to life in prison and a maximum fine of $15,000.
Neither Judge L. Alan Goldsberry or the State has yet to issue a response to the motion.