Intoxication isn't a defense for shooting someone, county prosecutors said yesterday. It's still murder.
That's why they want a local man behind bars for nearly forty years, said Assistant County Prosecutor Keller Blackburn. They say the man, Matthew Culbertson, 26, of 4131 Rhoric Road, drunkenly shot a female acquaintance at a New Marshfield house this weekend.
Choosing to drink makes a person responsible for the result of that choice, Blackburn said.
A grand jury indicted Culbertson Monday with felony murder, two counts of felony involuntary manslaughter, one count of felony reckless homicide, four counts of felony assault and one misdemeanor count of having a weapon while intoxicated. The felonies also include a gun specification, which claims Culbertson used a gun to commit the crimes. This could add three years total to Culbertson's combined sentence.
Culbertson could spend a maximum of 38 years in prison if convicted of all charges.
Sheriff's deputies responded to the New Marshfield house around 3:30 p.m. Saturday and found Jerri L. Vernon, 22, with a gunshot wound to the abdomen. Vernon died less than an hour later at O'Bleness Memorial Hospital.
The murder and manslaughter charges all stem from Vernon's death but are of different degrees. With those charges, prosecutors claim Vernon died because of Culbertson's other crimes, such as pointing the gun at her and firing it while drunk.
If he is convicted of multiple murder and manslaughter charges, Culbertson will serve the sentence from only the most severe count because the other charges are lesser charges related to the same action. This means that if Culbertson is convicted of all charges, he will serve the sentences for only the murder, felonious assault charges and the gun specification, which amount to 38 years.
Prosecutors do not claim that Culbertson intended to kill Vernon and say they don't know his state of mind when he pulled the trigger. If he intended to kill Vernon, Culbertson would be guilty of aggravated murder, a more severe charge.
Other media outlets have reported that Culbertson talked to Vernon before pulling the trigger. However, neither prosecutors nor police would give specifics about the
conversation.
Culbertson's words to Vernon don't matter, said Athens County Sheriff Pat Kelly, who added, The point that matters is that he pulled the trigger and she's dead.
Deputies arrested Culbertson and took him to the Southeastern Ohio Regional Jail, where he remains on $10,000 bail. He will return to court Thursday morning for his
arraignment.
Culbertson didn't have a criminal record at the time of his arrest, Kelly said. He added that his office issued Culbertson a concealed carry permit in September 2009 and Culbertson wouldn't have been eligible for the permit if he had any type of record.
Libby Cunningham contributed to this report.
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Frank Thomas
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