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Fillmore man charged with 5 felonies for Clay County incident

Wednesday, September 16, 2009

BRAZIL -- The Clay County Prosecutor's Office filed formal allegations Tuesday against a man involved in a shooting incident near Center Point Sept. 10.

Matthew A. Aubrey, 25, Fillmore, was charged with five total counts -- including attempted murder, a class A felony.

"Thursday, Sept. 10, was a long day in Clay County," Prosecutor Lee Reberger said about the incident. "More serious charges were justified."

On Thursday, Aubrey got into an altercation with Frank L. Ford, 34, Terre Haute, after entering his estranged wife Jayme Aubrey's Center Point home illegally.

During the altercation, Aubrey allegedly shot Ford multiple times with a .22-caliber rifle. Ford fled the residence to call 911 at a neighboring home and was later transported to Wishard Hospital, Indianapolis.

Aubrey then barricaded himself in the home, located at 1976 North County Road 350 East, and held his wife hostage for close to two hours before letting her go without injury.

Approximately two hours after letting Jayme go, Aubrey voluntarily surrendered to authorities.

At Tuesday's press conference, Reberger said Ford has since been released from the hospital and is recovering.

Appearing in Clay Superior Court Tuesday via videoconference, Aubrey was visibly shaken, as Judge J. Blaine Akers read the felony charges.

In addition to the attempted murder felony charge, Aubrey was charged with class A felony Burglary resulting in bodily injury, class B Criminal confinement, class B Aggravated battery and class C felony Criminal recklessness.

According to state statute, if convicted of a class A felony, the highest charge filed against Aubrey at this time, the potential sentence issued by the state for a guilty conviction/plea agreement ranges from 20-50 years in prison (the advisory sentence is 30 years).

The potential sentence for a class B felony ranges from 6-20 years in prison (the advisory sentence is 10 years), with a class C felony conviction ranging from 2-8 years in prison (the advisory sentence is 4 years). A class A-D felony charge also carries up to $10,000 fine each.

Reberger said the charges were filed after many determinations were made regarding the case.

"We determined (Aubrey) was not residing at the residence and he had been served with a protective order," Reberger said. "These were the appropriate charges to pursue. Law enforcement acted appropriately throughout.

"We must wait and let the investigation carry its way through."

If convicted, Reberger said, more than likely, Aubrey's sentences would run concurrent.

Despite being charged with a class A felony, research by the prosecutor's office has determined that Aubrey is eligible for bond. Aubrey has been incarcerated at the Clay County Justice Center on an initial $250,000 bond with no 10 percent allowed.

However, Reberger stated various reasons the bond should remain the same when Aubrey requested the court about it. The most important being Aubrey's residence.

"We have been able to confirm Aubrey's residence outside the county," Reberger told the court. "Which we believe makes him a flight risk."

Citing the gravity of the charges in the case, Akers agreed the bond amount would remain the same.

When asked to enter a plea in the case by Judge Akers, Aubrey requested to speak with an attorney before doing so. Deemed partially indigent by the court, Matthew Effner, Terre Haute, was appointed as Aubrey's defense attorney.

Aubrey asked the court what the procedures were for filing a defense of "not guilty by reason of (temporary) insanity." Akers, who is only allowed to answer administrative questions concerning the case, told Aubrey that was a discussion he should have with his attorney.

However, Akers informed Aubrey that, due to the nature of the case and his potential intentions for a defense, other attorneys could be assigned to the case to ensure a proper defense and his constitutional rights were upheld.

Throughout the videoconference proceedings Aubrey's anxiety and stress level became more prevalent.

When asked about his medical condition, it was learned two medical evaluations have taken place on Aubrey since he has been incarcerated. Aubrey also told the court he has a prescription for medication, but did not know what it was. Akers requested a third medical evaluation be done as well. Jail officials confirmed they would attempt to acquire Aubrey's medical records.

In addition, Akers issued a no contact order on behalf of the alleged victims in the incident against Aubrey.

A pretrial hearing is tentatively scheduled for 1:30 p.m., Monday, Oct. 19. A jury trial has been tentatively scheduled for 1:30 p.m., Feb. 1, 2010.

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he had been served with a protective order but said nothing about divorce papers. They should mot of been together in the first place.

Aubrey shot the man 3 times and didn't really hurt him if he is out of the hospital so soon , that it self is a crime. love gone bad. should of got divorce before cheating on hubby TRASH

-- Posted by Sand mann on Wed, Sep 16, 2009, at 8:28 AM

Do the crime, Do the time! Good thing this guys aim sucks!

-- Posted by Redsonia on Wed, Sep 16, 2009, at 1:46 PM

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