Buis withdraws speedy trial request
GREENCASTLE -- A Van Bibber Lake man accused in the April shooting death of his neighbor was in Putnam County Circuit Court Thursday, where he withdrew a request he had made for a speedy trial.
Judge Matthew Headley set a trial date of Dec. 8 for Matthew Buis, 40, who has been charged with Class A felony voluntary manslaughter in connection with the death of Clifford Hulse, 57.
Any plea agreements in the case must be filed by Nov. 18, the date of Buis' final pretrial conference.
On Aug. 4, a letter from Buis was filed with the court. In that letter, Buis requested a fast and speedy trial.
On Thursday, Headley asked Buis if he wished to rescind that request.
"Yes sir, I do," Buis said.
Public defender Todd Sallee was originally appointed as counsel for Buis. On Aug. 10, Sallee was replaced by Joel Wieneke.
Headley asked Wieneke if setting the trial for December would cause Wieneke to file a Criminal Rule 4 challenge (CR 4 guarantees all defendants in Indiana courts the right to a speedy trial). Wieneke said it would not.
In court Thursday, Buis complained about how he was being treated in prison.
"Why do I have 23 hours on lock down and one hour out per day?" he asked. "I've never been convicted of a violent offense."
Headley said he didn't know, but that he would contact Putnam County Sheriff Steve Fenwick about the matter.
"I don't really have any say so about (Fenwick's) policies," Headley said. "There may be certain risk assessments I'm not aware of. I don't know the answer to that right now."
Hulse was killed in the garage of his home on April 28. According to court documents, Buis and Hulse were neighbors who lived across the street from one another.
An eyewitness told police he had been playing cards with Hulse and another man before the shooting occurred. He said Buis arrived about 2 a.m., and that Buis and Hulse began arguing some time later.
Hulse allegedly ordered Buis off his property. Buis refused, court documents said, and when Hulse stood up to face Buis, Buis pulled a handgun from his pocket, court documents said. Hulse picked up a filet knife from a picnic table, and Buis fired a shot in the air over Hulse's head.
Buis fired a second shot almost immediately, the witness told police, and Hulse was struck and fell to the ground. The witness said Buis shot at Hulse from approximately 15 feet.
Hulse was pronounced dead at the scene.
An autopsy report listed the cause of Hulse's death as a single gunshot wound to the mid-chest. The bullet struck an artery and Hulse bled to death.
Buis has maintained he shot Hulse in self-defense -- that he was trying to leave Hulse's garage when the shooting occurred and that he only fired one shot.
Witnesses refute all Buis' claims.
A Class A felony carries an advisory sentence of 30 years in prison, a minimum sentence of 20 years and a maximum sentence of 50 years.
Buis has been in jail since his arrest. His bond is set at $100,000 cash only.