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Buis files for motion for release from jail
GREENCASTLE -- A motion for release from jail has been filed for a Van Bibber Lake man accused of killing his neighbor.
Matthew Buis, 40, is charged with Class A felony voluntary manslaughter in connection with the April 28 shooting death of Clifford Hulse, 57.
Buis was formally charged on April 29 in Putnam County Circuit Court. At his initial hearing, Judge Matthew Headley set Buis' bond at $100,000 cash only and assigned Public Defender Todd Sallee to the case.
A pretrial conference was held on June 24, and two court dates were set -- a final pretrial for Nov. 18 and a jury trial for Dec. 8.
On Aug. 4, Buis sent a letter to the court requesting a fast and speedy trial.
On Aug. 10, Sallee was removed from the case, and Public Defender Joel Wieneke took his place. In court on Aug. 26, Buis withdrew his fast and speedy trial request, and the December trial date remained on the docket.
On Oct. 21, the state filed a motion for a continuance.
"Court will grant state's motion to continue jury trial upon written acknowledgement by the state that to do so shall result in defendant's release, since defendant cannot be incarcerated more than six months pretrial pursuant to C.R. (criminal rule) 4," court documents said.
When Buis withdrew his request for a speedy trial in August, Wieneke told Headley he would not file a C.R. 4 challenge if the trial took place in December as scheduled.
On Monday, Wieneke filed a motion for Buis' release on his own recognizance.
On Thursday, the court gave the state 10 days to respond to Wieneke's motion.
Clifford Hulse was shot to death in the garage at his home. Court documents said Buis and Hulse lived across the street from one another.
Eyewitnesses told police that Hulse had been playing cards with two other men before the shooting occurred, and that Buis arrived at Hulse's home around 2 a.m.
An argument ensued, court records said, and Hulse ordered Buis off his property. It was at that point that Buis allegedly pulled a handgun from his pocket and fired two shots at Hulse -- one of which struck an artery, causing him to bleed to death.
Hulse was pronounced dead at the scene.
Buis has claimed that Hulse pulled a knife at him, and that he shot Hulse in self-defense. Buis told police he was trying to leave when the shooting happened. He also maintains he only fired one shot.
A Class A felony carries an advisory sentence of 30 years in prison. The minimum sentence is 20 years, and the maximum is 50 years.