Friday, Sept. 23, 2005 | 11:06 a.m.
Prosecutors this morning dropped the murder and attempted murder charges that a 20-year-old Iraq war veteran had been facing and will dismiss all remaining charges against him if he completes two therapeutic programs and stays out of trouble.
Matthew Sepi used an assault rifle to kill 47-year-old Sharon Jackson and wound 26-year-old Keven Ratcliff on July 31 in an alley behind the 200 block of New York Avenue. He said he fired in self-defense after being threatened by them, and police found a 9mm gun at the scene and evidence that it had been fired. Sepi's lawyers alleged that it had been fired at Sepi.
Under the terms of the plea bargain struck with prosecutors, Sepi will plead guilty to one count each of felony possession of a dangerous weapon and a gross misdemeanor charge of possession of a concealed weapon.
But if Sepi completes a 90-day drug and alcohol program in Prescott, Ariz., as well as a seven-week combat trauma therapy program in Topeka, Kan., and commits no violent crimes during that nearly 5-month-long span, his case will be dismissed.
If Sepi fails to complete the programs he will be sentenced for the gross misdemeanor and could be placed on probation or serve up to a year in jail.
If Sepi commits a violent crime he will face punishment for the felony possession of a dangerous weapon charge. The charge, in his case, is punishable by probation or 1 to 5 years in prison.
Chief Deputy District Attorney Chris Owens said it had been clear from the beginning of the case that Sepi acted in self-defense and the resolution of the case was an example of the balance of justice the district attorney's office always hopes to achieve.
"Prosecutors are charged with doing what is fair and just," Owens said. "Unfortunately someone was killed and another injured but the totality of the facts and evidence in the case shows the two victims were lying in wait and fired first."
While authorities determined that the shooting was justified, they also believe Sepi needs counseling not just for his own benefit but to ensure the community he will not be carrying a firearm around the streets in that manner again, Owens said. Sepi's attorney, Deputy Public Defender Nancy Lemcke, said "the ultimate dismissal of the charges is a very fair resolution."
"I cannot thank them (Veterans Affairs) enough and they should really be commended in how they have gone out of their way to get programs for Matt that suit his specific needs," Lemcke said. "If not for Veterans Affairs, who knows what we would have been able to do for this kid by way of treatment because he's indigent.
Lemcke said Sepi will "be out of custody in a week and half and is going home" before entering the programs. Lemcke said his family has been very involved in the case and is looking forward to having Sepi home.
Sepi, who is 5 feet 3 inches tall and weighs 120 pounds, served with the 4th Infantry Division from Fort Hood, Texas, said Nancy Bouget, spokeswoman at Fort Hood. Sepi served in Iraq for roughly a year.
Lemcke thanked members of Sepi's unit who she said were "incredibly supportive and made several calls to offer their concern, support and kind words about Matt (Sepi)."
While in Iraq, Sepi spent most of his time in Balad, Iraq, about 60 miles north of Baghdad, but had performed missions throughout all of Iraq, including along the border of Iran, according to Shay Price, 27, who was an infantryman in the same unit as Sepi.
Price said the unit conducted many missions together, including raids and searches on Iraqi houses to find suspected insurgents.
The U.S. Army Human Resources Command released information confirming that Sepi served in Iraq with the Army. He received numerous awards, including the National Defense Medal and Global War on Terrorism Expeditionary and Service medal.
Sepi was discharged in May.
According to the Metro Police report about Sepi's arrest, he told police he had been walking to a 7-Eleven on Fairfield Avenue to purchase beer and to get there he walked through the adjacent alley. He told police he armed himself with an assault rifle because an unidentified individual had threatened him with a knife the previous night while he was walking through the alley.
Jackson and Ratcliff allegedly were in the alley as Sepi walked to the store but did not confront the veteran. Sepi then proceeded to the store, where a man bought him two cans of beer for $5, according to the police report.
It was while Sepi was returning to his apartment, drinking a beer, that he encountered Jackson and Ratcliff.
According to the police report, Jackson and Ratcliff allegedly "began yelling for him to get out of the alley." Sepi told police that he saw Ratcliff holding a handgun and that Ratcliff fired in his direction.
Sepi pulled out his assault rifle and fired several shots at the victims, who then fell to the ground, the police report stated.
Police recovered six shell casings of the rifle ammunition as well as three spent 9mm casings at the scene, according to the report.
Sepi had been nervous since returning from Iraq, he told police. Little things would often startle him. When he was working as a day laborer and a pallet fell to the ground, he was "so startled by it, he could not function for an hour," he told police.
Police noted in their report that Sepi was "visibly upset, and was very emotional while speaking about the incident in the alley and his military time in Iraq."
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