A Doniphan man preempted his upcoming murder trial by pleading guilty Tuesday afternoon to a lesser charge in connection with the 2016 shooting death for his testimony in the case.
Accompanied by his attorney, Ted Liszewski, Matthew Brandon Bruce appeared before Presiding Circuit Judge Michael Pritchett after the state, represented by Special Prosecutor Steve Sokoloff, filed an amended information with the court, charging the 31-year-old with the Class B felony of voluntary manslaughter.
Bruce is accused of knowingly causing the death of Jonathan Tarvin by shooting him "under the influence of sudden passion arising from adequate cause" on April 26, 2016, in Ripley County.
The charge, according to Sokoloff, carries a minimum punishment of five years to a maximum of 15 years in the Missouri Department of Corrections.
Pritchett then went over Bruce's rights, including his right to have a jury trial in his case.
That trial, Pritchett said, was set for June 6 to 8 in Ripley County. He was to be tried on the Class A felony of first-degree murder, the unclassified felony of armed criminal action and the Class D felonies of tampering with physical evidence and abandonment of a corpse.
"Are you pleading guilty to the amended charge because you are, in fact, guilty," Pritchett asked.
"Yes, sir," Bruce replied.
When asked what the state's recommendation was regarding sentencing, Sokoloff told the court it was a "conditional recommendation."
The state, he said, agreed to reduce the Class A felony to the Class B felony if Bruce "testifies truthfully" at Michael Harris' trial, which is set to begin June 25 in Stoddard County.
Harris is to stand trial on the Class A felony of first-degree murder, the unclassified felony of armed criminal action and the Class D felonies of tampering with physical evidence and abandonment of a corpse in connection with Tarvin's death.
If Bruce testifies, Sokoloff said, the state will recommend a nine-year sentence.
Bruce answered affirmatively when asked if that was his understanding of the deal.
"How do you plea to the amended charge ..." Pritchett asked.
"Guilty," Bruce replied.
Sokoloff then was asked to outline what the state's evidence would have been had the case gone to trial.
" ... the state would have been prepared to provide that on April 26, 2016, in Ripley County, the defendant was at his aunt's house at Doniphan," Sokoloff said. "There were a number of family members there."
Also in attendance, he said, were Tarvin and Harris.
When Bruce arrived, Sokoloff said, there was an argument going on between Tarvin and Harris.
Sokoloff said Harris was telling Tarvin he needed to leave.
Shortly thereafter, Sokoloff said, Harris told Tarvin to get into his truck, and they (Harris and Bruce) were going to take him back to where he been staying prior to his living with Bruce's aunt.
"They left and went to the house of the defendant," Sokoloff said.
Bruce, he said, went inside his house, and when he came out, Harris had Tarvin kneeling and shot him in the head with a black-powder revolver.
Tarvin's body, Sokoloff said, then was dragged to a (wood) slab pile and covered with slabs.
"Mr. Tarvin in his earlier life had been convicted of child molestation," Sokoloff said. "Mr. Harris was not happy with him living with Mr. Bruce's aunt, who was then Mr. Harris' mother-in-law.
"It was all about making him leave."
When Pritchett asked Bruce if he agreed with the state's account and if that was "what you did," Bruce responded yes.
At that point, the court accepted Bruce's plea as having been made freely, voluntarily and with a full understanding of the consequences.
Liszewski said the defense would waive having a sentencing assessment report be completed by Probation & Parole.
Pritchett set sentencing for 1 p.m. July 10.