Schwan sentenced to six to eight years

After more than two hours of testimony, victim impact statements and attorney arguments Monday afternoon, Matthew Schwan was sentenced to six to eight years at the Wyoming State Penitentiary and fined $5,000 on a charge of aggravated vehicular homicide.

Following a three-day trial, on March 15, 2017 Schwan was found guilty of the charge, which stems from a May 14, 2016 incident during which Reilly Schwan was struck by a vehicle driven by Matthew following a night of drinking with others and an argument between them. Reilly was hospitalized, but taken off life support June 4, 2016.

Prior to sentencing, Schwan spoke to he and Reilly’s meeting, their relationship and the three children that comprised their family. He said the pastor of their wedding had never seen them so happy.

On May 14, 2016, Schwan said their lives changed when Reilly wound up pinned under the vehicle, and it was a true nightmare for him. He further added that he was wondering if it was all real and he'd lost his best friend and soul mate. He offered apologies to Reilly, as she would not be able to see her kids grow up, to the kids because they wouldn’t have their mother, and to Reilly’s family and all those close to her.

He asked the court for mercy, and for a sentence that would allow for healing and to care for his children. Likewise, Schwan’s attorney Richard Hopkinson had requested a term of supervised probation. Schwan stated there are others who could care for the children, but they’ve said nothing compares to their dad. He said he provides them with food, shelter, clothing and, most importantly, love.

However, Judge Robert E. Skar noted Schwan’s four convictions of driving under the influence, and said he should’ve taken those to heart and sought help. Instead, he again drove while intoxicated, which resulted in a loss of life. Though he considered probation, Skar said he cannot and would not pass such a sentence.

Skar further added the sentence should not be equated to the value of human life, for no sentence could be enough. He said if Schwan could truly change his ways, he would be out of prison in three of four years, and would be able to continue raising his kids.

Among those testifying at the sentencing were Reilly’s mother, Karen Hubele, who shared pictures of her daughter and described her as happy and independent. She testified there was a time when Reilly and Matt weren’t getting along. Karen further noted she spent quite a bit of time with her grandchildren, both during the time Reilly and Matt weren’t getting along and when they got back together.

Hubele said Matt was wonderful when he wasn’t drinking. It was a statement corroborated with others’ testimony, in a number of ways and recollection of incidents. Hubele said her daughter would call her, telling her Matt hit her and blamed it on night terrors. He also locked her out of the house on several occasions. Hubele testified she herself had gotten into an argument with Matt, and he hit her in the face and broke her glasses.

Hubele also recalled hearing from her daughter about a particular incident during the couple’s first year in their new home, in which Matt had become drunk and accusatory, and choked Reilly. In the time since Reilly’s death, Hubele testified it had become a huge battle with Matt, as well as his family, to be able to visit her grandchildren.

Also testifying was Jolan Sikes, who was there the night of Reilly’s death. Sikes said she considered Reilly to be one of her best friends, and Reilly would speak to her about Matt’s abuse. She recalled hearing of incidents in which he choked Reilly and dragged her down the stairs. She said she had seen Matt be violent, but not with Reilly.

Gary Sikes, who was also present the night of the incident, said he met Matt in 2010, and the two became close friends over the next few years. He said he’s seen Matt drink, and noted there is a huge shift in his personality, almost as if he were becoming another person, and he gets a look in his eyes like he’s somewhere else.

He also recalled an incident in which Matt became violent after Gary said a police officer had not violated Matt’s rights in a separate incident, though Matt believed the officer had.

Rebecca Blackhawk spoke to an incident in which she had been helping babysit the Schwans’ children, and after the couple returned home Matt was jokingly flirting with Blackhawk and another girl. Blackhawk said Matt had been loud and boisterous before coming into the home, and after Reilly told him he was being inappropriate he became violent to the point of choking her and striking her in the face. Though Blackhawk suggested calling the police, the friend with whom she was babysitting instead called her sister, who confronted Matt.

Blackhawk said she saw Reilly a few weeks later, and she seemed disappointed in Matt’s actions.

Kara Young testified she spent weekdays with Reilly and her children during a summer after Reilly had knee surgery. She further added the two had a close relationship and Reilly would confide in her, but never spoke to her about Matt abusing her. Young further testified Matt and Reilly loved each other very much, but she never saw Matt drunk.

Matt’s father, Timothy, testified Reilly’s death affected him greatly, and when her and Matt’s children were staying with them he would let Karen speak with her grandkids whenever she called.

Timothy said there were some years when Matt had to see a counselor, in his teenage years. He also stated Matt had night terrors since he was about 12 or 13 years old, and he struck someone with a baseball bat when he was about 14. However, he later testified the bat incident was the result of Matt trying to protect himself from other juveniles.

Reilly’s father, Mike, read an impact statement, and said the past year — Monday was just over a year since Reilly’s death — has been unimaginable for her family. They had been anxiously awaiting justice “for the killing of our daughter.” The gravity of the situation is still almost too much, he said.

Mike further added it is unfair and disgusting what Matt has done, playing the victim and blaming others, and it has done nothing but breed discontent and contempt. He said no sentence would make amends, and asked the judge to pass sentence without mercy.

Prosecuting attorney Jerry Williams said Matt does have good traits, but a real problem with substance abuse. As for the incident itself, Williams said it was repulsive for Matt to blame others for Reilly’s death, as he didn’t call 9-1-1 himself or even try to lift the vehicle off Reilly. Matt would say he’s the best person to have the children, Williams said, but it was him who killed their mother.

Hopkinson said a long sentence of imprisonment would not be deter Matt from further drinking, but instead put a burden on the state to keep another person in prison. He said Matt had been described as a good friend and father, and he has taken responsibility for his actions. He asked for a supervised release which would allow Matt to stay in the community and continue to make amends.