Matthew Spry appeared on November 3, 2023, in the New River Township Justice Court in Fallon, with Judge Ben Trotter presiding on charges related to the alleged sexual assault of a child under the age of 14.
The original Criminal Complaint against Spry was filed on May 22, 2022, leading to a warrant for his arrest with bail set at $400,000 bond. An Amended Criminal Complaint was filed on August 12, after which the bond was increased to $600,000. Finally, a Second Amended Complaint was filed on November 10, 2022, which included more charges of a similar nature.
The Criminal Complaint included the following allegations, all punishable by life in prison with the possibility of parole, with eligibility after a minimum of 10 years.
Count 1: Lewdness with a Child Under the Age of 14, a Category B Felony It pertains to an incident when the victim was eight years old.
Count 2: Sexual Assault on a Child Under the Age of 14, a Category A Felony, occurred when the victim was ten years old.
Count 3: Sexual Assault on a Child Under the Age of 14, another Category A Felony, happened when the victim was ten years old.
Count 4: Another Category A Felony of Sexual Assault on a Child Under the Age of 14 occurred when the victim was ten years old.
On October 5, 2022, Reno defense attorney Paul Wolfe, Esq., announced his representation of Spry. An extradition order was filed due to Spry living in Arizona, resulting in his subsequent arrest on October 28 last year.
Spry's initial arraignment was set for October 29, 2022. However, Spry waived his right to a 72-hour arraignment and a preliminary hearing within 15 days. A preliminary hearing, in which a judge would determine if there's enough evidence for the state to prosecute the case. After several continued hearings, a preliminary hearing was scheduled for February 10, 2023.
However, before that hearing could occur, Wolfe withdrew as counsel as Spry cited his inability to retain counsel. The case was transferred to Churchill County Public Defender Jacob Sommer and waived to District Court. However, on May 24, before a preliminary hearing could occur, District Courted filed an Order Setting Aside Waiver of Preliminary Hearing, and the case was remanded back to Justice Court, effectively restarting the process. Spry once again waived his right to a preliminary hearing within 15 days.
Just over a year after his arrest, Spry’s preliminary hearing was finally held. Deputy District Attorney Priscilla Baker and Senior Deputy Chelsea Sandford represented the state, with Churchill County Public Defender Jacob Sommer representing Spry.
Multiple witnesses were called, including Kimberly Meyer, an experienced Reno child forensic interviewer, and Churchill County Sergeant of Investigations Rudy Maynez. The individual to whom the victim disclosed the alleged abuse also testified, stating that the victim approached her three years ago, expressing fear about seeing her dad. She then reported the incident to local law enforcement in Winnemucca. Due to the victim’s age when the incidents were alleged to have occurred, a significant portion of the hearing, which included the parts of the victim’s interview with Meyer, was closed to the public.
Spry, exercising his right to do so, elected not to testify during the defense’s presentation of the case. Additionally, Sommer highlighted potential challenges for the state's case that are likely to resurface if the case goes before a jury.
Judge Trotter found probable cause based on the facts and testimony presented by the state, despite Sommer's assertion that the case failed to meet their burden of proof. Preliminary hearings are challenging for defendants to win, with cases typically proceeding to the next phase of the legal process. It's essential to note that no determination of guilt or innocence is made at a preliminary hearing.
At the hearing's outset, it was disclosed that a plea offer was extended to Spry before Sommer's appointment, but the DA's Office stated that no plea offers are currently on the table. The case was again waived to the Tenth Judicial District Court to be heard by Judge Thomas Stockard.
Spry has not entered a plea in this case, and he is constitutionally protected by due process and the presumption of innocence.
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