Delaware Co. Judge: Man convicted in 1991 murder to serve remainder of sentence on probation
Nov 07, 2024
MUNCIE, Ind. -- A Delaware County judge recently ruled that a man who has spent decades in prison on a murder charge can be released and placed on probation.
According to the Delaware County Prosecutor's Office, Delaware County Judge Kimberly Dowling granted a motion for sentence modification filed by 51-year-old Matt Stidham after a new law amended a portion of the Indiana Code which allowed Stidham to petition for a shorter sentence.
Matt Stidham
Dowling granted Stidham's motion after two hearings surrounding the request occurred on July 8 and on Aug. 9. Under the motion, Stidham will now serve the remainder of his sentence, more than six years, under supervised probation.
How did we get here?
Stidham was convicted after he took part in the stabbing of Daniel Barker in 1991 when he was 17 years old. According to previous reports, Stidham, along with a group of friends, were gathered at Barker's apartment when initial horseplay and punches turned fatal.
Stidham and the group beat, kicked and struck Barker until they tied him up, gagged him and loaded him into a van. Previous reports state that Stidham and the group reportedly drove Barker to a secluded area near the Mississinewa River, beat him again and stabbed him 47 times. Barker's body was then thrown into the river. Stidham was later arrested in Illinois in relation to the crime.
Previous reports: Killer convicted in brutal 1991 Delaware County slaying to remain in prison
In May 1993, Stidham was found guilty and sentenced for a maximum aggregate term of more than 100 years in prison, including:
60 years for murder
50 years for robbery, a Class A felony
20 years for criminal confinement, a Class B felony
Eight years for battery, a Class C felony
Three years for auto theft, a Class D felony.
A retrial occurred in the case after a direct appeal occurred surrounding evidence during the initial trial. The retrial found Stidham guilty again.
Since his prison sentence was determined, Stidham has requested multiple times for it to be reduced, previously stating that the sentence was "unreasonable" and "disproportionate to the crimes committed."
In 2018, Dowling re-sentenced Stidham and ordered his term to be served at the same time, and not consecutively. Eric Hoffman, the prosecuting attorney in Delaware County, appealed Dowling's decision, which was later reversed by the Indiana Court of Appeals. Stidham then filed again to have the sentence modified, a request that Dowling denied at that time.
How did Stidham approach this request?
In May 2023, Senate Enrolled Act 464 was signed into law and became effective in July 2023. This law modified the Indiana Code to state that a person who was sentenced in criminal court for an offense when the person was younger than 18 years of age could file an additional petition for sentence modification.
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Under the law, the modification can be filed if the person has served at least:
15 years of the person's sentence, if the person is not serving a sentence for murder
20 years of the person's sentence, if the person is serving a sentence for murder
Two weeks after the law went into effect, Stidham filed a petition to modify the sentence. After two hearings in July and August, Dowling, the same judge who re-sentenced Stidham in 2018, granted his petition.
Dowling provided several circumstances in support of a reduced sentence for Stidham, including:
Stidham was 17 years old when the incident occurred and it was his first felony conviction as an adult.
Stidham was reportedly abused by an adoptive parent.
During his time in prison, Stidham earned his GED as well as several higher education degrees.
Stidham is now a full-time firefighter through the Indiana Department of Correction and leads a team as the fire chief.
Two directors for the Indiana Department of Correction testified in support of Stidham "both verifying that in their decades of experience working for the IDOC, neither had testified in support of another offender, ever."
A psychologist concluded that Stidham was "an excellent candidate for safe release and return to the community."
"While this crime was heinous, it was committed by a youthful offender who had suffered a lifetime of instability and abuse," Dowling said in the order. "Neither his history nor the heinous act can be changed. However, with each passing day, Stidham proves that he has been reformed from the individual who could commit such a heinous series of acts. Stidham has continued to lead, support and protect the inmates that he serves his time with."
As part of the order, the remainder of Stidham's sentence was modified to supervised probation. Stidham will be under supervised probation until May 14, 2031.
How did the Delaware County Prosecutor's Office react to this modification?
In a statement from Hoffman, he said that he "repeatedly and strenuously objected to (Stidham's) motion for early release." Hoffman said any form of sentence reduction is "nothing but a cruel slap in the face to the memory of the innocent victim and his surviving family."
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"A vicious, callous, and brutal killer has been granted early release and turned back into our community despite the repeated objections of the Prosecutor," Hoffman said in the statement. "Matt Stidham’s crimes were pre-meditated, brutal and disturbing. The court’s own order in this case states that 'the victim was likely mentally challenged.' Not once during the hearing on the Petition for Modification, did the defendant turn toward the victim’s family and display even a modicum of remorse or sorrow. The victim’s family are completely against early release. Today I share in their pain and frustration.
"The mere passage of time does not erase the pain and suffering inflicted at the hands of violent criminals," Hoffman continued in his statement. "The mere fact that a violent offender has ‘done well’ in prison should not be grounds for early release. Offenders who are in prison are expected to follow the rules, be good and rehabilitate."