Prosecution offers Wolowski 40-80 years in prison in exchange for guilty pleas

Twenty-three-year-old Brandon Wolowski’s trial on homicide, attempted homicide, aggravated assault and robbery is scheduled for this fall in Washington County Court.
If he is convicted of premeditated murder, a jury will decide if he should die by lethal injection or serve a life sentence in prison without parole. Life without parole would also be the penalty for second-degree murder, which is killing a person during the commission of a felony.
Sheriff’s deputies escorted Wolowski from county jail Wednesday afternoon to the courthouse where Judge John DiSalle asked Deputy District Attorney Leslie Ridge to place on the record the prosecution’s offer: a total of 40 to 80 years’ imprisonment if the defendant pleads guilty to third-degree murder and attempted homicide. The robbery and aggravated assault charges would be dismissed.
Wolowski stands accused of the shooting death Jan. 8, 2013, of Matthew Mathias, 37, of Fayette Street, Washington. Police filed charges against him the next day.
Mathias’ girlfriend, Michelle Powell, 38, was shot in the cheek, chin, chest and arm but survived after undergoing surgery.
Police said Wolowski was trying to steal guns from the victims, and that Powell identified Wolowski as the shooter.
DiSalle Wednesday afternoon discussed the potential sentences and told Wolowski even though a person convicted of first-degree murder and given a death penalty has an appeal process, he or she must be placed in solitary confinement.
Wolowski’s court-appointed attorneys, Noah Geary and Thomas N. Farrell, obtained an edited version of Wolowski’s case file from Washington County Children and Youth Services, under which he was a dependent child in and out of foster care. His attorneys have also asserted Wolowski is a victim of fetal alcohol syndrome and that his mental state has been evaluated.
DiSalle explained these circumstances would not be invoked as a defense against the charges, but could be introduced to jurors considering the death penalty or life imprisonment in the event Wolowski had been convicted of first-degree murder.
“That’s for sentencing,” DiSalle said. “That doesn’t excuse you… so you don’t find yourself in a position next year that you wish you weren’t in.”
Because more than five years have elapsed since Wolowski was arrested, Geary attempted to assert too much time has passed before his client had been brought to trial and therefore, the charges should be dismissed.
Ridge presented the court with the procedural history of the case, saying delays were beyond the prosecution’s control. DiSalle denied Geary’s motion.
The defense is also arguing Wolowski, who was 18 at the time of his arrest, should have been treated as a juvenile because of his lack of mental capacity, being allowed to have an adult present when he was questioned by city police. Geary is claiming Wolowski’s arrest was illegal.
Three officers were present in court ready to testify about the circumstances, but Geary said he was not prepared for an evidentiary hearing so that aspect of the case was postponed until next month.
In January, Geary asked state Superior Court to review the case. Ridge filed a motion to quash Geary’s petition. As Wolowski’s trial looms, Geary said, “It’s been six months now. They need to rule on this.”