A criminal defense lawyer told jurors on Tuesday that Damon Lamont Mathews acted on impulse, passion and haste when he killed his wife on New Year’s Eve 2020 in Ignacio, and therefore is not guilty of premeditated first-degree murder, as prosecutors allege.
But prosecutors said Mathews had two previous domestic violence convictions and was on bail for a third domestic violence case when he killed Rachel Philips Mathews, 47. He strangled his wife for about three minutes before retrieving a 9 mm handgun and shooting her point-blank in the forehead, Deputy District Attorney Vance Davis told jurors during opening statements in 6th Judicial District Court in Durango.
Mathews, 45, is charged with 10 counts, including first-degree murder, felony assault, intimidation of a witness, retaliation against a witness and possession of a weapon by a previous offender, among other charges.
He faces life in prison if found guilty of first-degree murder.
The shooting death is believed to have occurred shortly after 11 p.m. Dec. 31, 2020, in the 100 block of Romero Avenue.
Mathews was released from jail on Dec. 25, and two days later began living in a studio apartment behind his wife’s home in violation of a restraining order, according to court documents and testimony.
Mathews and Rachel, who was known by her maiden name, Ream, were hanging out in the studio apartment on New Year’s Eve. They had an argument, and she returned to the main house.
Sometime around 11 p.m., Ream returned to the studio apartment and she and Mathews began fighting again. Mathews implored Ream to keep quiet out of fear neighbors would hear arguing and call police, which would send him back to jail for being in violation of a protection order.
The argument became physical, with Mathews strangling Ream for about three minutes, cutting off her airway, he told investigators. Mathews then retrieved a handgun from her bedroom and returned to the studio and shot her once in the head, he told an investigator.
Mathews then took Ream’s car and drove it to Denver. He did methamphetamine with a stranger, then drove the car until a tire blew out, according to defense lawyers. He then called police from a Safeway, and admitted he probably had an arrest warrant issued for killing his wife.
Public defender Kellan Schmelz said Mathews should be held accountable for his actions, but not the charges prosecutors allege. He said Mathews acted in the heat of passion, a lesser offense that is punishable by 10 to 32 years in prison. Likewise, he said he did not assault, intimidate or retaliate against the victim.
Mathews told investigators in Denver that he snapped, lost control, lost his marbles and went blank, according to testimony.
Mathews, who is in jail custody, wore a light-colored button-up shirt and blue slacks Tuesday. He was seated at a table next to his defense lawyers, and appeared to be attentive and taking notes during opening statements.
During the afternoon, jurors viewed a two-hour video in which he confessed to killing his wife. Mathews lowered his head and put his head in his hands during part of the video.
Fourteen people are serving on the jury, including two alternates.
The trial is expected to last through the week. District Judge Suzanne Carlson is overseeing the case.
shane@durangoherald.com
