https://archive.triblive.com/news/fayette-man-wants-sentence-for-beating-20-month-old-boy-thrown-out/
Fayette man wants sentence for beating 20-month-old boy thrown out
A Fayette County man who severely beat a toddler wants his jail sentence of up to 22 years thrown out.
Raymond Allen Matteson, 37, formerly of Smithfield, contends his 11- to 22-year sentence for beating a 20-month-old boy is illegal because it represents the mandatory minimum. He and his attorney, James Natale of Uniontown, cited a recent Superior Court finding that mandatory minimums are unconstitutional.
But prosecutor Mark Mehalov, during a hearing on Thursday, said Matteson is mistaken because the sentence is actually the maximum allowable under the law.
A jury in 2014 found Matteson guilty of aggravated assault, simple assault, child endangerment and reckless endangerment for beating the boy while baby-sitting in 2013.
Fayette County Senior Judge Gerald R. Solomon imposed a sentence of 11 to 22 years.
The child suffered permanent brain damage and was left unable to walk, talk or crawl.
His parents, Lori Brundege of Smithfield and James Hay of Connellsville, did not attend Thursday's hearing and could not be reached for comment.
In 2014, they described Matteson as a cowardly “monster” for whom no prison sentence would be long enough.
Based on the Superior Court's finding he cited, Matteson wants the sentence vacated and a new sentencing hearing held.
Mehalov, an assistant district attorney, said that although prosecutors gave written notice they would seek the mandatory minimum sentence of five years, Matteson received the statutory maximum.
Mehalov said when Solomon imposed the sentence in 2014, he made a point to note it was higher than the guidelines, in part because of the victim's young age.
“There was no minimum mandatory imposed,” Mehalov said. “The court sentenced to the maximum.”
Natale said the sentence is illegal because “it's such a high departure” from the mandatory minimum that “it can't be justified in any way without any resentencing.”
Solomon, who did not immediately rule on the petition, said he will take the attorneys' arguments under consideration before issuing an order.
Liz Zemba is a staff writer for Trib Total Media. She can be reached at 412-601-2166 or lzemba@tribweb.com.
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