By Kathy Laird
CCN Correspondent
BUCYRUS — Matthew Kunzer, 34, was sentenced Wednesday in Crawford County Common Pleas Court. Kunzer signed a waiver to give up his right to appear. Kunzer’s attorney, Andrew Motter, testified that he personally visited with Kunzer and they completed the document.
Special Prosecutor Micah Ault spoke on behalf of the state. The case pertained only to the assault of two police officers.
Crawford County Common Pleas Court Judge Sean Leuthold noted that the case had nothing to do with the other case in which his brother was a victim. Leuthold recused himself from that case which was heard by Robert Brown a retired judge from Wayne County.
Leuthold informed the Supreme Court of his position pertaining to this case and was approved to administer its sentence.
Also introduced into evidence was a 39-page forensic psychology report submitted by Dr. John Fabien and presented to the court by Motter. The report included three interviews with Kunzer. Leuthold also received a copy of the pre-sentence investigation ordered by Brown. Leuthold had his staff print Kunzer’s criminal history and seal the remainder of the report.
Leuthold allowed the state to speak first regarding what sentence was appropriate for the crimes.
Ault asked the court to give Kunzer the maximum sentence of 18 months on each count of assault for a total of 36 months.
“Mr. Kunzer has shown no remorse and is still making threats from jail,” Ault said. “We ask for the maximum sentence. These officers were just doing their jobs and they deserve our protection.”
Motter then spoke on behalf of his client and said Kunzer had several competing medical and mental issues. He noted Dr. Fabian had identified many issues including PTSD, paranoia, narcissism and others. Motter asked the court to find that Kunzer needs treatment.
“If we don’t get him treatment, I think, in fact, Mr. Kunzer will get worse,” Motter said.
Motter said he wasn’t making excuses for Kunzer, but that he needs help.
“The court needs to consider treatment for him,” Motter said.
Leuthold began to explain his method for determining Kunzer’s sentence. He gave high regards to a report prepared by Dr. Fabian. He noted that no one had found him mentally ill so sentencing him based on mental illness is not a possibility for the court.
“No one has said Mr. Kunzer is incompetent, so my hands are tied,” Leuthold said.
Leuthold put several matters on the record but told those present he that in no way did he intend to hurt or embarrass Kunzer’s family.
“Mr. Kunzer comes from a fine family,” Leuthold said. “They have done everything they could to help him.”
Leuthold went on to explain Fabian’s notes about alcohol and drug use. There was an issue with a car accident that some thought triggered the drug abuse, but Leuthold said Kunzer had already been on drugs for some time when that happened.
Leuthold added Kunzer did experience incidents when he was in military service. He said Kunzer had been involved in fights with other soldiers. On another occasion, he was drinking and snorting Percocet and fell down a flight of stairs.
After his military service, Kunzer was involved with drugs and alcohol. Kunzer was in a serious car accident in 2014, which reportedly fueled his addiction further. Almost a year to the day he had another accident with two juveniles in the car and he was drinking and doing drugs.
Leuthold said Kunzer had a habit of displaying reckless and dangerous behaviors.
“Many people in this country live with PTSD and anxiety, and live productive lives,” Leuthold said. “Mr. Kunzer is not unintelligent and could accomplish a lot.”
“We have discussed the fact that he lost a fiancé to a heroin overdose,” Leuthold said. “The report suggests that this was not a loving relationship between a man and his fiancé. In fact, Kunzer was exploiting his fiancé to make money to support their drug habits.”
Leuthold noted that Kunzer was violent with his fiancé. After further interactions with law enforcement, Kunzer did get help from Veteran’s Affairs. After he left treatment, family members reportedly offered to take him in. Kunzer became so unmanageable that his family asked him to leave and he refused. He pushed them out of their home. They had to seek legal action to remove him, according to reports.
Leuthold continued as to how well Kunzer was treated while in custody. The county allowed his mother to take him to follow-up visits to the VA. Leuthold related that Sgt. Tyson Estrada spoke with Kunzer many times to calm him down in the past. They developed a bit of a relationship.
On the day of the attacks, Kunzer reportedly became very agitated and created a situation that was unsafe. He resisted being moved to a solitary area. Kunzer attacked Estrada and put him in a guillotine headlock cutting blood supply to the brain. It took three officers to subdue Kunzer.
“I see a common theme throughout this report,” Leuthold said. “When Mr. Kunzer does not get what he wants, he becomes agitated and violent. More disturbing is the fact that he sat in this courtroom and tried to turn this into a big show. He clearly did not show one ounce of remorse.”
When transferred to Ashland for housing, Kunzer reportedly told officers there he was “going to kill someone like he should have in Crawford County.” Leuthold also said Kunzer had been diagnosed with personality disorders including narcissism.
“He has no empathy and thinks he is entitled to whatever he wants,” Leuthold said.
Dr. Fabian said Kunzer is not a good candidate for probation. Fabian suggested that if paroled, Kinzer should be put on a string about an inch long and found in violation the minute he fails to comply. He said Kunzer has a reckless disregard for others which concerned Leuthold.
Leuthold said he had taken into consideration the overriding purpose of sentencing. First is to punish the defender and the other is to protect the public. Leuthold concluded that there was no benefit in sentencing to punish Kunzer because of his mental health issues. However, when Leuthold looked at his responsibility to protect the public he said he had no choice but to impose the full sentence.
Dr. Fabian concluded that Kunzer is a danger.
Leuthold said he thinks the first person who has a negative interaction with Kunzer will result in violent behavior.
“It could be a clerk, or someone driving down the road that just agitates him,” Leuthold said. “I have to sentence him to the maximum time allowed, and that is 18 months on each count for a total of 36 months.”
In conclusion, Leuthold told Motter that each prison has a screening system to identify those who are impaired. He said they will identify Kunzer’s issues and try to help him while he’s there.
Leuthold told Motter that if Kunzer gets better and shows that he can be a productive member of society without the use of drugs and violence, Leuthold would be glad to let him out of prison to try to be placed on community control.
“Perhaps down the road, I will have the pleasure of speaking with Mr. Kunzer regarding these issues,” Leuthold said.