Whitney M. Woodworth

Statesman Journal

Five months after Carolyn DiMatteo shot and killed her husband of more than 30 years, she was sentenced to five years probation for criminally negligent homicide and released from jail.

Marion County Circuit Court Judge Dale Penn cited DiMatteo's lengthy, documented history as a victim of domestic violence as one of the factors behind the decision to grant her probation instead of prison time.

Shortly before midnight on Dec. 26, 2015, DiMatteo called 9-1-1 and told the dispatcher that she had shot and killed her husband, Joseph DiMatteo, 69.

"There's nothing to help, he's dead," she said after the dispatcher instructed her to perform CPR.

Marion County Sheriff's Office deputies rushed to the couple's trailer outside Lyons and found Joseph DiMatteo dead from a gunshot wound to the chest.

A probable cause statement said Carolyn DiMatteo told investigators her husband yelled at her, claimed he was going to kill her and lunged for a handgun in a nearby cabinet. She reached the gun first and shot him.

Carolyn DiMatteo was arrested on murder charges. After investigation, the case was brought before a grand jury for indictment. The grand jury heard theories of self-defense and battered-wife syndrome and chose to indict Carolyn DiMatteo on the lesser charge of criminally negligent homicide.

Carolyn DiMatteo, 63, pleaded guilty to the charge and was sentenced Wednesday at the Marion County Courthouse.

Relatives of the DiMatteos attended the sentencing and several spoke before Penn delivered the sentence of five years probation and 60 hours of community service. Jane Garrison, Joseph DiMatteo's daughter, expressed her dismay at what she perceived as a light sentence.

"I think this sentence sucks," she said. "My dad's life was worth more than 60 hours."

She turned from Penn and stared at Carolyn DiMatteo.

"Carol, I'm sorry my dad beat you," she said. "I wish you would have left a long time ago."

Garrison left the courtroom in tears.

The prosecution read aloud a letter from Joseph DiMatteo's former stepson, Chad Frazier.

"My hope is that Carol will not get prison time," he wrote, adding that his former stepfather was not a bad man when sober but would become violent whenever he drank.

Carolyn DiMatteo's attorney, Whitney Perez, said her client had no criminal history and would do well under probation. Under the probation guidelines, Carolyn DiMatteo must abstain from alcohol and controlled substances. She also must seek counseling and attend mental health court.

Carolyn DiMatteo faces a 3-year prison sentence if she violates any of the guidelines. She was ordered to pay $200 in fines and $1,045 in victim restitution, which may go toward Joseph DiMatteo's funeral expenses.

"Anytime death is involved, it's a tragic event no matter what the circumstances," Penn said.

Carolyn DiMatteo, who was denied bail and has been incarcerated since the night of the shooting, will now be released, said Deputy District Attorney Jean Kunkle.

"Mrs. DiMatteo, you have made some efforts here to move forward with your life...now it becomes a real effort," Penn said. "I wish you good luck, but it'll take effort every day."

Email wmwoodwort@statesmanjournal.com, call 503-399-6884 or follow on Twitter @wmwoodworth

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