Man accused of shooting ex was charged with abusing same woman in 2010

Sarah Volpenhein | Marion Star

Show Caption Hide Caption Officers open fire on suspect in Marion shooting A man believed to have been involved in a Marion shooting Tuesday evening was shot by officers, according to the Marion Police Department.

MARION — The Bucyrus man accused of shooting his ex-girlfriend on Tuesday, which ended in an exchange of gunfire with police, was once charged with kidnapping and domestic violence against the same woman.

But Matthew W. Lust, 33, pleaded down those charges and others, resulting in no prison time nearly eight years ago.

Lust was still in critical condition at a Columbus hospital Thursday morning after officers shot him in a confrontation Tuesday in the 500 block of Patterson Street in Marion, according to Marion Police Lt. B.J. Gruber.

Police had been searching for Lust after he allegedly shot his ex-girlfriend, Angelica Frye, earlier that day. Frye suffered non-life-threatening injuries and has been released from the hospital, according to her stepfather Ron Adams.

It is not the first time Lust has been accused of firing a gun around Frye.

In 2010, prosecutors filed eight charges against him, including one count of kidnapping, a second-degree felony, and one count of abduction, a third-degree felony, in Marion County Common Pleas Court after he allegedly fired a gun into the couch next to where Frye — at the time, his live-in girlfriend — and her 9-month-old baby were sitting during a dispute, according to court records.

The dispute was over a conversation they were having about one of Frye's former boyfriends, according to the affidavit filed in the 2010 case and written by then-Marion police detective Electa Foster.

According to the affidavit, Lust allegedly flew into a rage and told Frye that he would go to the ex-boyfriend's house and kill everyone there. The affidavit also alleges that he threatened Frye, telling her that he would kill her before he would let her be with another man.

The affidavit says that Lust also made suicidal comments, saying he would either "shoot it out with the police" or go to prison.

Those allegations were never proven in court, and all but one charge in the indictment were dismissed, according to court records.

In the end, Lust pleaded guilty to one count of having a weapon while under disability, a third-degree felony, punishable by up to five years in prison, according to court records. He was sentenced to 20 days in jail and three years of probation, according to the judgment.

Adams told the Star that his stepdaughter, Frye, has been living in fear of Lust for years. Adams said that Lust has threatened his stepdaughter on numerous occasions.

"She's afraid for her life," he told the Star.

Gruber, the police spokesperson, said that domestic dispute calls are unique because emotions are often running high.

"Domestic violence, domestic dispute calls can be one of the most dangerous calls that we respond to," he said.

On Tuesday, after Frye was shot and injured, police officers were sent to the home of Andrew Gregory, in the 500 block of Patterson Street, whom Frye has been dating, according to information from Adams and Marion County Prosecutor Ray Grogan.

Frye had warned police Tuesday that Lust might try to harm Gregory, according to authorities.

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It was in that block of Patterson Street that officers found and shot Lust.

Gregory told the Star that he was not at home at the time of Tuesday's shootings. He told the Star that he was leaving the mall when he got a call from police officers, warning him that he and his home might be a target.

Gregory said he called his mom, who lives with him on Patterson, to warn her.

"I heard the gunshots over the phone and everything," Gregory said.

Gregory said that he had been threatened by Lust before, including while Lust was in prison on an aggravated robbery conviction out of Crawford County.

In December, Lust was granted early release from prison by a Crawford County judge, according to court records and the Ohio Department of Rehabilitation and Correction.

On Thursday, charges were filed against Lust in connection to the shooting of Frye. He faces an attempted murder charge, a first-degree felony, and two felonious assault charges, both second-degree felonies.

Lust was not legally allowed to have a firearm. Grogan told the Star he does not know at the moment how Lust obtained a firearm. He confirmed that Lust used a revolver in the shooting.

svolpenhei@gannett.com

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