Prosecutors described the killing of an Ignacio woman as an “execution,” saying Damon Mathews formed a plan and acted on that plan when he held a gun to his wife’s head and pulled the trigger.
Defense lawyers acknowledged Mathews committed physical acts that ended his wife’s life, but they said his actions were hasty, impulsive and in the heat of passion – not intentional and deliberate.
The remarks were made Thursday during closing arguments in the first-degree murder trial for Mathews, who is suspected of strangling and killing his wife, Rachel Philips Mathews, 47, on New Year’s Eve 2020 in Ignacio.
Twelve jurors plan to begin deliberations at 9 a.m. Friday. The case is being overseen by 6th Judicial District Judge Suzanne Carlson in Durango.
In addition to first-degree murder, Mathews is charged with felony assault, intimidation of a witness or victim, retaliation on a witness or victim, violation of bail bond conditions, violation of a protection order and domestic violence.
The 45-year-old man faces life in prison if found guilty of first-degree murder. Jurors could also convict him of a lesser charge, like second-degree murder, manslaughter or criminally negligent homicide.
First-degree murder occurs when someone acts with intent and deliberation in the killing of another person. Defense lawyers are pursuing a heat of passion defense, saying Mathews “snapped,” “lost his marbles” and “went blank,” meaning he didn’t act with intent.
“Passion. Not reason. That is what this case is about,” Kathryn Polonsky told jurors during closing arguments.
Mathews has two previous domestic violence convictions and was on bail for a third when he killed his wife, who was known by her maiden name, Ream.
Mathews was released from jail on Dec. 25, 2020, and two days later was living in a studio apartment behind Ream’s house in violation of a protection order. During a four-day period leading up to her death, Mathews and Ream texted more than 800 times and spent more than eight hours on the telephone, according to evidence.
His defense lawyer said the couple were working to repair their relationship. “Things were going good,” Polonsky said.
Much of what is known about the night of the shooting came from a two-hour video confession that Mathews gave to police.
According to Mathews, he and Ream were hanging out in the studio apartment on New Year’s Eve. They began fighting about 11 p.m., and Mathews put his hand to Ream’s mouth to silence her. He said he was worried that neighbors would hear them fighting and call police, which would result in him having to go back to jail for being in violation of the protection order.
Ream apparently bit Mathews’ hand, so Mathews strangled her for three minutes.
He was preparing to leave the house, but once inside, he instead went upstairs to retrieve her gun, went back to the studio apartment and shot Ream once in the head, he told investigators.
He then took her car, drove to Denver and did methamphetamine with a stranger. At some point on New Year’s Day, a tire shredded on the vehicle and he called 911. He told police he probably had a warrant for murder. No such warrant had been issued. Police took him in custody, and that is when he offered a full confession.
Prosecutors said Mathews had plenty of time to form a plan, consider his actions and execute those plans.
During his closing statement, Deputy District Attorney Vance Davis bent to one knee as if he were going to strangle someone. He held that position for three minutes – without saying a word.
“He had three minutes to think about removing his hands from her throat,” he said. “... Three minutes is a long time to be thinking about what’s going to happen.”
Mathews became fearful he would go back to jail for attempted murder, so he decided to “finish” his victim, prosecutors said, using a word Mathews used in his video confession.
After strangling her, Mathews entered the main house, found a gun and returned to the studio – more than enough time to deliberate and form intent, said Sean Murray, deputy district attorney-appellate.
“Deliberation can happen in a short period of time,” he said. “... A short-term plan is still a plan.
“… He wanted to silence her, and that’s exactly what he did.”
shane@durangoherald.com
