Tapes played in deputy murder trial

05:38 PM PDT on Thursday, July 15, 2004

From KING 5 Staff Reports

KING Ronald Matthews Sr. listens to opening statements in his trial.

SEATTLE - The trial of Ronald Matthews Sr., a Newcastle, Wash. man charged with killing King County Sheriff's Deputy Richard Herzog two years ago, opened Thursday in a King County courthouse in Seattle.

Matthews has pleaded not guilty to aggravated first-degree murder in what officers have described as an “execution” of the deputy.

On Thursday afternoon in a Seattle courtroom, prosecutors release audio tapes that recorded the last moments of Herzog's life. One was the radio dispatch of the victim asking for help, while the other was a 911 call from the man accused of gunning him down, who was calling to turning himself in.

On a Saturday afternoon in Newcastle two years ago, Herzog had confronted a naked man who was running in traffic. The two began to struggle, and ultimately, the man grabbed Herzog's gun.

Herzog ran away from the crowded street and was shot in the leg. When he fell to the ground he was shot point blank in the head four times.

Ronald Matthews Sr., 44, then placed the 911 call. He now faces trial in the death of Herzog.

Prosecutors are not pushing for the death penalty in this case, in large part because of the defendant's mental state. But that is something Matthews' attorneys hope to use to their advantage, hoping for an eventual verdict of "not guilty by reason of insanity," one of the most difficult defenses to mount in a murder trial.

Matthews' attorneys say their client is mentally ill, had been misdiagnosed prior to Herzog's murder, and therefore had been prescribed the wrong type of medication.

But prosecutors say the insanity defense will not hold and that Matthews was high on crack cocaine.

"The facts and the testimony of the state's expert will show the insanity defense is not met in this case," Prosecutor Ron Raz told the court on Thursday.

Matthews has a history of confronting officers, drug use and lengthy stays in jail. Other officers who had been assaulted by Matthews said he should have never been out in the first place.

"If I had known he was out, I could have told King County, I could have told someone. This guy is crazy. He's in a rage. Don't ever go one on one with him," said one officer.

Herzog was 46 years old. He left behind a wife and two daughters.