Matthew Alan Aubrey, 26, Fillmore, along with defense attorney Matthew Effner, appeared before Clay Superior Court Judge Blaine Akers and Chief Deputy Prosecutor Kim Jackson to enter into a negotiated plea agreement with the Clay County Prosecutor's Office Wednesday.
Aubrey pled guilty, but mentally ill, to criminal confinement and aggravated battery. The state has agreed to drop the remaining charges in the matter.
Aubrey was originally charged with five felonies, including class A attempted murder, class A burglary resulting in bodily injury, class B criminal confinement, class B aggravated battery and class C felony criminal recklessness for his alleged involvement in the incident Sept. 10, 2009.
According to the probable cause affidavit and charging information on file at the Clay County Courthouse, Aubrey got into an altercation with Frank L. Ford, 34, Terre Haute, after entering his estranged wife Jayme Aubrey's Center Point home illegally on that date.
During the altercation, Aubrey allegedly shot Ford multiple times with a .22-caliber rifle and then barricaded himself in the home, taking his wife hostage for nearly two hours before letting her go without injury.
Approximately two hours after letting his wife go, Aubrey voluntarily surrendered to authorities.
With the support of several of his family members in court, Aubrey provided factual testimony about his admission of guilt and told Akers he understood the potential penalties for pleading guilty.
If the plea agreement is accepted by Akers, terms for the sentence recommendation in the matter are for 15 years incarceration at the Indiana Department of Correction, all of which is to be executed with the exception of 5 years, for each charge. The sentences are to run concurrent (served simultaneously or side by side) and good time credit is allowed if earned.
Upon release from the IDOC, Aubrey would be placed on probation for 5 years, the first half to be formal, while the second half of his probation term could be served informally. He is ordered to obey all laws and other terms of probation, including pay all court fines/fees, reimburse the public defender fees, make yet-to-be determined restitution to the victims, undergo anger management counseling, not possess alcohol, weapons or ammunition and have no contact with the victims or the victims families.
Aubrey was also informed that any violation of the terms of his probation could result in his being ordered to serve all or part of the suspended portion of the original sentence.
Both victims in the case were both informed and signed voluntary statements regarding their acknowledgement of the terms of the negotiated plea agreement in September.
An official psychiatric evaluation of Aubrey was presented by the defense, accepted and "sealed as confidential" by the court to help establish his mental health at the time of the incident. However, it was established that no mental health issue has been diagnosed that would prevent Aubrey from standing trial if Akers refused to accept the negotiated plea agreement during a sentencing hearing set for Wednesday, Dec. 1.