Seven felony charges, including two counts of second-degree murder, were dropped Tuesday against Devin Matthews, 23, in connection with a 2024 Alpena crash that killed two people. Matthews still faces two counts of operating while intoxicated causing death and one count of operating while intoxicated causing serious injury.
Judge Alan Curtis made the ruling in the 88th District Court after reviewing evidence from Matthews’ two-day preliminary examination, held April 29 and June 24. The case is expected to continue in the 26th Circuit Court in Alpena County, where Matthews will be arraigned at a future date.
Seven charges dismissed
Matthews originally faced 10 felony charges: two counts of second-degree murder, two counts of involuntary manslaughter, two counts of OWI causing death, two counts of reckless driving causing death, one count of OWI causing serious injury and one count of reckless driving causing serious impairment of a body function.
Curtis dismissed seven of those charges: the two murder counts, both involuntary manslaughter counts, both OWI-causing-death counts and one reckless-driving-causing-serious-impairment count. The judge said the evidence did not support every required element of those felonies and therefore did not establish probable cause for binding Matthews over on those charges.
The three remaining charges are two counts of OWI causing death and one count of OWI causing serious injury. Curtis had previously bound Matthews over on those charges in connection with the fatal crash.
The judge explained that evidence in an intoxicated-driving case must show more than impairment or the presence of an impairing substance. For charges involving murder, involuntary manslaughter or certain forms of reckless driving causing serious impairment, the prosecution must establish the additional legal elements connected to the alleged conduct and the crash.
Judge questioned witness credibility
Curtis also found that testimony from Chirsitine Soliz during the preliminary examination was not credible. According to the judge, her testimony indicated bias against Matthews because she had a “long standing relationship with the victim's family.” Curtis also determined that Soliz’s testimony in court conflicted with statements she made to police after the 2024 crash.
The judge said questions involving reasonable doubt or conflicting evidence are generally left for the circuit court and a trial. At the preliminary-examination stage, however, the prosecution must present evidence from which each element of a felony can be established or reasonably inferred.
The crash claimed the lives of two people and also led to the serious-injury allegation that remains against Matthews. The source report did not identify the victims in the court update.
Defense and prosecution respond
Matthews’ defense attorney, John Freeman, argued that prosecutors had not shown gross negligence at the “precise” time of the fatal crash. In court, Freeman acknowledged the seriousness of the incident and said Matthews is remorseful. He also argued that Matthews should not be labeled a murderer for the rest of his life.
“Courts exist to separate evidence from accusation,” Freeman told The News via email.
Freeman later said the ruling reflected the court’s role as an independent check on government power. He also emphasized that the remaining allegations are serious and that Matthews remains presumed innocent.
“The criminal justice system works best when decisions are driven by alleged evidence, not emotion,” Freeman said via email.
Alpena County Prosecuting Attorney Cynthia Muszynski argued Tuesday that the prosecution’s evidence went beyond speculation. She pointed to Matthews’ behavior before the crash and testimony alleging that he inhaled nitrous oxide before the collision. She also said the other driver’s toxicology and questions about witness credibility should be addressed at trial.
Muszynski said the decision was not the result her office wanted, but prosecutors remain committed to seeking accountability for those affected by the crash and supporting the victims’ families.
“While we may not have gotten the outcome we wanted today, we will continue to work toward holding the defendant accountable for his actions,” Muszynski said via text message.
All other terms of Matthews’ bond remain in effect. Curtis did allow Matthews’ GPS tether to be removed as of Tuesday afternoon. The next step in the case is a future arraignment in Alpena County’s 26th Circuit Court.