Murder suspect challenges court's jurisdiction

The man accused of murdering a 36-year-old Johnson Lane resident two years ago made a brief court appearance Friday and announced he would be challenging the court's jurisdiction.

James Matlean, 23, has been charged with murder in the first degree with a deadly weapon in the February 2008 shooting death of Benjamin Oxley.

East Fork Justice Jim EnEarl appointed lawyer Derrick Lopez to represent Matlean who is being held in Douglas County Jail without bail.

Wearing orange and blue jail clothing and handcuffs, Matlean appeared by himself on Friday. Several deputies and court bailiffs were in the courtroom.

Matlean told EnEarl he understood his rights and waived the reading of the criminal complaint.

When EnEarl set the suspect's next appearance for Wednesday, Matlean asked for a month's continuance.

"You're waiving your right to a preliminary hearing within 15 days. Is this what you want to do?" EnEarl asked.

"Yes, sir," said Matlean.

"Without seeking the advice of counsel?" EnEarl said.

"Yes, sir," Matlean replied.

Acknowledging Matlean's waiver of the preliminary within 15 days, Prosecutor Tom Gregory asked for a status hearing Wednesday.

"It forces both parties to keep on track and not have delays," Gregory said.

Matlean agreed to the Wednesday hearing.

"I want to say I am challenging the jurisdiction in this case," Matlean said.

EnEarl advised Matlean to tell his lawyer.

In an e-mail to the Record-Courier, Matlean's father, David Matlean, claimed his son was innocent.

David Matlean, who did not attend Friday's hearing, said his son was being prosecuted because of a multi-million-dollar lawsuit the older Matlean filed against the county.

"In February, 2009, I filed a multi-million-dollar lawsuit against Douglas County, Justice of the Peace Jim EnEarl, District Attorney Mark Jackson and Sheriff Ronald Pierini for violations of constitutional law," David Matlean said.

He said the county and public officials were required to file bonds with the county clerk's office before executing their official duties and had not.

The county contends the liability bonds are in place as required by Nevada Revised Statutes.

"So what happens when you back them (officials) in the corner? They go after your family," David Matlean wrote. "They know they don't have any bonds so they go after my family. My son, James Matlean, did not murder anyone. The county is just coming after my family because of the lawsuit that I filed against them."

Melissa Oxley, the victim's widow, attended Friday's hearing with a dozen family members and friends.

"I am glad this is going somewhere," she said. "I want to give a very big thank-you to the detectives and deputies who worked constantly on this. And to the community and Western Nevada Supply for their constant support - both emotional and financial."

Matlean is accused of shooting Oxley in the head Feb. 21, 2008, as he and his wife were sleeping.

Deputies were called to the Oxleys' home at 2800 Wildhorse Lane in the Johnson Lane area at 3:30 a.m. and found him dead of a shotgun wound.

His 6-year-old daughter was at the residence as well as his wife's teenage brother who was living with the family.

Matlean, the roommate of Oxley's 37-year-old ex-wife Dawn, was served Wednesday with an arrest warrant in Douglas County Jail. He has been serving an eight-month sentence for a probation violation in an unrelated offense.

He is being held without bail on the murder charge.

If convicted, Matlean faces life in prison without parole. The district attorney has the option of requesting the death penalty.

Matlean has a lengthy criminal history that includes several felony convictions.