Phillip Matovich, arrested in May 2008 after a bizarre set of break-ins during which he removed all his clothing, was sentenced on Tuesday, February 3, to eight years in state prison after pleading no contest to the charges.
Matovich was in a good mood in court, smiling and laughing as he went through the plea bargain terms with his attorney Mark Owens. At one point he to turned to his stepfather and a friend in the gallery - the only spectators in court for the proceeding - and mouthed, “I feel bad. I love you.”
Matovich, who never went to trial, pled no contest to first degree residential burglary, criminal threats, and two counts of false imprisonment by violence. Prosecutor Greg Boller dismissed the remaining five counts against him. Matovich will serve at least half his term, and received 396 credited days for time served.
The crimes occurred on May 17, when police were called at about 6:30 a.m. to an apartment on Ladera Street, where the parents of a family were awakened by Matovich, who shouted at them while they were in bed. He removed all his clothes and threatened to kill the adults and children in the house. He then ran into the kitchen and tried to get a knife, but after a struggle with the victims, ran out of the house.
While police began to cordon off the block, Matovich snuck into another home through a window by removing a screen. He allegedly took a steak knife from the kitchen and woke up a couple sleeping in their room, telling them he was holding them hostage and would kill them if they didn’t cooperate.
An officer, while conducting a search, noticed a screen on the ground, and met the male victim, who indicated something was wrong inside the house. When the officer entered the house, Matovich had his arm around the female victim’s neck, but was unarmed. The officer shot the suspect with his taser, and the victim was able to get away and Matovich was arrested.
Police allege Matovich had used ecstasy, cocaine, and alcohol the night prior to the events. Because of this, the judge also is recommending to the Department of Corrections that Matovich receive drug abuse and mental health treatment. Owens said that he asked for that because his client has a history of substance abuse problems and because of the “bizarre nature of the acts.” Owens is confident he will receive that treatment.
Matovich was on probation for three separate, previous incidents: possession of methamphetamine, the fraudulent use of a credit card, and joyriding in a vehicle-all felonies. None of those previous crimes matter when it comes to California’s three strikes law, but two of these most recent charges do. If, when Matovich gets out of prison, he commits another felony under this law, he could face life behind bars.
This threat, Boller said, makes him hopeful that Matovich, who is 27 years old, will turn his life around.



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livingsb (anonymous profile)
February 4, 2009 at 9:04 a.m.
BeachLivin (anonymous profile)
February 4, 2009 at 9:29 a.m.
Why does the DA always allow this crook and crooks like him to plead NO CONTEST? He was guilty and the DA should make him plead guilty. Also, 8 years sounds like an awful good deal for someone inflicting that much terror in people's homes.
rocket (anonymous profile)
February 4, 2009 at 9:08 p.m. (Suggest removal)
Hi Rocket,
Good question. The DA doesn't really have a choice if a defendant wants to plead no contest. The person has a right to plead whatever he/she wants.
With that being said, a no contest plea, when felonies are involved, is essentially a different way of saying it was a guilty plea.
Hope that helps.
Chris (Chris Meagher)
February 5, 2009 at 11:29 a.m. (Suggest removal)
Hi Chris,
Please check with the DA, but I am pretty sure that when the DA dismisses counts, such as in this case, then the DA calls the shots. Since the DA is agreeing to the less than maximum sentence and agreeing to dismiss charges, then the DA can require a guilty plea. If the defendant pleads "as charged" (ie no charges dismissed and the judge picks the sentence) then the defendant can choose guilty or no contest. I just think it is more meaningful for victims to hear the defendant say guilty. No contest sounds like a cop out.
rocket (anonymous profile)
February 7, 2009 at 2:39 p.m. (Suggest removal)