Case: 2:04-cr-00056-WOB Doc #: 20 Filed: 12/17/04 Page: 1 of 6 - Page ID#: 46 UNITED STATES OF AMERICA PLAINTIFF PLEA AGREEMENT V. MATTHEW T. SCUDDER DEFENDANT * * * * * 1. Pursuant to Federal Rule of Criminal Procedure 11, the Defendant will enter guilty pleas to three counts of an Information, charging violations of 18 U.S.C. $ 241 and 42 U.S.C. $3631. The defendant will waive grand jury presentment and consent to the filing of an Information. 2. The essential elements of Count 1 are: (a) Two (2) or more persons conspired or agreed to injure, oppress, threaten, or intimidate another person in the free exercise or enjoyment of any rights or privilege secured to him by the Constitution and laws of the United States, or because of his having so exercised the same; (b) The Defendant knowingly and voluntarily joined the conspiracy. The essential elements of Counts 2 and 3 are: (a) By force or threat of force; (b) Willfully interferes with; Case: 2:04-cr-00056-WOB Doc #: 20 Filed: 12/17/04 Page: 2 of 6 - Page ID#: 47 (c) Any person because of his race or color in the occupancy of a dwelling. 3. As to Counts 1,2, and 3, the United States could prove the following facts that establish the essential elements of the offense beyond a reasonable doubt, and the Defendant admits these facts: That on July 2,2004, Matthew T. Scudder and a juvenile, (hereinafter referred to as Juvenile), were present in Juvenile’s residence located in Boone County in the Eastern District of Kentucky. Several other subjects were also present in the residence. Scudder and Juvenile agreed to bum a cross at the residence of an African American family in Boone County, Kentucky. Scudder and Juvenile retrieved wood, nails, hammer, a saw, cloth material and lighter fluid from within and near the residence and constructed a cross at Juvenile’s residence. James D. Foster arrived at Juvenile’s residence and saw the constructed cross. Scudder, Foster and Juvenile engaged in a conversation during which each stated that they “hate niggers.” Then Foster left Juvenile’s residence. Scudder, along with Juvenile, transported the cross to the residence of Frederick Mahone, an African American, and his family, located at 6524 Rosetta Drive, Florence, Kentucky, also located in the Eastern District of Kentucky. Once at the residence Juvenile and Scudder doused the cross in lighter fluid and set it ablaze in the yard. Page 2 of 6 Case: 2:04-cr-00056-WOB Doc #: 20 Filed: 12/17/04 Page: 3 of 6 - Page ID#: 48 On July 3,2004, Matthew T. Scudder, Foster and Juvenile and other subjects were present at the residence of Juvenile. Matthew T. Scudder and Juvenile bragged about having burned the cross at the African American’s residence the previous night. Scudder and Juvenile stated they were going back to the African American family’s residence to break out their windows. Scudder and Juvenile asked Foster if he wished to accompany them and he agreed. Scudder, Juvenile and Foster left Juvenile’s residence. Scudder and Juvenile were wearing white masks. Foster put a white t-shirt over his head as he left the residence but removed it shortly thereafter. The three (3) then walked to the residence of Frederick Mahone, an African American, and his family, located at 6524 Rosetta Drive, Florence, Kentucky, where Juvenile and Matthew T. Scudder yelled racial epithets to include “fbcking niggers” and “get out of town” and then both Matthew T. Scudder and Juvenile threw bricks at Mahone’s vehicle, shattering two of the vehicles windows. Foster was present and witnessed all of or part of the actions of Scudder and Juvenile. Foster fled back to the residence of Juvenile followed by Scudder and Juvenile. These facts accurately represent the Defendant’s offenses, his conduct, and establish the essential elements of the offenses. 4. The maximum statutory punishment is imprisonment for not more than 10 years, a fine of not more than $250,000.00, and a term of supervised release of not more than 3 years for each count. A mandatory special assessment of $100 per count applies, Page 3 of 6 Case: 2:04-cr-00056-WOB Doc #: 20 Filed: 12/17/04 Page: 4 of 6 - Page ID#: 49 and the Defendant will pay this assessment to the U.S. District Court Clerk at the time of sentencing. 5 . The United States and the Defendant recommend the following sentencing guidelines calculations, and they may object to other calculations. This recommendation does not bind the Court. (a) United States Sentencing Guidelines (U.S.S.G.), November 1,2003, manual, will determine the Defendant’s guideline range. (b) Pursuant to U.S.S.G. 5 1B1.3, the Defendant’s relevant conduct includes violations of civil rights and interference with housing. (c) Pursuant to U.S.S.G. 5 2Hl.1, the base offense level is 12. (d) Pursuant to U.S.S.G. 5 3al.l(a), increase the offense level by 3 levels for selection of the victim because of race. (e) Pursuant to 53D1.2, Counts 1,2 and 3 do not group. However, as Count 1 is a conspiracy to perform the acts in Counts 2 and 3, it is disregarded in the grouping. Pursuant to 53D1.4, Counts 2 and 3 are each given one additional unit for a combined offense level of 17. (0 Pursuant to U.S.S.G. 0 3El.1, decrease the offense level by 2 levels for the Defendant’s acceptance of responsibility. If the offense level determined prior to this 2-level decrease is level 16 or greater, the United States will move at sentencing to decrease the offense level by 1 additional level based on the Defendant’s timely notice of intent to plead guilty. (g) Pursuant to U.S.S.G. 0 5El.1, restitution is $2,774.00, jointly and severally, and the victim is Fred Mahone. 6. No agreement exists about the Defendant’s criminal history category pursuant to U.S.S.G. Chapter 4. Page 4 of 6 Case: 2:04-cr-00056-WOB Doc #: 20 Filed: 12/17/04 Page: 5 of 6 - Page ID#: 50 7. The Defendant waives the right to appeal and the right to attack collaterally the guilty plea, conviction, and sentence, including any order of restitution. 8. The United States will recommend releasing the Defendant on the current bond for future court appearances if the Defendant does not violate the terms of the order setting conditions of release. 9. After pleading guilty, the Defendant will make a full and complete financial disclosure to the United States and will assist the United States in the gathering of all financial information. The Defendant will complete and sign a financial disclosure statement or affidavit, will sign financial releases prepared by the United States, and will submit to a deposition in aid of collection at times and places that the United States directs. 10. If the Defendant violates any part of this Agreement, the United States may void this Agreement and seek an indictment for any violations of federal laws, and the Defendant waives any right to challenge the initiation of additional federal charges. 11. This document contains the complete and only Plea Agreement between the United States Attorney for the Eastern District of Kentucky and the Defendant. The United States has not made any other promises to the Defendant. 12. This Agreement does not bind the United States Attorney’s Offices in other districts, or any other federal, state, or local prosecuting authorities. Page 5 of 6 Case: 2:04-cr-00056-WOB Doc #: 20 Filed: 12/17/04 Page: 6 of 6 - Page ID#: 51 13. The Defendant and the Defendant’s attorney acknowledge that the Defendant understands this Agreement, that the Defendant’s attorney has fully explained this Agreement to the Defendant, and that the Defendant’s entry into this Agreement is voluntary. GREGORY F. VAN TATENHOVE UNITED STATES ATTORNEY By: Assistant United States Attorney Date: cl C / 9 Matthew T. Scudder Defendant Date: c\(2/0 Ms--b---Q-& Howard Tankersley Attorney for Defendant vcbw&L?h ,- WILLIAM 0. BERTELSMAN UNITED STATES DISTRICT JUDGE Page 6 of 6