Man sentenced to 19 years in Lafayette case
A man found guilty in a 2021 road-rage shooting in Lafayette was sentenced to 19 years in prison Friday.
Matthew Zimmerman, 48, was found guilty in November of attempted first-degree murder — extreme indifference; felony menacing — real or simulated weapon; firearm — illegal discharge; tampering with physical evidence — destroy; attempted first-degree assault — extreme indifference; and one sentence enhancer.
He was found not guilty of a second count of attempted firstdegree murder — extreme indifference, attempted first-degree murder — after deliberation; attempted first-degree assault — extreme indifference and attempted first-degree assault with a deadly weapon.
On Friday, Boulder District Judge Patrick Butler sentenced Zimmerman to 18 years in prison for the attempted first-degree murder charge and one year for tampering with physical evidence. The two sentences will run consecutively, totaling 19 years. Zimmerman will receive 82 days for credit for time served.
Butler also sentenced Zimmerman to three years for discharging an illegal firearm and felony menacing, which will be served concurrently with his first-degree murder charge.
“Given this defendant’s conduct and the danger he posed to the victim, today’s sentence is certainly the right outcome,” Boulder County District Attorney Michael Dougherty said. ‘We want to recognize the victim and his family for trusting this process, as well as the important efforts by the Lafayette Police Department. I am grateful to the prosecution team, including Deputy District Attorneys Carlos Rueda and Shannon Hautzinger, for their outstanding work on this case.”
According to an affidavit, at 5:44 p.m. on Sept. 6, 2021, police responded to a shooting near the intersection of South U.S. 287 and West South Boulder Road in Lafayette. When they arrived on scene, officers found a man and his son in a silver Chevrolet Silverado.
The man told police he was stopped at a red light when a woman riding a motorcycle began yelling at him, repeatedly saying, “you’re going to get shot” then another motorcyclist punched the passenger side mirror.
According to the affidavit, the man told police he ran the red light fearing he and his son were going to get shot and then the motorcyclists followed him before one man pulled out a gun and fired multiple rounds at him.
Police used reverse device tracking and surveillance footage to identify Zimmerman as a suspect. Zimmerman told police that the truck hit his motorcycle and he felt as though he had to “defend himself” and the shooting was a reaction to the truck hitting his motorcycle.
Zimmerman fired five rounds of shots at the car and no one was injured in the shooting, according to the affidavit. Zimmerman told police he melted the gun in a fire the day of the incident.
In sentencing on Friday, Hautzinger asked for a 21-year sentence, lower than the 24 year recommendation in the presentence investigation.
“I understand this is a shooting case where no one was hurt but that’s because Mr. Zimmerman got lucky,” Hautzinger said. “That behavior is shocking and extreme.”
Zimmerman’s defense attorney Larry Mertes said he believed the mandatory minimum sentence of 16 years was a lot, and believed Zimmerman would be successful in a community sentence.
“He’s a good person, Judge, and he deserves an opportunity,” Mertes said. “I hope and pray (the victim) softens to this guy. He didn’t mean to affect the rest of his life and he’s sorry.”
The pickup driver addressed the court Friday through a translator and suggested a sentence of 24 or 25 years.
“I would like to request for the time of the sentence to be longer and not the minimum because this is something that has really affected a father and his family and also it’s really important for the community,” the man said. “(This is) something that is not easy. We cannot act the same way when we hear a sound or noise.”
Zimmerman apologized for his actions and said he was very scared during the incident.
“The events of that day turned very scary, very quickly for a lot of people,” Zimmerman said. “My actions that day were not justified. I was scared and frightened and I took action when that was not the necessary course. I’m sorry for my actions that day.”
Butler said Zimmerman’s fairly minor criminal history but also mentioned the incredible risk to victims and community members.
“What was a bad incident elevated into an attempted murder case,” Butler said. “It was daylight, there were pedestrians, traffic nearby, businesses nearby.”
He continued, “I’m hoping no incidents like this will be occurring in our community moving forward.”