A 73-year-old Marshfield woman whose arrest was captured on video and circulated on social media earlier this week has now been formally charged in Webster County Circuit Court.
According to court records filed Feb. 19, Lidia Matuszek has been charged with first-degree trespassing, a Class B misdemeanor, stemming from an incident on Feb. 14 near her residence.
The charge alleges that Matuszek knowingly entered or remained unlawfully on private property after having previously been trespassed from the location on Feb. 6 through communication from law enforcement.
According to a probable cause statement filed by the Webster County Sheriff’s Office, deputies were dispatched Feb. 14 to an apartment complex after a caller reported that a woman who had previously been trespassed from the property had returned.
The reporting deputy stated that witnesses observed Matuszek in the front yard of the residence. One witness provided photographs showing a woman wearing a purple coat and walking two dogs on leashes in the yard.
The probable cause statement alleges that when deputies made contact with Matuszek, she insisted on showing where she had been walking that spurred the call for the alleged trespassing.
The deputy reported that she refused to confirm identifying information, was informed she was under arrest, and pulled away when instructed to place her hands behind her back. The report states that force was used to take her to the ground and place her into custody.
Matsuzek told the Marshfield Mail that she soiled her pants during the arrest when the deputy allegedly sat on her to get the handcuffs on. She also alleges that she was not informed of the reason for her arrest.
She was transported to the Webster County Jail without further incident. The probable cause statement confirms that the encounter was captured on a body-worn camera.
While the probable cause statement references resisting arrest, only the trespassing charge has been formally filed.
Matuszek disputes the allegations. She has stated that she was not formally notified of any legal trespass order and believes she was walking the same path she has used for approximately 14 years while retrieving her mail and walking her dogs.
The duplex where Ms. Matuszek has lived for the last 14 years is managed by a property management company out of Buffalo, Mo. When contacted in regards to this incident, the management company reported to The Mail that other neighbors in the duplexes have also filed compaints with them, though we have not been able to obtain documentation regarding complaints or trespassing at the date of publishing.
The company provided The Mail with the property owners name and phone number, where we left a message asking for a return call.
In the video, Matuszek can be heard telling the deputy she wanted to show where she was accused of trespassing and stating she has arthritis as the arrest occurred and the officer tried to place her hands behind her back.
On Feb. 18, the Marshfield Mail submitted a Sunshine Law request seeking the body-worn camera footage. The sheriff’s office responded that the footage was considered part of an active investigation because charges were being filed and was not subject to release at that time.
A Sunshine Law request was also made with the Prosecuting Attorneys office, who confirmed charges would be filed.
The Mail saw charges appear on casenet on Thursday, Feb. 19. We then sat down with Webster County Sheriff Roye Cole to ask questions regarding the incident and the department’s review process.
Sheriff Cole confirmed that the deputy involved was sent home Tuesday, Feb. 17 when the video came to his attention and that a formal review was initiated.
Cole said the department has the option to convene a Use of Force Review Board when a situation requires supervisory attention. He described the board as including representatives from both divisions of the sheriff’s office, a commanding officer, a non-administrative supervisor, a deputy, a sworn officer from an outside law enforcement agency, an instructor in the type of technique used, and a civilian representative.
The board reviews the incident, asks questions and reports its findings to the sheriff, who then determines how to proceed. Possible outcomes range from no action to additional training, written reprimand, suspension, reassignment or termination.
Cole said historically he gives significant weight to the board’s recommendation, though he retains final authority.
He confirmed the internal review remains open. When asked whether the deputy remains on patrol duty, Cole said that he is currently at home while the investigation is ongoing. The deputy may be assigned to other duties or office work at a later date, depending on the duration of the review.
Regarding questions raised by members of the public about citizenship questions heard in the video, Cole said he had not yet spoken directly with the deputy about that portion of the interaction. He added that the deputy is not authorized to give interviews or respond to the public while the matter is under review.
Matuszek is scheduled to appear in Webster County Circuit Court at 10 a.m. March 31. The full probable cause statement can be found attached to this article.
First-degree trespassing is punishable by up to six months in the county jail, a fine of up to $1,000, or both.
The case and the department’s internal review remain pending.
Defendants are presumed innocent until proven guilty.
Statement from Webster County Sheriff’s Office Feb. 17:
“The Webster County Sheriff’s Office has been made aware of the situation involving one of its Deputies and a use of force concern.
It is not only the responsibility of our Office to police the public, it is also our responsibility to hold ourselves accountable to that public.
While we cannot openly discuss HR issues, we would like to let our citizens know action has been taken to correct any wrongdoing.”
Statement from Webster County Sheriff Feb. 19:
“This is an extremely painful and scary situation for multiple reasons. Not just for the individuals specifically involved. I’ve known her for years and helped her through many difficult situations. I’ve also worked with my deputy for many years, and he has served our community very honorably. We care about our citizens and recognize the hot-button issues that trigger so many fears within our community. Our goal is to protect and consider the positions of everyone, including those affected by the actions of the parties involved. It is my responsibility to understand the many specific facts and nuances of this investigation, uphold the law, and ensure all citizens can trust our response and actions during challenging moments. I have instructed my staff to do a full investigation, and I have convened a Use of Force Review Board comprised of personnel from different divisions, agencies, and the public. I will carefully consider the recommendations of that Board and respond accordingly.”
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