Gollubske’s attorney says charges should be dismissed
Written by Jesse Baroka on September 18, 2019
HURLEY – The public defender representing a Kimball man accused of bombing an asphalt plant has filed a motion to dismiss the charges against his client, arguing too much time has passed since the explosions to allow for a fair trial. In a motion filed at the end of August, 39-year-old Matthew Gollubske’s attorney, William Appleton, seeks to dismiss the charges due to a “pre-charging or pre-arrest delay.” The motion states law enforcement agents interviewed Gollubske and conducted a search of his property shortly after the bombing in July 2015, but no arrest was made until June 17, 2019. Appleton argued the delay between the incident and arrest violated Gollubske’s rights and “resulted in actual prejudice to the accused.” It also points to the August ruling that found his father, Robert, not competent to stand trial on the same two charges Matthew faces in connection to the bombing. Assistant attorney general Richard Dufour is prosecuting the case for the Wisconsin Department of Justice in conjunction with Iron County District Attorney Matt Tingstad. In a response filed yesterday, Dufour argued the delay in filing charges didn’t meet the standard to serve as grounds for dismissal. The 39-year-old Gollubske, is charged with two counts of being a party to the crime of using explosives to damage property in connection to several explosions on the morning of July 4, 2015, at Mathy Construction’s asphalt plant off U.S. 2 in the town of Kimball. Both Gollubske and his father, 82-year-old Robert Gollubske, have previously complained about the asphalt plant and the impact its operations were having on the family and their property nearby in the months before the bombing. A motion hearing is scheduled for Monday in Iron County court, according to online records.