Missouri man to stand trial in sexual conduct case involving child
(ABC 6 News) – A former Rochester resident appeared in Olmsted County Court Thursday on nearly 10-year-old criminal sexual conduct charges.
Richard Anthony Matney, now 42, was accused in 2015 of soliciting a child for sex, child endangerment, and 2nd-degree criminal sexual conduct with a child under 13 after allegedly showing a child sexual videos, then later forcing the child to drink alcohol and trying to engage in sexual behavior with her.
In 2021, Matney pleaded guilty to amended charges of engaging in sexual communication with a child. He was sentenced to 45 days in Olmsted County jail and 3 years’ probation.
According to court documents filed in 2021, the state called Matney’s conduct “aggressive grooming behavior,” but in his plea, he claimed he had shown the child pornographic videos as a means of revenge against another party.
Court documents indicate that Matney would not have had to register as a sex offender in Minnesota, but his plea was specifically tweaked at sentencing to try to avoid registration in Missouri.
In 2022, Matney allegedly violated the terms of his probation and was ordered to enter sex offender programming in his new home, Lees Summit Missouri.
In 2023, attorney Dan McIntosh appealed Matney’s guilty plea, claiming that because his statements during his plea hearing had not included an overt statement that he intended to arouse or engage in sexual behavior with the child, his conviction should be vacated or withdrawn.
In March of 2024, Matney officially withdrew his guilty plea and was re-arraigned on two charges of 2nd-degree criminal sexual conduct with a juvenile and a charge of child endangerment.
The amended sexual communication charge was vacated after Matney attempted to fight his arraignment on 2nd-degree criminal sexual conduct charges.
“Matney now wants to have his cake and eat it too,” the state’s rebuttal read. “He wants to use estoppel as a sword, retaining the benefit of his bargain by avoiding second degree criminal sexual conduct charges and still getting the benefit of a trial on the lesser offense of electronic communication of
sexual images to a child that was obviously charged only as part of the plea agreement.”
Matney is scheduled to appear for a pretrial hearing Oct. 22, followed by a jury trial Oct. 28.