One of two men accused of creating and setting off bombs at an Iron County asphalt plant is attempting to have all charges against him dismissed.
Matthew Gollubske, 38, Kimball, is up against felony damage to property by explosion as party to a crime in Iron County Circuit Court before Judge Gary Carlson, filling in until a permanent judge can be found. Gollubske is said to have acted with his father, Robert “Barrell” Gollubske, 81, Kimball, in causing two explosions at Mathy Construction on the fourth of July in 2015.
Gollubske’s public defender, William Appleton, filed a motion to dismiss last week. According to that motion, Gollubske is requesting dismissal based on pre-charging or pre-arrest delays. Supporting that motion, Appleton said, is the fact that his client was interviewed and his home searched on warrant after the explosions in 2015 and not arrested.
“The delay in charging and arresting defendant has resulted in actual prejudice to the accused; and the substantial delay demonstrates and improper motive to gain a tactic advantage over the accused and/or to harass the accused,” the motion reads. “Specifically, the state’s delay in charging the defendant has significantly impaired his ability to assist his own defense.”
This includes an impaired memory, inability to find witnesses and the inability to recover any more evidence to support him, the motion reads.
Robert Gollubske was recently found incompetent and not likely to regain competency on felony charges of threatening to blow up a Mercer clinic in 2018. He is still facing the same charges as his son and lacks an attorney in that case.
The motion will be heard before Carlson on Sept. 23.
Gollubske’s $250,000 cash bond was recently reduced to $100,000 with restrictions on alcohol and weapons. He may not contact Mathy.