No jail time for Kalama Councilman Matthew Merz
KALAMA, Wash. – Cowlitz County Superior Court Judge Thad Scudder Friday sentenced sitting Kalama council member Matthew Michael Merz to community service after being convicted of computer trespass and data theft in March.
Merz, 42, avoided jail time but must serve 160 hours of community service and pay fines, after a jury found he illegally accessed the email of another city councilmember as part of his plan to uncover alleged and unproven misconduct concerning the Kalama Police Department.
Merz was ordered to physically stay away from fellow council member Jon Stanfill – whose email Merz was convicted of breaking into – until May 5, 2028. He is still allowed to remain on the council and participate via Zoom.
In reaction to Merz’s sentencing, the Kalama City Council will hold a special meeting on Monday to “address the felony conviction and sentencing” of Merz.
Kalama Mayor Mike Reuter told The Daily News the meeting will address how to legally remove Merz from the council now that he’s been convicted of two felonies and formally sentenced.
Scudder told Merz his remaining time would be in jail if he did not complete his community service by Nov. 17.
Allegations, sentencing
Merz has claimed he found evidence, after guessing Stanfill’s email password, that the city illegally created a secret “shadow committee” to advise the police, which city officials continue to deny. The city reports the committee was legitimately created to get citizen input on the police department’s five-year strategic plan.
In December, Administrative Law Judge Dan Gerard found Merz is a government official, not an employee, and does not qualify for protections under the state whistleblower statute, under one whistleblower claim Merz made through the Washington State Office of Administrative Hearings.
Waiting in the galley Friday were several Kalama city officials, including Stanfill, Reuter, City Clerk Coni McMaster, and Kalama Police Chief Ralph Herrera.
Herrera said the people at the sentencing want Merz to be held responsible for his actions.
“What you saw in there was not a gallery of spectators,” he said. “It was a representation of the community looking for the accountability of (Merz’s) bad deeds.”
Stanfill read aloud a prewritten statement asking the judge for the maximum punishment as Merz failed to take full responsibility for his actions.
Before entering the courtroom, Merz told the Daily News he plans to file a motion for a new trial to submit more evidence.
“I don’t think upholding my constitutional rights in this late juncture is inappropriate,” said Merz.
In court, Merz stood tall, holding a stack of documents and recapping the allegations of conspiracy he made during the trial between Kalama city officials and the Kalama Police Department covering up misconduct, which has not been proven. Merz mentioned the alleged local law enforcement mishandling of a man convicted of cyberstalking Merz, another cyberstalker who reportedly falsified pictures depicting Merz in sexual scenarios, and the emotional toll it took on him.
The latter cyberstalking case was settled in June 2020, reducing the charge against the alleged harasser to littering.
The prosecuting attorney recommended 70 days in jail, but Scudder, taking into account Merz’s noncriminal past, decided on community service. Merz has 30 days to file a notice of appeal.
Stanfill told the Daily News he is “relieved it is over; hopefully, we can move forward.”