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Matthew Foxworthy

Dickinson man pleads not guilty to attempted murder

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News Dickinson,North Dakota 58602 http://www.thedickinsonpress.com/sites/default/files/styles/square_300/public/fieldimages/32/1024/0828-matthew-foxworthy-copy.jpg?itok=6UBmqVfO
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Dickinson man pleads not guilty to attempted murder
Dickinson North Dakota 1815 1st Street West 58602

A Dickinson man accused of attempted murder pleaded not guilty Monday to three felony counts during a preliminary hearing in the Stark County Courthouse.

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Matthew Foxworthy is accused of one Felony A count of attempted murder, and one Felony B and one Felony C count of aggravated assault.

He is also charged with one count of Misdemeanor B fleeing on foot.

According to an amended criminal complaint, Foxworthy is accused of strangling his girlfriend June 14 until she was unconscious.

He allegedly knocked teeth out and fractured the facial bones of the female victim, who now has a permanent plate in her chin and a shifted bite in her mouth, according to the document.

It's also alleged that the female victim's injuries caused swelling that cutoff her air supply and required immediate medical attention in order for her to breathe.

In addition, Foxworthy is alleged to have chipped the tooth of a male victim who dined and drank with Foxworthy and the victim the night of the incident. The male victim is believed to have stepped in in defense of the female victim.

Foxworthy's attorney, Kevin McCabe, questioned whether a chipped tooth constitutes a Felony C charge.

After a five-minute recess, Judge Zane Anderson concluded that sufficient probable cause was provided for the charge.

Officer Nick Gates with the Dickinson Police Department testified that he was dispatched to a house around 2 a.m. June 12.

Gates said when he got near the scene he saw two people standing in an open lot and he turned a spotlight on them. He said one person fell to the ground and the other person ran.

"I parked my car and ran up the hill," Gates said. "When I could see between the two houses, I shined my flashlight on him and told him to stop."

He said a man in boxer briefs, later identified as Foxworthy, yelled at another officer who ordered him to the ground.

Gates said when the man did not comply, Gates fired his Taser but nothing happened.

He said Officer John Hiltunen fired his Taser but Foxworthy still did not react. That's when Gates said he reloaded his Taser and fired again.

This time, Gates said the man slowly fell to the ground until he complied with the officer's commands and was handcuffed by two other police officers.

Hiltunen said Gates instructed him to go to the female victim, whom he found in a patrol car across the street.

Hiltunen said "her face was covered in blood, her face was swollen and multiple teeth were missing."

He also said he had a difficult time understanding the victim when she tried to say her name.

Sgt. Kylan Klauzer with the DPD said statements from Foxworthy and the female victim show a history of domestic violence in their relationship.

Foxworthy is being held in the Southwest Multi-County Correction Center.

An attempted murder conviction carries a maximum penalty of 20 years in prison and a $10,000 fine.

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