Former Lincoln man sentenced for first

Defendant Kolton Barnes looks to the jury as he testifies in his murder trial April 29 in Saunders County District Court in Wahoo.

Kolton Barnes is alleged to have killed his fiancée at 236 Bowen Ave. in Malmo.

Watch part of defendant Kolton Barnes's testimony with questions from both defense attorney Matt McDonald, with the Nebraska Commission on Public Advocacy, and prosecutor Sandra Allen, with the Nebraska Attorney General's office, in Barnes' murder trial in Saunders County District Court on Thursday, April 28, 2022.

WAHOO — A 27-year-old former Lincoln man learned Monday he would get life without parole plus 85 to 106 years more for strangling and stabbing his fiancée to death at their home in Malmo and leaving her young children alone to find her.

Kolton Barnes turned down an opportunity to speak at his sentencing for Kayla Matulka's killing but maintains it was self defense.

Barnes

"I understand it all," he told Saunders County District Judge Christina Marroquin. "I'm not going to waste your time."

His attorney, Matt McDonald of the Nebraska Commission on Public Advocacy, said Barnes plans to appeal.

In May, a jury found him guilty of first-degree murder for killing Matulka, his 27-year-old fiancée, in their bedroom early July 15, 2020, as her two young children slept.

At trial, Barnes testified that Matulka attacked him with a knife when he returned home that night from the bar.

He told the jury he went in their bedroom, saw his dog, Diesel, on the floor, then Matulka coming at him with a knife. He said he put his hand up to block her and punched her three times and they fell to the floor with him on top of her, the knife in her chest.

The state argued it was first-degree murder and pointed to evidence that suggested Barnes had kicked his way into the house, just as he'd threatened to do in texts later deleted, after she told him their relationship was over and not to come home.

Kayla Matulka

The next morning, Matulka's 11-year-old son Jayden and 6-year-old daughter Kinsley went to a neighbor's house saying they couldn't find their mom or Barnes. Jayden went back alone to check if they'd returned, but soon came back saying his mom was dead.

The neighbor -- and then police -- found Matulka naked and dead on the floor with a black eye and purple, finger-shaped bruises on an elbow.

She had had been stabbed 24 times.

On Monday, Assistant Nebraska Attorney General Sandra Allen said this was a case about credibility. Specifically Barnes'. The jury heard his self-defense claim and didn't find him credible.

Instead, they found him guilty of seven felonies: first-degree murder and use of a deadly weapon to commit the crime; two counts of negligent child abuse; animal cruelty and use of a deadly weapon for stabbing his dog to death; and tampering with evidence.

Allen said Barnes beat, strangled and stabbed Matulka, then acted methodically to cover his tracks, getting rid of the knife, deleting texts and sending fake ones to Matulka knowing she was dead.

"All of these things are contrary to what a self-defense case would be," the prosecutor said.

She said Barnes didn't appear to have any remorse whatsoever for her death.

"The only redeeming quality that Mr. Barnes has is that he didn't harm those kids that night," Allen said.

On the other side, McDonald pointed to the testimony of an investigator who said whatever happened likely happened fast. He asked the judge to take that into consideration.

In the end, the judge called the lack of accountability and remorse she had observed by Barnes troubling.

"This was an atrocity, the crime that was inflicted on Kayla Matulka. And the actions were violent and brutal," Marroquin said.

A new employee of the Adult Book and Cinema Store disappeared overnight April 18, 1974, along with 51 bondage-themed adult magazines, a calculator and $30. A cord leading to an extension from a pay phone had been cut and the shop door left unlocked.

Two and a half days later, a man went to feed cattle on a vacant farm he owned east of Hallam and found her bullet-riddled body.

Patricia Carol Webb was nude under the hay, except for a quilted jacket, one of 143 extra-large jackets distributed by a feed mill and given to customers or sold to employees. Webb, 24, had a piece of tape over her mouth.

Thirty-eight years later, her death remains one of Lincoln's greatest murder mysteries.

"This case has been investigated, reinvestigated, reinvestigated. A lot of effort put into it," said Lincoln Police Sgt. Larry Barksdale, who was tasked with the investigation since the early 1990s. Barksdale retired in 2012, but the case remains open.

Together, Lincoln police, the Lancaster County Sheriff's Office, Nebraska State Patrol and FBI logged nearly 15,000 man hours during the first year alone. They even consulted clairvoyants.

Tina McMenamin, an 18-year-old UNL freshman, was stabbed and sexually assaulted in her apartment on July 25, 1995.

Gregory Gabel, a mentally ill Lincoln man, was arrested in the homicide and has always been the prime suspect, an investigator said, even after pivotal DNA evidence failed to link him to the crime scene. Gabel has a computerlike memory for numbers and facts and a history of following women at businesses and public events, retired investigator Rich Doetker said in 2005.

McMenamin was killed in the minutes before she was due at work at Godfather's Pizza at 5:30 p.m. that night in 1995. Roommate Sarah Bognich found her friend in a pool of blood that night.

"The apartment was ransacked. I walked past the bedroom a couple of times before noticing her on the floor. My life changed after that. I tried to go back (to college), and I couldn't ever finish."

A single hair clutched in McMenamin's hand led police to Gabel. It matched his DNA, a one-in-1,049 chance. Circumstantial evidence also linked Gabel to the apartment building. And a man matching Gabel's description was seen fleeing the crime scene, Amberwood Apartments, 4600 Briarpark Drive.

That night, Gabel was a block away at a Sonic Drive-In. He was there every Tuesday night, cleaning up in exchange for food. And Gabel had earlier convictions for third-degree sexual assault and public indecency. Police arrested him a year after the crime.

But two years later, when a different DNA test proved the hair was not Gabel's, he was released. That hair, however, didn't necessarily belong to the killer, Doetker said. The investigator also has suspicions about the validity of the second DNA test, conducted in a Pennsylvania lab.

"There were questions that came up: Was it the right hair? The same hair?" he said.

Murder charges were dropped against Gabel with the hope that additional evidence would be found to re-arrest him, Doetker said. If the case went to trial and Gabel was found innocent, Doetker added, he could not be retried if new evidence came to light.

Mary Hepburn-O'Shea, who has worked in the mental health field in Lincoln for decades and has known Gabel for many of those years, said in 2005 that the man lost two years in jail for something he didn't do.

Hepburn-O'Shea runs downtown O.U.R. Homes, the city's largest provider for developmentally disabled people that also houses people with mental illnesses. Gabel lives and works there. "He's a weird kid," she said. "He's not ever a violent kid."

Then-Assistant Police Chief Jim Peschong, speaking in 2005, added that you can't try a case on personal beliefs and supposition. Peschong said he personally believes there is a suspect in the crime, but he declined naming anyone.

A 30-year-old Iraqi refugee with a new bride and a new home was slain in 2001 in the city where he came to begin a new life. Ali Saleh Al-Saidi's body was found in June 2001 in Salt Creek, east of the North 70th Street bridge near the Abbott Sports Complex. Then-Police Chief Tom Casady said Al-Saidi suffered "significant traumatic injuries."

Friends and family members said that Al-Saidi moved to Lincoln from Dallas a few months earlier. He had lived five years in Texas and was in a Saudi Arabian refugee camp before his arrival in the United States.

Casady called Al-Saidi a "Gulf War era" refugee and said he had recently married an 18-year-old Lincoln resident and fellow Iraqi exile.

Al-Saidi wed Azher Alghazawi on June 16. She spoke about the husband and friend she lost. "He's a good man," she said. "I love him very much." A welder by trade, Al-Saidi also loved to fix cars. He enjoyed making people laugh with funny faces.

Azher said her husband left their South 18th Street apartment to find an apartment key around 10:45 p.m. the day before his body was found. It was the last time she saw him alive. Just hours earlier, said Saleh Al-Daraji, a longtime friend of Al-Saidi's, he had helped Al-Saidi move some belongings from his old D Street apartment.

Authorities did not know whether the slaying took place near Salt Creek or whether the body was moved. Police found Al-Saidi's 1991 Chevrolet Caprice parked beside a curb at the corner of 21st and Dudley streets, then-Capt. Allen Soukup said.

In September 2001, a Lincoln couple who had been earlier interviewed by police about the slaying were arrested while trying to flee the country, authorities said.

Rabeha Kadhim Zaher Al-Atbi and her husband, Asaad Al-Asady, tried to board a flight to Syria from O'Hare International Airport, Lincoln Police Investigator Kathy Phillips said. "I'm not going to label them suspects," Lincoln Police Capt. Gary Engel said.

According to the affidavit signed by Phillips seeking the arrest of Al-Atbi as an accessory to a felony, she lied to police during a July 5 interview about Al-Saidi's whereabouts on the night of his slaying and about having had an affair with him. She later admitted to police she had had an affair with Al-Saidi, according to the affidavit.

The arrest affidavit goes on to describe how interviews with Iraqis in Lincoln have led police to believe Al-Saidi's death was a "crime of honor" and that Al-Saidi was killed for having brought shame or dishonor to his or another Iraqi family.

Gina Bos disappeared near Duggan's Pub in downtown Lincoln on Oct. 17, 2000, at the end of open mic night. She put her guitar in her trunk and then vanished.

The cold case is classified as a missing persons case, although it's highly unlikely Bos, 40 when she disappeared, is alive. Koziol declined to detail the leads the department has chased, citing the open investigation.

Bos was a middle child in a large, close-knit family; she was waiting for a Habitat for Humanity house and had begun a new job when she vanished.

Bos’ sister, Jannel Rap, became the family's spokeswoman early in the search. She started the Squeaky Wheel Tour, traveling the country performing and bringing attention to Gina and others who are missing in the cities she visited. She also started 411 GINA, a website with a hotline for tips about her sister's whereabouts.

Said Koziol: "Someone knows what happened to her. Hopefully one day they will finally find it in their soul to come forward."

Law enforcement hoped someone would remember seeing the dated minivan Ann Marie Kelley was driving when she disappeared. Neither has ever been found.

Reach the writer at 402-473-7237 or [email protected].

On Twitter @LJSpilger

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Public safety reporter

Lori Pilger is a Norfolk native and University of Nebraska-Lincoln graduate who has been a public safety reporter for the Journal Star since 2005.

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