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Cheever testifies he intentionally killed Sheriff Matt Samuels

Originally published 09:15 a.m., October 27, 2007
Updated 09:15 a.m., October 27, 2007

Eureka — For the first time, Scott Cheever publicly admitted Friday that he intentionally shot and killed Greenwood County Sheriff Matt Samuels nearly three years ago.

Taking the witness stand in his own defense in the state's capital murder trial against him, Cheever, 26, talked about his history of using methamphetamine.

He told the jury about his struggles with the drug, which he claimed led him to a life of crime and, ultimately, to shooting Samuels, 42.

The defense aims to show that meth clouded Cheever's mind so much he couldn't form the premeditation needed to commit capital murder. If found guilty and that strategy succeeds, he faces life in prison rather than the death penalty. Cheever also is charged with attempted capital murder of four law enforcement officers, manufacturing methamphetamine and criminal possession of a firearm.

Cheever, the only witness called Friday, answered frankly when a prosecutor questioned him about his memory of details of the shooting. Cheever testified that he injected meth about 30 minutes before the sheriff arrived to try to serve warrants for Cheever’s arrests.

“You didn't want to go back to jail,” said Barry Disney, an assistant Kansas attorney general. “And that's why you shot the sheriff.”

“Yes,” Cheever said.

“That’s what this is about, isn’t it? It isn’t about being high on meth. This is about you shooting the sheriff, so you wouldn't go back to jail?”

“No,” Cheever said.

Cheever said he’d been bingeing on meth since Thanksgiving; he hadn't slept for about a week, and he had worked his way up to doing about twice the amount of meth that most of his friends were ingesting.

After graduating from Madison High School, Cheever got his first taste of meth, he told public defender Ron Evans.

Until then, he'd smoked pot. But Cheever said one day, his dealer didn’t have any marijuana. Cheever saw a bag of white powder.

“I asked, what is that?” Cheever said. “He said ‘meth.’ I said, 'Well, I’ll take some of that.’

“I was instantly hooked,” Cheever told the jury.

According to testimony and records:

Cheever committed his first crime in 2000, holding up a store in Eureka and beating the owner.

After getting probation, Cheever failed in a drug rehabilitation program and then again in a halfway house in Topeka. He was ordered to prison and, in 2003, four days before he would complete his 36-month sentence, Cheever got caught with tobacco in the Ellsworth Correctional Facility, in violation of a new law. Cheever served an additional 10 months for possessing contraband.

During that final stint, Cheever said, he learned how to make his own meth.

Within days of his release, Cheever resumed his drug life. He began visiting Darrell and Belinda Cooper at their house in Hilltop, because the secluded area provided a good place to make meth.

That’s where Samuels went looking for Cheever, trying to serve warrants on stealing guns from his stepfather and not reporting to his parole officer.

Cheever said he sat upstairs with the gun cocked and loaded.

“I didn’t think he would come upstairs,” Cheever said.

The staircase at the Cooper home was covered and didn’t look accessible. That’s where he set up his meth lab that morning.

Cheever recounted in detail the shooting of the sheriff, continuing to fire on deputies as they tried to aid Samuels. He also recalled thinking about committing suicide as a team of state troopers rushed inside a tear-gas-laced room after him.

“So after you shot the meth, you were conscious of what was going on around you?” Disney asked.

“Yes,” Cheever said.

“This isn't a situation where you blacked out or anything?”

“No.”

“When you picked up the gun, you knew you were picking up the gun?”

“Yes, sir."

“When you pulled the trigger, you knew you were pulling the trigger? You did it intentionally.”

“Yes, sir.”

“You did it with premeditation."

“No, sir.”

Cheever said he shot out of fear.

“Was this a plan you had?” asked Evans, head of the Kansas Death Penalty Defense Unit.

“No,” Cheever said. “You just panic and punch.”

Disney pointed out Cheever's aim that morning. His first two shots hit Sheriff Matt Samuels in the torso. Later, his first shot at the state troopers hit their bulletproof shield.

“That's pretty good shooting, isn't it?” Disney said.

“In hindsight,” Cheever answered.

Comments

slipandslide (anonymous) says...

does kansas use the death penalty, or do they just threaten it? i know phil kline was clearing the decks for this guys execution, does anyone know if it can happen in kansas. if there are executions, it will be a toss up who will go first cheever or lisa montgomery. at any rate the troopers should have executed him as soon as samuels was shot

October 27, 2007 at 10:01 a.m. ( | suggest removal )

abc123 (anonymous) says...

Oh come on, let's at least let all the law enforcement members have a chance with Cheever in a locked room, you know, eye for an eye? Seriously we need to revert back to some ancient forms of punishment for these criminals that casually shoot upstanding law enforcment officers or cut an innocent woman's womb open to steal her beautiful baby.

October 27, 2007 at 10:31 a.m. ( | suggest removal )

slipandslide (anonymous) says...

gives me the creeps reading about it

October 27, 2007 at 11:11 a.m. ( | suggest removal )

marebear14 (anonymous) says...

I think the death penalty should be used in both cases. I think the drug use is a cop out. It sounds like someone had tried to help Cheever in the past and he just didn't accept the help or whatever. I understand drugs ruin the brain but according to the article he had admitted to cold blooded murder. Not only that but I heard somwhere last week that his mom was threatening witnesses. Come on this should be an open and shut case. There are better things to do with the taxpayers money.

October 27, 2007 at 1:16 p.m. ( | suggest removal )

create (anonymous) says...

Yes, his mother was threatening witnesses according to an article last week. I'm not making any excuses for Cheever, but where was his mother when he was 2? 5? 12?

Kansas needs to put both Montgomery and Cheever to death soon, and not wait around forever and ever wasting our money.

October 27, 2007 at 4:22 p.m. ( | suggest removal )

Wasp (anonymous) says...

Yep, definitely need to exercise the death penalty. Prison and drug rehab certainly did not do what they were supposed to do for this guy!

October 27, 2007 at 6:40 p.m. ( | suggest removal )

yellow82 (anonymous) says...

If Cheever gets the death penalty he'll be dead before the needle even touches his arm. If not by prison guards, then by other inmates.

October 29, 2007 at 8:50 a.m. ( | suggest removal )

suzyQ (anonymous) says...

Well lisa was convicted in MO ,not kansas so guess MO better do the lethal injection at Potosi.But since she was convicted in federal court , she has a date with the same gurney that Timothy McVey was strapped to in Indiana.

October 29, 2007 at 2:14 p.m. ( | suggest removal )

Bigearl2 (anonymous) says...

This is a poem passed on to me by a relative of the 21 year old female who lost her life while addicted to crystal meth. This is a true happening. A 21 year old female was addicted to crystal meth, overdosed, and lost her life.

October 29, 2007 at 5:08 p.m. ( | suggest removal )

Bigearl2 (anonymous) says...

Meet Mr. and Mrs. Crystal Meth.

I destroy homes – I tear families apart.

I take your children and that’s just a start.

I’m more valued than diamonds, more precious than gold.

The sorrow I bring is a sight to behold.

If you need me, remember, I’m easily found.

I live all around you, in school and in town.

I live with the rich, I live with the poor.

I live just down the street and maybe next door.

I’m made in a lab, but not one like you think.

I can be made under the kitchen sink,

In your child’s closet, and even out in the woods.

If this scares you to death, then it certainly should.

I have many names. But there’s one you’ll know best.

I’m sure you’ve heard of me, my name is Crystal Meth.

My power is awesome, try me, you’ll see.

But if you do, you may never break free.

Just try me once and I might let you go.

But if you try me twice, then I’ll own your soul.

When I possess you, you’ll steal and you’ll lie.

You’ll do what you have to do, just to get high.

The crimes you commit for my narcotic charms,

Will be worth the pleasures you feel in my arms.

You’ll lie to your mother; you’ll steal from your dad.

When you see their tears, you must feel sad.

Just forget your morals and how you were raised.

I’ll be your conscience, I’ll teach you my ways.

I take kids from their parents; I take parents from their kids.

I turn people from God, I separate friends.

I’ll take everything from you, your looks and your pride.

I’ll be with you always, right by your side.

You’ll give up everything, your family, your home.

Your money, your true friend, then you’ll be alone.

I’ll take and take till you have no more to give.

October 29, 2007 at 5:09 p.m. ( | suggest removal )

Bigearl2 (anonymous) says...

When I finish with you, you’ll be lucky to live.

If you try me, be warned, this is not a game.

If I’m given the chance, I’ll drive you insane.

I’ll ravage your body; I’ll control your mind.

I’ll own you completely; your soul will be mine.

The nightmares I’ll give you when you’re lying in bed,

And the voices you’ll hear from inside your head.

The sweats, the shakes, and the visions from me.

I want you to know these things are gifts from me.

But then it’s too late, and you’ll know in your heart

That you are now mine and we shall not part.

You’ll regret that you tried me (they always do).

But you came to me, not I to you.

You knew this would happen.

Many times you’ve been told.

But you challenged my power,

You chose to be bold.

You could have said no and then walked away.

If you could live that day over now, what would you say?

My power is awesome, as I told you before.

I can take your life and make it so dim and sore.

I’ll be your master and you’ll be my slave.

I’ll even go with you when you go to your grave.

Now that you’ve met me, what will you do?

Will you try me or not? It’s all up to you.

I can show you more misery than words can tell.

Come take my hand, let me lead you to H---.

Written by

Alicia VanDavis

October 29, 2007 at 5:10 p.m. ( | suggest removal )

slipandslide (anonymous) says...

good poem thanks for showing that one

October 29, 2007 at 10:56 p.m. ( | suggest removal )

MelissaE (anonymous) says...

Okay.....here's my opinion and, although it may not be terribly popular, I just want to share:

I've worked in criminal defense for at least 8 years. Even my husband gives me sh*t because he doesn't agree with "defending people who are guilty." Or defending people who are atrocious, at best.

However, first and foremost, EVERYONE is entitled to a trial. Everyone. From Timothy McVeigh to this guy. It's an American right.

That being said, I don't understand what the death penalty will do for (1) the family of Matt Samuels, (2) Cheever and (3) the State of Kansas?

I can only assume that Mr. Samuels' family will "feel better" with this guy on death row......but I don't know that for fact, I am just speculating.

With Cheever, well, it's obvious he is a loser. However, meth should concern EVERYONE in Lyon County, the State of Kansas and this country. If you can be hooked after one try, well, have YOU checked on your child today? How about anyone else you love?

And finally, the State of Kansas. Does everyone realize that if he is sentenced to the death penalty, he's got an automatic appeal process....which would likely would cost more than paying for JUST his life in prison. It's a double-edged sword. If he gets the death penalty, the taxpayers pay for his (Constitutional) appeal as well as his life in prison up to and including his death (and maybe even his burial).

However, if he gets ONLY life in prison, it's doubtful (but not impossible) that he would appeal. And we all know that inmates take care of things that NEED to be taken care of.

***here's my disclaimer, though**** I am not, by any means, defending this guy. I don't have near the information that the courts do.......however, from what I have read, yeah, he probably does deserve to die. But at what cost? At the cost that we, the taxpayers and/or family members will remember this loser every time we get a tax bill? Or remember him every time we hear about "another death penalty case"?

It just feels like receiving a death penalty sentence makes the case go away.

But it doesn't. It never has and never will.

M

October 29, 2007 at 11:51 p.m. ( | suggest removal )

neighbor (anonymous) says...

IMO, someone who shot and killed a armed cop who was most likely wearing a vest, with Deputies there to back him up or on the way, deserves to get the death penalty. If they will kill a cop, that means they have absolutely no fear or problem with taking anyone's life. Not that cops are above the average citizen, but the majority of the citizenry is unarmed, easy victims for sociopaths like this guy.

October 30, 2007 at 5:41 p.m. ( | suggest removal )

MelissaE (anonymous) says...

neighbor, I agree with you.....except about "deserves to get the death penalty."

Because in that case, not only is he dead (rightfully so, I suspect) but every single person in KS gets to pay for his death, his rightful appeal, his stay in prison.

With JUST life in prison, well, there's nothing else to pay for.

M

October 30, 2007 at 8:24 p.m. ( | suggest removal )

neighbor (anonymous) says...

Just $30K-$40K a year for the rest of his miserable life. And if you haven't heard, there's no room at the Inn. Perhaps it's time to look at correcting the $$$$ racket that the Lawyers have written themselves into in our disfunctional legal system.

October 30, 2007 at 8:33 p.m. ( | suggest removal )

MelissaE (anonymous) says...

Where'd you get that number? ($30-40k/year)

Before I respond, I'm just curious. Thanks.

M

October 30, 2007 at 9:52 p.m. ( | suggest removal )

neighbor (anonymous) says...

There was a report about prison overcrowding some time back, that quoted State costs for housing state prisoners. It did not state the exact amounts I posted, I'd be willing to bet if the state itemized everything each prisoner consumed, used, wore out, medical, dental, eyeware, transportation costs, staffing, percentage of utilities etc, the figures would be higher.

October 30, 2007 at 11:37 p.m. ( | suggest removal )

neighbor (anonymous) says...

Google it, bunchs of data about it. Take your pick of links, I saw from $21,600.00yr to $75,000.00/yr. per inmate.

October 30, 2007 at 11:51 p.m. ( | suggest removal )

slipandslide (anonymous) says...

its very expensive to keep an inmate in prison, ive heard figures larger than what you came up with i dont know how reliable to report was, but put it this way, if you or me spent that much on ourselves each year life would be good. the courts have gone so far in protecting criminal rights that once someone gets the death penalty, the right to frivioluous appeals forever belongs to the inmate. all this protection of rights amounts to tons of money and now the current thinking is that its actually cheaper to give them life in prison so they dont have the right to ongoing appeals, it keeps them off the streets and saves a ton of money. i think if the death penalty is used instead of threatening in the long run it would cut back on the number of people willing to murder, okay some people will murder regardless of the penalty, but it would be preventative and then there would be fewer people needing to be in prison for life. im thinking that since dna has been such solid evidence that people who have sat in prison sometimes for decades are now being released based on dna that proved their innocence. we no longer have the lingering thought of whether or not an innocent person is being jailed. if folks can be released , why isnt todays evidence good enough to keep them from having charges reduced? with crack and meth so popular there will no doubt be more impulsive murders and the punishment should fit the crime. i can think of murders where the victims had no idea they where in harms way,wasnt the source of the criminals problems and they were the ones killed, oklahoma city, kelsey smith in overland park, mary clark, and lisa mongomerys victim , was it fair or were their rights protected when they were killed? no, did anyone insure that the victims never recieved cruel or unusual treatment? no did the criminal give them second chance at life? no should it be fair that someone can decide when to take a life and not lose theirs? no should the death penalty be used for anyone who kills a police officer?YES!!!
i see the point you are trying to make, they deserve fair trial, make sure they did it, then what? put them in prison for life so they can get adjusted to their new life? drugs are plentiful in prison, so for someone like cheever what could be better? should he be executed? YES!!!

October 31, 2007 at 12:30 a.m. ( | suggest removal )

marebear14 (anonymous) says...

I understand that meth can hook someone on the first use. I work very hard to try and help keep drugs out of my community. I spend a lot of time with my kids, I know who their friends are and who the parents of those friends are. So I'm sure my kids are not involved with drugs. That being said I think sometimes we need to go back to the old west days. Let them have their trial then if found guilty take them out and hang em. Maybe that would deter someone else from doing the same thing and would save the tax payers a lot of money. JMO

That being said I have also heard that it's cheaper to keep someone in prison for life than sentence them to death, but how long is life in prison? Would he be elegable for parole in 20 yrs or 25 yrs? He wouldn't be to terribly old and he would probably be addicted to more/different drugs and he would probably be much better at his criminal behavior. Who knows maybe I'm wrong. Maybe he would get all the help that he needs and get out of prision and be a model citizen, yeah right. I guess I'm just saying when was the last time a life sentence meant life.

October 31, 2007 at 6:45 a.m. ( | suggest removal )

netloafer (anonymous) says...

M

You asked me a question about the death penalty in another forum, and I thought it best to answer the question here.

I support the death penalty, but in a far more limited number of cases than our current system supports. The types of cases that warrant its use, in my mind, are the types of pre-meditated crimes against children by sexual predators that are becoming all too common. I support its use in cases of treason (the case of the Rosenbergs comes to mind).

One problem with the death penalty is its uneven application. Minorities are sentenced to death far too disporportionally, in part because they can't afford a vigorous defense and in part because of community pressures to clean up inner city crime. Recent advances in technology have demonstrated that there have been far more cases in which innocent men, particularly minorities, have been executed. The recent Illinois cases come to mind.

Another problem with its application is the carnival atmosphere that often seems to attend executions. I find the sight of people celebrating at these events repulsive. There's nothing in it that I see as cathartic.

I suppose that more could be said, but I think this pretty much covers it as far as I'm concerned.

October 31, 2007 at 9:48 a.m. ( | suggest removal )

create (anonymous) says...

According to netloafer, "Minorities are sentenced to death far too disporportionally, in part because they can't afford a vigorous defense and in part because of community pressures to clean up inner city crime."

I'm guessing that those inner city crimes are being committed in the first place, so why shouldn't they be punished. I don't believe that is disproportionate at all. A crime is a crime is a crime whether its meth labs in rural areas or rapes and murders in inner cities. That's why judges have sentencing guidelines.

October 31, 2007 at 10:15 a.m. ( | suggest removal )

idontknow (anonymous) says...

This is a very sad ordeal that has happened to this community, and justice needs to be served no doubt about it. The sheriff was a very wonderful man and did alot for the community, he made you feel like "family" and treated you like family, with respect most of all. The system failed Scott Cheever, big time!!!!! But of course he made his choice to put that needle in his arm, and do the crimes he did. You cannot help someone if they don't want help. No matter what, people should be responsible for their actions, we teach our children that. For people to write things so mean and nasty, is unreal. But that's their right in this country. And by know means am I not sticking up for this man, but I do truely believe that you would have no ideal what you would do unless you are in that situation. And for people to say kill him, that's what he deserves, well just think that if your son, daughter, brother, father, etc did something this horrible, yeah you would want them to be punished but could you stand there and let someone else say "kill him he deserves it" what would your reaction be, think about that people. Everyone has the abillately to forgive, the Samuels family will forgive some day, never forget though, you will NEVER forget something this tragic in your life. Scott Cheever will have to remember EVERY DAY the crimes he did, especially killing Matt Samuels. God have mercy on his soul and ours. Justice will be served, some people might not agree to the outcome, and other people will agree with the outcome. The community is strong and go on but it will never be the same without Sheriff Samuels coming down the street, he will forever be the gaurdian angel of Greenwood County.

October 31, 2007 at 11:41 a.m. ( | suggest removal )

justsayno (anonymous) says...

Premeditated murder is the crime of wrongfully causing the death of another human being (also known as murder) after rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension.

http://en.wikipedia.org/wiki/Premedit...

1.Cheever said he sat upstairs with the gun COCKED AND LOADED.
2.“You didn't want to go back to jail,” said Barry Disney, an assistant Kansas attorney general. “And that's why you shot the sheriff.”

“Yes,” Cheever said.

Enough Said.

November 1, 2007 at 12:43 a.m. ( | suggest removal )

slipandslide (anonymous) says...

he managed to shoot more than one person at the same time he kept himself in a position to keep from being shot, he knew the sheriff was on the way to serve a warrant and readied himself for a shooting, thats premeditated and he was good carrying out his plan and from what the paper said he was a darn good shot.he knew what he was doing, not to high to comprehend like he says

November 1, 2007 at 7:23 a.m. ( | suggest removal )

MelissaE (anonymous) says...

netloafer, I find it interesting that you would support the death penalty (the taking of a human life) and yet be against the taking of a "life" in the other forum. Kind of flip-floppy and judgmental if you ask me. But I suppose the same could be said for me because, in the other forum, I think choice is a good thing and I am really "on the fence" regarding the death penalty.

Regarding Cheever, I don't think anyone is disputing his actions or trying to make him sound "better." He was found guilty by a jury of his peers, end of story.

I also agree with previous posters that to wish anyone dead is atrocious. Sure, wish them to go away, wish them a hard life or whatever, but don't wish people to death......it's bad karma if you ask me.

M

November 1, 2007 at 10:22 a.m. ( | suggest removal )

netloafer (anonymous) says...

M

I don't see your position as incosistent or "flip-floppy," nor do I mine. We all generally think consistently with our belief systems. I'm sure we all have gaps in our thinking that can be viewed as inconsistencies, but in the end almost all of us are really consistent with our belief systems.

It would take more time and space than is available on this forum to look at the two issues in detail to separate why we believe in one thing about the issues in one cases versus the other.

I am pro-life and I do support the death penalty in a limited number of cases. I do believe it is used too often, that it is too often disproportional, and that all too often becomes a grisly spectacle with little or any cathartic effect.

I believe what I believe. That's about all I can say about it. If my thinking is deemed to be inconsistent I'll have to be content living with that.

November 1, 2007 at 10:41 a.m. ( | suggest removal )

slipandslide (anonymous) says...

how can someone be pro life but support the death penalty? sounds like a conflict, but the unborn have not committed cold blooded murder.

November 1, 2007 at 11:02 a.m. ( | suggest removal )

MelissaE (anonymous) says...

netloafer.....your explanation works for me. Especially to save time & space. :)

slipandslide: Not all those on death row have committed cold-blooded murder. In fact, since DNA testing became available there have been several releases of prisoners on death row who were actually found innocent.

M

November 1, 2007 at 5:51 p.m. ( | suggest removal )

slipandslide (anonymous) says...

name one that has been convicted and sentenced to death using todays evidence, then found innocent and released,not released based on misrepresentation or some violation of criminal rights. i really dont think an innocent person is getting to death row with the evidence that is used today, a few got there before dna was used and that was usually the argument against death, there was always lingering 'what if ' the person didnt do it? and now we can see that hesitation was a good thing. then dna started letting people be released. not many are going to get there without earning their place there.

November 1, 2007 at 6:28 p.m. ( | suggest removal )

MelissaE (anonymous) says...

slipandslide: That was my point....not only are death row inmates NOT ALL killers, there are also documented cases AFTER DNA WAS ALLOWED AS EVIDENCE to release those inmates, regardless of the crime.

I have a hard time saying "give him death" if I don't have 100% proof, kwim?

I don't think I ever said anything about "todays evidence" (sp). I meant generally.

M

November 1, 2007 at 11:30 p.m. ( | suggest removal )

netloafer (anonymous) says...

DNA is a great forensic tool, but not every capital case hinges on DNA. It's not used in all cases.

November 2, 2007 at 6:10 a.m. ( | suggest removal )

emporialifer (anonymous) says...

I found it interesting that a completely different topic (pro life) was brought up here because as I recall when I brought up this topic in another forum to compare to the one being discussed, I was told I was "baiting" someone. I guess it is okay to bait, but not be baited.

slipandslide - your comment is exactly why I feel there is nothing strange about a person who is pro life and for the death penalty. You can't compare the death of an innocent, helpless living fetus with the justified death of an individual who was allowed the freedom to make the choice to take the life of someone else (proven beyond reasonable doubt of course). Is our justice system perfect? No way. I'm sure there are a lot of innocent people in jail right now, but I'm also willing to bet there are a lot of guilty people not in jail right now. There are; however, a lot of criminals that have committed such heinous crimes that would probably make many of us sick to know about, yet the taxpayers are footing the bill for them for the rest of their lives (or whatever their sentence might have been). I stand by my opinion that if we had much harsher punishments for crimes, people would think twice before committing them. I get so sick when I hear people talk about how lethal injection or whatever is cruel and unusual punishment for someone who took another's life. When did we begin forgetting about the victims of the crimes? I highly doubt that Bobbi Jo Stinett would think that her strangulation by Lisa Montgomery and then having her baby cut from her was a pleasant ending to her life. Victims don't have much say in how they are treated, so why should we worry and spend so much money making sure the convicted criminal (assuming he/she is guilty) are comfortable? I don't wish death on anyone, but I think we have to get back to a place where people understand the value of life.

November 2, 2007 at 2:59 p.m. ( | suggest removal )

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