Hearing set to determine whether convicted killer should get new trial in Matko slaying

A Chesterfield County judge today set a Feb. 23 hearing for defense arguments on why former gang member Detavis J. King should get a new trial in the 2007 slaying of Chesterfield teenager Ryan Matko.

Circuit Judge Frederick G. Rockwell III granted defense attorney Greg Sheldon's request that King's sentencing hearing, scheduled for today, be continued at least until the February hearing, and probably longer.

A jury convicted King in August of first-degree murder and felonious use of a firearm in the Aug. 22, 2007, shooting death of Matko.

Sheldon filed a motion last week that sought a continuance until he could obtain and review a transcript of the trial testimony of Dominique Johnson, a key prosecution witness, who Sheldon suggested at trial was the real killer. The judge today ordered that a transcript of the entire trial be produced and made available to the defense.

A transcript of Johnson's testimony before a multijurisdictional grand jury also will be made available.

Chesterfield Commonwealth's Attorney William W. Davenport was ready to proceed with sentencing today but didn't oppose Sheldon's motion.

In his motion filed last week, Sheldon said prosecutors failed to provide him certain information about Johnson before trial that could have been favorable to King or discredit Johnson as a witness. Sheldon says he needs a transcript of Johnson's testimony to help him prepare arguments that King's guilty verdicts be set aside and a new trial be ordered.

In his motion, Sheldon suggests that Johnson was pressured by police to provide incriminating information about King after Johnson was arrested on an unrelated drug charge, and that Johnson cooperated believing he would get favorable treatment.