The Girl in the Leaves

by Robert Scott

  Hoffman was away from his motel room for several nights in September 2000, however, and his fellow residents at the D Bar K would have been surprised to know where he was spending his time. But it was not long before they found out—along with why he suddenly left the area without any warning. It happened right around the time an expensive condominium caught on fire, and the residents had to run for their lives from the burning set of buildings. Before the ashes settled, Matt Hoffman was long gone.

  FIVE

  Fire on the Mountain

  Around the time of the condo fire, the Steamboat Springs Police Department (SSPD) was aware that three city signs had been stolen from the city park in mid-September 2000, and they were able to trace their whereabouts to unit 6 of the D Bar K Motel. These were not small signs, but rather the large metal and wooden signs that welcomed visitors to the town. It must have taken a lot of effort to remove them, and it had to be done when no one was watching. The local police learned that Matt Hoffman had been the sole renter of unit 6, and upon entering the unit, the officers found one of the signs; the other two were found under the building.

  Officer DelValle reviewed the Central Park Management Rental application that Matt had been required to fill out to rent the D Bar K unit. Hoffman had listed his grandmother’s phone number on the rental agreement form. DelValle phoned the number and spoke with Hoffman’s grandmother. She told DelValle that Hoffman had been in the Steamboat Springs area recently, but had since left. A short time later, Hoffman’s mother in Ohio, Patricia, phoned DelValle and asked why the police department was inquiring about her son. DelValle explained the circumstances, and Patricia said she would have Hoffman contact him as soon as possible.

  Six days later, DelValle received a voice mail from Matt Hoffman, requesting a call back and giving a phone number where he could be reached in Ohio. DelValle called Hoffman at 5:50 PM on September 14, 2000, and asked if he had stolen three signs from the city park. Unexpectedly, Hoffman said that he had, and that he was solely responsible for their theft. In fact, he gave details of loading the signs into a pickup truck that had a rack and then transporting them to the D Bar K Motel.

  DelValle asked Hoffman why he had stolen the signs. His answer was simple: “I wanted some souvenirs from Steamboat.” Ironically, however, he hadn’t taken them with him when he left town.

  DelValle told Hoffman, “Well, you have the opportunity to return to Steamboat on your own accord and expense, or be arrested and formerly extradited.” Hoffman said he would return on his own. To this DelValle replied, “You have until September twenty-sixth to do so. If you don’t show up, a warrant for your arrest will go into effect on September twenty-seventh.”

  In passing, Officer DelValle mentioned Hoffman’s confession to Detective Ross Kelly of the SSPD. Ross’s ears perked up at Hoffman’s name. He knew that Hoffman had been employed by Scott Barnes Plumbing, which had a maintenance contract with Johnson Shipley Management, the company that had provided plumbers for the Ridge Condominiums complex that had burned. Ross also knew that two weeks prior to the fire, which had been deemed a case of arson, a plumber had done some work in condo number 7, the very unit that the arson investigator had since determined was the point of origin for the fire.

  * * *

  On September 26, 2000, Matt Hoffman showed up at SSPD headquarters in Steamboat Springs and Officer DelValle advised him of his Miranda rights. Hoffman signed a waiver of his rights, and DelValle started asking him questions about the theft of the “Welcome to Steamboat Springs” signs.

  Hoffman stated that he’d asked a friend at the D Bar K Motel who went by the name “Freedom” if he could borrow his red Nissan pickup truck, and according to Hoffman, Freedom had willingly agreed. So around midnight one night, Hoffman decided to steal the three signs.

  DelValle showed Hoffman photos of the recovered signs in the condition they were found. Hoffman looked at the photos and agreed that was the way he’d left them. Hoffman then added that he was glad they’d recovered all the parts of the signs that had broken off when he was removing them from their mountings. DelValle asked Hoffman once again why he’d stolen the signs, and Hoffman replied, “I wanted them for a novelty.”

  DelValle asked Hoffman what his occupation was, and Hoffman said that until recently he’d worked for the Scott Barnes Plumbing Company. DelValle asked if he’d installed a garbage disposal at the Ridge Condominium, unit 7. Hoffman responded that he and Scott Barnes had indeed installed a garbage disposal there and had also unclogged a tub in a different unit.

  DelValle then asked if Hoffman knew there had been a fire at the condominium, and Hoffman said that he did. To this, DelValle asked, “Why would your fingerprints be found on several boxes found in the condo owner’s vehicle?” This was a vehicle that had been stolen from the garage of the burned-out condo number 7 at around the same time.

  Hoffman replied, “I may have picked up the boxes and moved furniture that was in the way of the plumbing job.”

  DelValle responded, “Why would you have to move furniture and boxes to install a garbage disposal?” Hoffman didn’t answer the question but rather just sat there in silence.

  DelValle next asked, “Why were your fingerprints found on the driver’s side door of a white Chevrolet Suburban? That Suburban was stolen and filled with property from condo number 7.”

  Hoffman responded, “I may have touched the Suburban. I went and looked at it.”

  None of this added up, so DelValle asked, “Why would you go look at the Suburban?”

  Hoffman answered, “I found the keys in a drawer in the kitchen. I took the keys and went into the Suburban.”

  “Okay, so did you drive the Suburban and park it by the Clock Tower building?” (This was a building near the center of town).

  Hoffman replied, “I only drove the vehicle on Ridge Road.”

  To this, DelValle said, “You must know where I’m going with this questioning.”

  Hoffman agreed that he did, and responded, “Okay, you obviously got me!”

  Officer DelValle excused himself from the room and met with Detective Kelly. He asked Kelly to come into the room with a tape recorder and case reports about the condo fire. After a short period of time, DelValle and Kelly went back into the room where Hoffman was sitting. DelValle introduced Kelly to Hoffman and said that Kelly was the investigating officer on the arson fire.

  Both DelValle and Kelly began asking Hoffman about items that had been stolen from the condo and placed in the Suburban. Hoffman admitted that he’d taken a stuffed mountain lion, a wood dresser and a bag of clothing from the condo. When asked about a bear rug, antelope head and wooden bench, Hoffman said that he had not stolen those and they must have burned in the fire. Apparently he had left the mountain lion, wood dresser and bag of clothing in the stolen vehicle.

  Asked about office equipment, Hoffman recalled that he’d stolen a fax machine and placed it on the passenger seat of the Suburban, and he’d also taken a small camera. Hoffman continued, “I took items two times, one of which was on the night of the fire. I was in that condo five times. I stayed in there and watched TV because my own place didn’t have cable TV. I cooked myself meals and used the Jacuzzi.” Hoffman was able to do all of those things because he knew the condo owner was out of town.

  The officers asked why he set the fire. Hoffman replied, “I burned the place to cover up the crime because my fingerprints were all over the place. I couldn’t have cleaned all the prints. I had no choice. I had to start the fire.”

  When asked what kind of accelerant he’d used to start the fire, Hoffman replied, “You already know what I used. It was premium gasoline.”

  The officers wanted to know what containers he’d carried the gasoline in, and Hoffman responded, “Didn’t you find the containers? There’s always a lot of evidence left after a fire. I used milk c
ontainers.” Then he laughed, saying that he was just kidding about that. He’d actually bought two plastic gas cans at a local Walmart store on August 26.

  The officers wondered where he’d bought the gasoline, and Hoffman said he’d purchased it at a Total Gas Station. Then he drove back to the condo, with the full gas cans, in a red Monte Carlo. Just whose vehicle this was, he did not say. He decided to drive the Suburban to the Clock Tower building, where he planned to pick it up the next day with all the stolen goods inside. Of course, Hoffman did not have permission to be using the Suburban.

  Hoffman continued, “I parked the Suburban, walked back to the condo and sat inside watching television all day. I regretted what I knew I had to do. I watched TV until the early morning hours of the twenty-eighth. I poured the entire ten gallons of gasoline on the floors of all the rooms in the condo and ignited the fuel. Then I immediately walked away.”

  The officers asked Hoffman if he knew that there were tenants inside the condominium when he set the fire. Hoffman stated, “I knew there were people staying in the [other] units, but the fire alarm would warn them.”

  Then Hoffman asked if he needed a lawyer. Both DelValle and Kelly said that was Hoffman’s decision to make, and DelValle brought up the Miranda warning. Hoffman may have thought he was being clever, responding that he’d been Mirandized about the theft of the signs but not about the fire. He may have thought that anything he said concerning the fire could not be used against him.

  DelValle, however, explained that the police did not have to Mirandize a person multiple times. Once again Hoffman was asked if he needed an attorney, and he declared, “I’ve never needed one before, and I already told you everything.”

  The interview concluded, and the officers asked Hoffman to write out a confession. He agreed to do so, and then he was arrested and transported to the Routt County Jail where he was held for the theft of the signs and for burglary and arson. Bond was set at twenty-five thousand dollars.

  Officer DelValle asked Detective Assistant Kim Gittleson to contact Walmart to determine if two gas cans had been purchased there on August 26. Gittleson spoke with a store employee, who confirmed the purchase of the two gas cans on that date. Gittleson also obtained a printout of the sales receipt.

  DelValle contacted “Freedom,” Hoffman’s alleged friend at the D Bar K Motel; the man declared that he had never “loaned” Hoffman his red pickup truck.

  * * *

  When the list of charges was drawn up against Matthew Hoffman, it included five counts. Count I concerned the arson of the Ridge Condominium complex, and count II dealt with “unlawfully and knowingly” breaking and entering into the condo and remaining there. Count III concerned first-degree aggravated motor vehicle theft, while count IV was about the theft of property from the condo. The final count related to “reckless endangerment” of the lives of the people living in the condominium when Hoffman set the fire.

  In a preliminary hearing, Detective Ross Kelly, the condo owner and a criminalist from the Colorado Bureau of Investigation (CBI) lab laid out details of the case. A judge agreed that there was enough evidence for the matter to go to trial.

  Hoffman was assigned lawyer David Kaplan, who soon thereafter presented a motion to modify Hoffman’s bond. Kaplan wrote in part, “Mr. Hoffman is indigent and without adequate financial resources. The present bond is excessive, and has resulted in Mr. Hoffman’s continued pretrial incarceration solely because of his poverty. Consequently, Mr. Hoffman seeks reduction or modification of his bond to a reasonable amount so he can obtain his release from custody.”

  Judge Thompson ruled that there would be a modification, and ordered the bond reduced to ten thousand dollars. Hoffman was then cautioned not to leave the state of Colorado without permission and to advise the court of any changes of address.

  While incarcerated, Hoffman obviously had time to think about his situation, and he came to a dramatic decision: he would not take his chances with a jury trial. Instead, he pled guilty to the charges, hoping for leniency from the judge.

  It was indeed a gamble. Each of the first three counts carried a presumptive sentence of four to twelve years of imprisonment and a fine of $3,000 to $750,000. Sentencing guidelines for count IV called for two to six years of imprisonment, and for count V, six months.

  On November 3, 2000, Matthew Hoffman signed an agreement with the court that stated he understood the English language and that he had fully discussed his options with his attorney. He also understood the possible penalties for pleading guilty to the charges and agreed that “the decision to enter a plea of guilty is entirely my own choice. There has been no force, threats or promises made to cause me to enter my pleas.”

  There was another provision listed way down the page, of which Hoffman was aware. It stated, “I understand that I have the right to file a motion for the reduction of my sentence within 120 days after sentence is imposed.”

  Actual sentencing didn’t occur until January 5, 2001, at a court hearing on the matter. Routt County Deputy District Attorney Charles Feldmann called one witness, Jay Muhme, a fire marshal. Muhme spoke about the extent of the arson fire and the resulting danger to the residents of the condominium. Feldmann then asked for a sentence of ten years minimum for Matt Hoffman.

  Townsend, a public defender assigned to represent Hoffman in this stage of the proceedings was next; he asked the judge to impose a sentence of six to eight years. And Hoffman had a statement for the judge. He claimed that he now understood the impact and devastation he had caused to others, especially the condo owner’s family. Hoffman wrote in part that he’d lost sight of what was most important in life. He thought that money was, but now he claimed, “The A-number-one thing that money can’t buy is God. Along with God brings love and the beauty of nature.” And then he chose an odd phrase. “These few things are omnivorous and omnipresent in every aspect of our daily routine.”

  Hoffman stated that he might not have ever come to his senses if it hadn’t been for the present “terrible situation. So instead of wishing I didn’t get caught, I’m going to appreciate Fate’s decision.” Hoffman swore that he would learn from this experience and become a better man and useful member of society, declaring that he would take advantage of every opportunity in prison to better educate himself. He promised that he was going to do everything to turn his life around.

  In the end, Judge Thompson sentenced Hoffman to eight years in prison, less the 102 days Hoffman had already served. The judge further ruled that Hoffman would be eligible for a boot camp program, an educational/work program within the prison system. If Hoffman was going to “learn from the experience,” he was about to get every chance possible within prison walls.

  SIX

  “Trying to Cut Corners”

  Matt Hoffman did not cause trouble in prison and was in fact a model prisoner in the eyes of the system. He completed a Victim Impact Awareness program and received a “diploma” to that effect. He also received a certificate for Intermediate Microsoft Works education.

  Hoffman mostly kept to himself and had few friends in prison, though one of those few friends was a fellow inmate named Joe Aldrich, who later spoke of Hoffman as being very “closemouthed” but not a hardened criminal like some inmates. Aldrich thought that Hoffman had made a youthful mistake and was now trying to better himself. He also thought that Hoffman was an intelligent individual who could improve his lot in life once he was out of prison.

  It wasn’t long before Hoffman was taking advantage of his right to appeal the sentence, and his latest public defender, Cynthia Camp, helped him in this regard. She wrote, “Mr. Hoffman has no prior felony convictions. Further, Mr. Hoffman has no pending charges or detainers and no history of escape. During his incarceration, Mr. Hoffman has been employed in the janitorial department as a porter.”

  Camp went on to write about Hoffman’s
completion of the Victim Impact Awareness program and his enrollment in the Intermediate Microsoft Works program. She also stated that Hoffman’s family resided in Ohio and that he’d been in constant contact with them by letter, phone and visits. Camp said that his family was supportive of him while Hoffman was in prison.

  Camp declared that Hoffman had a stable work history and had been employed before his incarceration as an electronics and plumbing assistant, golf cart mechanic and dietary aide. He had knowledge in residential and industrial electrical wiring and in carpentry. Hoffman stated he would find “gainful” employment if released early.

  To bolster these contentions, Hoffman wrote a letter to Judge Thompson a couple of years into his prison stay. He started out by saying that he had changed since the time of the crimes. “During the crime, although my morals were weak, I did understand the difference between right and wrong. Due to my adolescent ignorance, I did not grasp the magnitude of my actions.”

  Hoffman wrote that he’d never even thought to consider the impact his crime of arson would have on others. He said he never would have gone through with it had he realized how devastating it would be: “My assumption was that the insurance company would just take care of the damage and that would be the end of it.” Hoffman added that he now realized his actions had deprived the area’s residents of their sense of security. He said that he’d hurt the owners of the condominium complex not only financially but emotionally as well. In fact, Hoffman claimed that this realization of the impact his actions had had on his victims bothered him more than his prison sentence.

  Hoffman wrote that he’d been raised to face up to the consequences of his actions. And he claimed that’s exactly what he’d done when he voluntarily returned from Ohio to Colorado. He stated that his attitude about his role in society had changed dramatically while in prison. Before the crime, he said, he took things for granted. Now, he declared, he no longer felt as if he was just drifting, but wanted to go to college when he got out of prison. With a college degree, he said, he could “put this horrible disgrace behind me.”