Showing posts with label DV. Show all posts
Showing posts with label DV. Show all posts

Saturday, May 7, 2011

Woman charged with biting boyfriend's lip off during fight

A 26 year old Las Cruces, NM woman is facing a third degree felony charge after biting her "boyfriend's" lip off during an argument on Sunday May 1, 2011. Aurelia Lorena Reyes, 26, is charged with one count of aggravated battery against a household member causing great bodily injury, a third-degree felony.

At around 11 p.m. Sunday, Las Cruces police were called to the Coachlight Inn at 301 S. Motel Blvd., where officers found the victim with a bloody face. The 35-year-old man was taken to a local hospital and then, because of the severity of his injuries, to University Medical Center of El Paso. His injuries are not life-threatening.

According to Las Cruces police, Reyes had an argument with her boyfriend, who told her to leave. Reyes became angry, so she grabbed the victim's head and bit off his upper lip, which was found about two feet from the entrance to their shared apartment. After hiding out in a neighboring school parking lot, Reyes turned herself it Monday, May 2 morning. Reyes is currently being held on $10,000 bond in the Dona Ana County Detention Center.

Tuesday, February 22, 2011

Houston man held without bond for sexually mutilating wife

A career criminal was charged with the torture of his 33 year old "wife" and held without bond. Gregory Longoria Jr, 39, was charged with aggravated assault of a family member for holding his estranged wife against her will and torturing her between noon Wednesday, February 16 and 7 AM February 17. 

The 33 year old victim left Longoria and moved back to her parents' house along with her four children to escape the abusive relationship and allegations of cheating. Wednesday, Longoria went to the victim's parnets' house and threatened her with violence if she did not bring the one year old girl she had with him. She left with him and went back to Longoria's apartment.

The victim told investigators Longoria threatened to kill her elderly, disabled parents if she didn’t comply with his demands.The victim said once they arrived at Longoria’s apartment, he told her to undress and took sexually explicit and obscene photos of her.

When he was finished with the camera, the victim told investigators Longoria tied her to the bed and beat her. She said he then used a can of hairspray and a lighter to burn her nipples and vagina. After he burned her, the victim said he ripped one of her nipples off her body.

The victim said Longoria also choked her with a belt and smothered her with a pillow, causing her to lose consciousness. Longoria kept her there from noon Wednesday until 7 a.m. Thursday, deputies said. He then dropped her and the baby off at her parents’ house.

Longoria let her go after she convinced him that she had to go to a job interview that Thursday and that they needed the money. Longoria told her to take a shower and dropped her off at her parents house. Longoria took his daughter and drove around Houston until he was stopped Thursday evening. The victim was driven to Kingwood Medical Center.

Investigators observed burns to the woman's body consistent with her description of what happened. A doctor at Kingwood Medical Center told investigators that the woman will require reconstructive surgery and will suffer permanent disfigurement as a result of the attack, court records show.

During a press conference, Longoria was likened to a mad dog by Harris County Sheriff Adrian Garcia. "There are rabid dogs in our society — animals. These dogs that think they can get away with dehumanizing any person, but in particular women, will be dealt with. We are proving today that we will hunt those dogs down and put them in their kennels and try to show them the same dignity that they failed to show for a fellow human being...God help me if such an animal were ever to introduce himself to my family."

While the baby was physically unharmed, Lt. Ruben Diaz of the Houston sex crimes unit said "He had the baby asleep on the couch in the next room, probably listening to her own mother's screams for help." After Longoria's arrest Thursday afternoon, Diaz said  "He didn’t even care that we picked him up. When we picked him up, he had a curt attitude. He had a smirk on his face like he didn’t care." The reason the situation lasted so long was because "She was protecting her family more so even than herself - she was tolerating the abuse."

The victim's mother told reporters "At times, I saw her she would just look teary-eyed. I would advise couples not to be quiet but be up front because that’s how a lot of women die."

The emergency protective order prohibits all contact with his victim, including indirect contact or showing up at her workplace. The same no contact conditions were imposed regarding the victim's four children and her parents. Prosecutor Donna Hawkins with the Harris County District Attorney's Office said the order "precludes the defendant from having any contact with the complainant in this case, not going by her residence and not attending her work place either." 

Longoria is charged with a first degree felony "because of three elements: he assaulted a member of his family causing serious bodily injury and utilizing a deadly weapon, which in this case is fire," according to Hawkins.

According to a family member, the victim, who was released from Kingwood Medical Center Monday,  is actually comforting her family members. "We have all been crying, when we come up to her, she just looks at us and says, ‘why are you crying? I am fine, I am strong, if I’m not crying you should not be crying...She is very hopeful about the future. She trusts a lot in God...She's not going to let this person take her down - she's way stronger than that."
 
Longoria has a history of arrests in Harris County dating back to 1989, including convictions for shooting two men, court files show.

In 2005, Longoria was charged with misdemeanor assault of a family member after he was accused of choking another woman identified as his wife with his hands, court records show. A court issued an emergency protection order, and Longoria pleaded guilty and was sentenced to 160 days in jail.

In 1992, he pleaded guilty to an attempted murder, two charges of aggravated assault and felony theft. He was sentenced to 10 years in prison on the aggravated assault and theft convictions and granted 10 years probation and deferred adjudication for the attempted murder conviction, court records show.

In September 1991, when Longoria was 20 years old, Bellaire police arrested him for shooting a 21-year-old man four times. Longoria was a passenger in a moving vehicle when he fired the shots, court records show. That man survived, and the incident led to Longoria's conviction for attempted murder.

A month later, Longoria was arrested again, this time for shooting a 20-year-old community college student. That victim also survived.

Longoria has not been formally arraigned yet because arraignment requires a public defender. Numerous public defenders have refused to take him on as a client due to the nature of the charges and allegetions against him. A lawyer is scheduled to be appointed later today.

Friday, January 7, 2011

Duke lacrosse accuser charged with attempted murder of "boyfriend", convicted on misdemeanor counts


(Original post 2-19-10)
The Duke Lacrosse accuser has been charged with serious offenses of her own, including arson and the attempted murder of her "boyfriend." 31 year old Crystal Mangum attacked her "boyfriend" and set his clothes on fire while her three children were inside, according to an arrest warrant handed out Wednesday night.

According to the arrest warrant, Mangum scratched, punched, and threatened her "boyfriend," Milton Walker after he decided to break up with her. Mangum's 9 year old daughter called 911.

After picking up the remains of his clothes, the victim said, "I don't know what she was thinking, sometimes she does things without thinking...I believe Crystal is a good person, so there's no problem. We were friends before so I hope everything works out for the best,"

In March 2006, Mangum accused three Duke lacrosse players of raping her at a party where she was hired to strip. The case gained national attention. In April 2007, all charges were dropped by Attorney General Roy Cooper. The case also led to Durham District Attorney Mike Nifong being disbarred. Mangum later released a book entitled "The Last Dance for Grace: The Crystal Mangum Story."

Mangum is currently being held on $1 million bond. Her official charges are 5 counts of arson, 3 counts of misdemeanor child abuse, attempted first degree murder, assault and battery, identification theft, communicating a threat, injury to personal property, and resisting [a] public officer.

(Update 1-7-11 - mistrial on arson charges) Last month on December 16, Mangum was found guilty of injury to personal property, child abuse, and resisting an officer. Superior Court Judge Abe Jones sentenced her to 88 days in jail - time she had already served. Jurors deadlocked 9 to 3 in favor of a non guilty verdict on the 1st degree arson charge. Three of those jurors believed Mangum was guilty of being reckless in setting fire to the "boyfriend"'s clothing.

Supporter Victoria Peterson reiterated a claim by the Friends of Crystal Mangum that authorities were punishing Mangum for accusing Duke lacrosse players of rape in 2006. Mangum was retaliating against her boyfriend, Milton Walker, for allegedly punching her in the face; Walker was never charged. "It's a victory," Peterson said of the judge and jury's decisions.

Over the past 10 months, Peterson and others have complained about Mangum's treatment, which included an attempted murder charge, $1 million bond, the 88 days in jail and a no-contact order with her children."There did seem to be a lot of severe charges for what the evidence showed," said jury forewoman Shauna Mitchell.

Meanwhile, Durham County prosecutor Mark McCullough will decide later this month whether to retry Mangum on the 1st degree arson count.

Sunday, January 2, 2011

Man sentenced to life in disappearence, murder, of mother of two - chief defendant's mom sentenced for mutilating corpse

(Original Post 7-16-09)
A Brookfield, WI man who allegedly strangled, then hired his friend and mother to burn a suburban Milwaukee mother's body was charged with first-degree intentional homicide and mutilating a corpse. Brandon J. Mueller, 36, was charged in the Jaunary death of his "girlfriend," 28 year old Renee Redmer, who he had been "dating" for a month.

Redmer was strangled around January 5, just after she appered in court for a misdemeanor cocaine posession charge, in Mueller's mother's apartment. Her family did not report her missing until January 13. Nancy J. Pinno, 53, Mueller's mother, of Fond Du Lac, WI and Donald R. Worth, 48, of the Town of Friendship in Fond Du Lac County, WI were charged with mutilating a corpse and aiding in a felony, and a misdemeanor of obstructing an officer after burning Redmer's body in a burn barrel, which was later emptied out into the middle of frozen Lake Winnebago. The burn barrel was later found on Worth's property.

The relationship between Mueller and Redmer was violent, according to the victim's family. Mueller has a history of domestic violence.

According to court records:
• Mueller was convicted in 2008 of disorderly conduct, with a domestic violence enhancement, and served 20 days in jail.


• In 2002, Mueller was sentenced to 60 days in jail and two years' probation after he was convicted of disorderly conduct, with enhancement penalties of domestic abuse, being a habitual criminal and using a dangerous weapon.

• In 1998, Mueller was convicted of intimidating a victim with a domestic abuse enhancement penalty and served four months in jail.

• Also in 1998, Mueller was sentenced to three years' probation for criminal damage to property with an enhanced penalty of domestic violence.

Mueller faces a mandatory life sentence with the possibility of parole if convicted as charged. He is being held on $1 million bail. The others face 16 3/4 years for their roles in the crime. Pinno is being held on $250,000 bail, and Worth on $150,000 bail.

(Update 12-25-09) Two days ago, Pinno was sentenced to 7 1/2 years in prison and 9 months in jail for being party to the crime of mutilating a corpse and resisting and obstructing an officer.

On Dec. 18, a jury found Pinno guilty after five days of testimony, including watching hours of footage in which Pinno confessed her involvement to detectives.

Nuss compared Pinno — whose criminal history includes crimes of theft and possession of THC — to Kevin Moore, a seemingly mild-mannered man who used a cinder block to kill his wife outside of their Ripon home during the early morning hours of Nov. 13, 2006.

Pinno told Judge Nuss that "I am sorry for any involvement I had with Renee.I still don't know how Renee got there. I should have looked in my bedroom. For that, I am so sorry." The victim's twin sister, Amber Donath, explained how she tried to tell her niece that "I find it impossible to explain to a 12-year-old girl that her mother was mutilated, violated and destroyed beyond the darkest imagination… All I can do is hold her and tell her I love her."

Fond du Lac County District Attorney Dan Kaminsky said that the "disgusting" and "callous" crime warranted 7 years in prison. "I believe it was a maximum-sentence case. It was just a question of how we were going to get there. I'm very pleased with the sentence. I think it's appropriate. In this case, it is justice."  

Defense Attorney Catherine Block told The Reporter there may have been too much focus on the connection between the mother and son, noting that Pinno put Mueller up for adoption 36 years ago and only had contact with him the past 1½ years.

"It was a very manipulative relationship," said Block, who requested probation for her client. "… There was a lot of focus on her son being Brandon Mueller. I think that had a lot less to do with it than Ms. Pinno's own mental condition and depression."

Judge Nuss said that Worth, a defendant who took a plea deal and will be sentenced later, might never have gotten involved if Pinno was not party to the crime, and that Pinno should have guided her son. "But for your actions, this may have never had happened. You were there at a critical time in this woman's life and your son's life when you could have stepped up and been the person you would like me to believe you are. You didn't."

(Update 1-2-11) Brandon Mueller was sentenced to life without parole Tuesday, December 28, 2010. Judge Robert Wirtz handed down this sentence for the 1st degree intentional homicide for strangling Redmer and 7 1/2 years for mutilation of a corpse. The victim's father, Mark Redmer said that "I'm asking please protect us and other fathers such as me. Don't let him out for any reason whatsoever. He's shown over and over what kind of individual he is."

Wirtz noted Mueller's criminal history started at the age of 15. His past includes six juvenile convictions, 22 adult convictions and three domestic abuse-related restraining orders. Redmer's father, Mark Redmer, said Mueller threatened to kill Renee's sister, Amber Donath, and Renee's children as a means to keep the victim close to him.

[ District Attorney Dan] Kaminsky noted motivation for murder may have been fueled by a disdain Mueller had for Redmer not telling him where she was going and who she was spending time with.

During the trial, Mueller claimed that while he strangled Redmer, it was unintentional, the result of a fight between them over her heroin use. While Mueller claimed he only took a few seconds strangling Redmer, Fond du Lac County Medical Examiner Douglas Kelley said strangling someone to death can take minutes.

Mueller himself said, "I want to apologize and just say that the lifestyle I was living was very sinful and not appropriate." He told Kaminsky, "I wasn't just going to throw her body somewhere. I considered it cremating it. I said a prayer when I spread her ashes into the lake. So I guess, yeah, technically, it could be an act of love."

Judge Wirtz told him, "You have caused a lot of sorrow and anguish. Renee's children are motherless. "Her whereabouts for quite some time were unknown. It is not comforting, I'm sure, for the parents, children, family members or friends to find out ultimately what happened."

Donald Worth's sentence handed down earlier this year was 6 years.

Monday, August 23, 2010

Iraq vet who killed wife gets 14 1/3 years in prison

A wife-killing Iraq veteran was sentenced to 14 1/3 years for the February 18 strangulation murder of mother-of-one Winter Plummer.  Sheldon Plummer, 28 was sentenced Friday, August 20 in accordance with a plea agreement which capped his sentenced at 14 years 4 months. According to the July 21 plea agreement, Sheldon strangled his wife to death in their Lacey, WA apartment. The supposed reason for the murder was in self-defense after the victim attacked him with a knife.

Thurston County sheriff’s detectives began investigating Winter Plummer’s disappearance April 18, after one of Sheldon Plummer’s friends, also an Army soldier, called the sheriff’s office to say Sheldon Plummer had called him and “wanted advice on how to dispose of a body,” court papers state.

When detectives spoke to Sheldon Plummer, he said that about a month earlier, his wife had packed three suitcases and left after an argument.But Thurston County Sheriff’s Lt. Chris Mealy has said that Plummer’s timeline of when his wife left was inconsistent.

Detectives later found that Plummer had pawned his wife’s jewelry. Detectives also thought it was suspicious that Winter Plummer’s car still was parked at the apartment complex at The Villages at Nisqually Ridge Apartments. And they found it odd that she would abandon her daughter.

A prosecutor later said Plummer had disposed of some of his wife’s belongings to make it appear as though she had left. Sheldon Plummer even sent text messages from her cell phone to her family members in Arizona in an effort to make them think she was alive.

After detectives initially interviewed Sheldon Plummer, he removed his wife’s body from a storage unit and placed it in his garage, court papers state. Soon thereafter, he admitted to killing his wife. He told detectives he acted in self-defense after she attacked him with a knife during an argument, court papers state. Deputy Prosecuting Attorney Jodilyn Erikson-Muldrew said in court Friday that the medical evidence contradicted that claim.

The 14 year, 4 month sentence is in the middle of the standard sentencing range for 2nd degree murder without any priors in Washington State. In Florida, 2nd degree murder can carry up to a life without parole sentence. Certain female teachers have been sentenced to more prison time for raping their students, even in Washington.

During an emotional hearing before Thurston County Superior Court Judge Carol Murphy, Winter Plummer’s family members, including her father, Carlos Goseyun, spoke of the loss of their loved one, who grew up on the San Carlos Apache Indian Reservation in Arizona and joined the Army to better her life.

Winter Plummer’s grandmother, Andrea Goseyun, broke into tears in court, describing how she taught Winter the Apache language and traditions. She spoke about how Winter was a great athlete, excelling at volleyball, basketball and softball. She also said her granddaughter was an outstanding soldier. “I loved her as much as my own daughter, and today I miss her,” Andrea Goseyun said. “I know that I will never be able to speak to her again.”

Sheldon's attorney, James Dixon, tried to explain his client's murder of Winter Plummer by invoking post traumatic stress disorder, or PTSD. According to Dixon, his client had done three tours of Iraq, saw many friends become casualties and suffered a concussion in his 1st Iraq tour.  Dixon hired Dr. April Gerlock to write a report on his client. 
 
Dixon noted that Gerlock’s report says people who suffer from PTSD can experience a “heightened sense of arousal to an actual or perceived threat,” and that they “may respond with aggression in response to that threat.”

In a phone interview Friday, Gerlock cautioned that Plummer’s case is complex. She added that she thinks PTSD contributed to Plummer’s actions. Not all soldiers coming back from Iraq or Afghanistan suffer from PTSD, and most who do never commit violent crimes, Gerlock said. It’s difficult for soldiers to shift from that “hyperawareness of ongoing danger” during combat tours to day-to-day civilian life, she said.

Gerlock also said that soldiers she sees every day minimize their PTSD to continue on with their lives, including careers and families. "We’re doing a lot for the recently deployed, but they have a lot on their plates. It’s tough. It’s so hard on these folks. They’re young, they want to get a family going and they just keep getting deployed.”

Wednesday, July 14, 2010

New Zealand man gets 7 1/2 years for torture of wife

The Dominion Post Wellington, New Zealand Last updated 11:09 13/07/2010

A Wellington man who poured boiling water on his partner after stuffing a sponge in her mouth to stifle her screams has been jailed for seven and a half yearsWellington District Court judge Stephen Harrop told Dean Carl Griffiths, 41, there was an element of torture to the offending, which was ''like a reign of terror''. In August last year, Griffiths put a blue sponge in her mouth while pouring boiling water over her abdomen and legs.

Her recovery would take a year, the judge said.  Griffiths had pleaded guilty to wounding with intent to cause grievous bodily harm, three charges of male assaults female, assault with a weapon and breaching a protection order.

Harrop said the offending took place over several days. ''It was gross, barbaric and degrading.''
Griffiths also hit the woman with a broomstick, and later broke her eye socket when he punched her.

Friday, July 2, 2010

Chicago man sentenced to 34 years in prison for attempted hit on ex-wife

A Chicago man was sentenced to 34 years in prison Monday, June 28 for arranging a hit on his wife by a man who turned out to be a suburban Chicago detective. 42 year old John Johnson was in the DuPage County Jail in Wheaton for violating an order of protection that his ex-wife filed. DuPage County Judge Daniel Guerin presided over Johnson's trial.

Johnson was caught on a jail phone arranging the murder with a DuPage County sheriff's detective who was posing as a hitman. He is heard in the recordings telling the fake hitman that he wants his ex-wife shot twice in the head. The detective asks five different times if Johnson wants to back out, but Johnson never does. Johnson argued that his threats against his ex-wife were mere jailhouse bravado. He claimed he was set up by authorities who used a fellow inmate to mediate the hit.

Judge Guerin discounted Johnson's claim that his threats were idle, citing his history of domestic violence. Your criminal history demonstrates an inability or disinterest in obeying the law," Guerin said. That history includes two previous "girlfriends" who testified they were physically assaulted by Johnson, and their testimony was backed up by Johnson's ex-wife, who testified that they were only married for a year before Johnson hit her with a frying pan. That attack led to their divorce.

Johnson claimed that his victim were lying during the trial. "Maybe people are underestimating my physical strength, but if I swing a frying pan at your head and hit you in the leg, you would need medical attention. I'm not trying to brag."

After he was convicted by a jury which took less than an hour to reach their guilty verdict, he made a rambling statement, claiming he was the victim of a conspiracy, and saying, "There will be a time when the rabbit will have the gun and it won't be no fun. But I'm not talking about a gun-gun."

Friday, June 25, 2010

States hope to curb domestic murders by targeting choking

More and more states are charging those who choke victims in domestic violence situations with felonies. According to DV advocates and studies, people who choke their"partners" are more likely to go on to kill or seriously injure them in future domestic attacks. The latest states to pass laws targeting DV strangulations are Delaware and New Hampshire. In Delaware, choking a partner carries up to 5 years imprisonment and is always a felony. Delaware state troopers analyzed cases and found that half of choking cases were charges as misdemeanors, eventually leading them to lobby for the strenghtened law.

New Hampshire passed its law after Melissa Cantin Charbonneau, 29, a mother and nurse, was killed by her husband two days after he tried to strangle her. Jonathan Charbonneau, 32, shot and killed her in October. He also shot his father-in-law and then killed himself, a report by the state attorney general found. He was out on $30 bail after being charged with a misdemeanor for throwing her down a flight of stairs and trying to strangle her.

John Cantin, the victim's father, said that his daughter would still be alive if her "husband" had been charged with felony strangulation. "I'm doing this for my daughter. I don't believe this bill will stop the person doing the choking, but at least when it does happen and they are arrested, they are put away."

In New York, Democratic State Sen. Eric Schneiderman introduced a strangulation bill after chairing a commitee that investigated a state senator for domestic abuse. During the hearings, he learned there was no penalty for strangulation, even though women who were choked have a higher risk of being killed by their partner. "I'm just sorry it took us so long in New York state to do this," he says. "I think this will save a lot of lives."

A 2008 study in the Journal of Emergency Medicine found 43% of women who were murdered in domestic assaults and 45% who were victims of attempted murder had been choked in the past year by their male partners.

New York's strangulation bill, passed by its legislature, is on its way to Governor David Patterson's desk.

Tuesday, June 22, 2010

Domestic violence coordinator guilty of assaulting husband over alleged affair - sentenced to DV counseling

(Original Post 5-29-10)
A director of a Michigan domestic violence shelter was convicted of attacking her husband over an alleged affair on May 18, 2010. 46 year old LaDonna Glenn was convicted of felonious assault, which carries a maximum 4 year prison term and a $2,000 fine for threatening her husband with a hammer September 24 at their Southfield, MI condo. An Oakland County jury found her guilty after only two hours of deliberation.  Oakland County Circuit Judge Martha Anderson will sentence Glenn June 21.

She was accused of going Sept. 24 to her and her husband’s condominium in Southfield, beating on the door with a hammer and twice raising the tool at her husband, George Glenn, 69, whom she alleged was unfaithful. LaDonna Glenn was arrested after George Glenn told police he had to grab his wife’s hands and wrestle her to the floor to remove the hammer from her grip, according to a Southfield Police Department report. She had been hitting a glass table with it and calling her husband a cheater.

When officers, who were summoned by a neighbor, arrived at the home, George Glenn was sitting on LaDonna Glenn as she lay on her stomach, pinning down her hands at the wrist, according to the report. LaDonna Glenn told officers her husband forced her into the living room and threw her to the ground, hurting her right knee. She went to a hospital before going to jail.

LaDonna Glenn is the domestic violence coordinator of AWARE, Inc, an organization which serves victims of domestic violence and sexual abuse/assault in the Jackson, MI area. AWARE's executive director Rebecca Filip and president Bree Thurlby did not comment, but released the following statement:

AWARE cannot comment on the exact circumstances surrounding an employee matter due to employee confidentiality and the law,” according to a letter submitted by the board last week to the [Jackson, MI]Citizen Patriot.

When the legal process is complete, the board determines what action it must take as an employer on a case-by-case basis. Issues involving AWARE’s employees are addressed pursuant to the agency’s policies and procedures. The board fully supports its executive director and all employees.

(Update 6-22-10) LaDonna Glenn was sentenced to a year probation, domestic violence and anger management treatment, and must abstain from posessing deadly weapons or engaging in assaultive behavior. The sentencing took place yesterday in Circuit Judge Martha Anderson's courtroom. Glenn was fired from her job as the AWARE domestic violence coordinator.

Monday, May 31, 2010

Proposed Massachusetts law would terminate parental rights of spouse killers

A Massachusetts legislator and a man whose mother was killed by her husband is attempting to pass a law that would automatically terminate parental rights of people convicted of killing their spouses. The law is gaining attention due to the case of a man who allegedly beat and strangled his wife in front of her two children.

Keith Rosiello, a Shrewsbury engineer, [is] facing charges of beating and strangling his wife. Prosecutors say Rosiello left his wife’s battered body on a couch before the eyes of his daughter and 6-year-old son. Rosiello, 45, is asking a judge to clear the way for his kids to visit him behind bars - a bid expected to be challenged by the state Department of Children and Families. Rosiello’s attorney did not return a call seeking comment.

The proposed law, known as Patrick's Law, was proposed by Patrick Holland, whose father is serving life without parole for killing his mother. The then 14 year old Holland fought off an attempt by his murderous dad to reconnect with him. Rep. Peter Koutoujian (D-Waltham) is the legislator who has been trying to pass such a law for the last 6 years.

With eight of 10 domestic violence homicides this year taking place in the home, Koutoujian, a former prosecutor, said: “I’m worried we’re going to have more cases like Patrick’s and more cases like the Rosiello children.”

According to Maureen Gallagher, policy director for Jane Doe, Inc. - The Massachusetts Coalition Against Sexual & Domestic Violence, “It is unconscionable to require children to continue unwanted relationships with battering parents who killed their other parent. These children deserve every chance possible to start their life again in a safe environment."

Holland said that his adoptive parents, Ron and Rita Lazisky, taught him what it truly means to be a parent.  “It’s whoever’s in your corner,” he said. “It’s someone who gives you the stable foundation to help you to be your best. I know she wanted the best for me. I’m trying to live up to that.”

Monday, May 24, 2010

Suburban Cincinnati man who dismembered wife after killing her sentenced to 26 years to life

CINCINNATI (AP) -- A man whose wife's torso was found in a garbage can at their home last year the day after he reported her missing was sentenced Tuesday [May 18] to 26 years to life in prison for murdering and dismembering her.

John Strutz, 31, of suburban Cincinnati, was convicted April 20 of one count of murder, two counts of tampering with evidence and one count of abuse of a corpse in the slaying of Kristan Strutz, 28. Prosecutors said Strutz cut up his wife's body after killing her. Her torso was found in a trash bag in a garbage can outside the couple's suburban Delhi Township home Aug. 16, a day after her husband reported her missing.

Strutz testified that he did not kill his wife and repeated that claim Tuesday in Hamilton County Common Pleas Court. "You have made a mistake," he told Judge John West, who heard the case after Strutz waived a jury trial. "I am innocent."

Strutz acknowledged the prosecution's claim that the couple had marital problems but said they had been seeing a counselor and were again sleeping in the same bed. He also said that while he had seen a couple of women, he did not have sex with them or tell them he was getting a divorce, as some of them testified.

Assistant Prosecutor Megan Shanahan called Strutz a "sick degenerate." West told a defense lawyer after the sentencing that he thought Strutz was "evil to the core, and I don't say that lightly."

A message seeking comment from defense attorney Simon Groner was left at his office Tuesday. William Mathews II, Strutz's other attorney, said only that the sentence "wasn't any great surprise." Strutz repeatedly answered "I don't know" when questioned about what he thought happened to his wife.

A deputy coroner had testified that the cause of death could not be determined but the death was ruled a homicide, partly because the body was dismembered and an effort made to get rid of it. The couple has three daughters, and Kristan Strutz also had a son.

(Copyright 2010 by The Associated Press. All Rights Reserved.)

Sunday, May 9, 2010

Mother of five's killer husband sentenced to life with chance of parole in 40 years

An Grand Chute, Wisconsin man who shot his estranged wife to death and attempted to kill her mother has been sentenced to life with the earliest possible parole eligibility date at January 1, 2050. Scott Schmidt, now 39, was found guilty of killing 39 year old Kelly Wing-Schmidt in her driveway. Outgamie County Judge John Des Jardins presided over the trial and sentencing, which took place Friday, May 7.

Kelly Wing-Scmidt, mother of five, was gunned down over an affair she was having with a man. Three shots to the head killed her on April 17, 2009, in front of her kids. The kids also saw their maternal grandmother, Barbara Wing get injured by bullets. The last thing Kelly said before she was rushed to the hospital and died was take care of her kids.

The authors [of Schmidt's pre-sentence report] discuss Schmidt's problem with alcohol. They include the results of a court-ordered mental evaluation in which Dr. Ralph Baker concluded Schmidt was seriously depressed.

In interviews, Schmidt explained to the authors one of the most controversial aspects of his trial testimony. He said one of their best conversations he had with his wife came after he shot her. It was because they weren't fighting or yelling, but simply talking, he said. "I guess the best was I can explain it is like being in the eye of a hurricane," he said. "The fierce storm that went on between us — fighting, yelling and swearing before — now was over."

Pre-sentence investigations are just one tool used by judges in determining a sentence. Des Jardins also listened to testimony, statements on behalf of the prosecution and defense, and arguments from the attorneys. Schmidt also addressed the court.

The investigators said they found it "remarkable" that Schmidt was able to maintain employment with the Appleton Fire Department in recent years given his excessive drinking. Schmidt, they said, should have taken an extended leave, vacation or even a psychiatric commitment in the weeks or months leading up to the homicide.

He was a troubled man hanging on to whatever he could during troubled times.

Letters in support of the killer echoed that last sentence. Kristin Stille, Schmidt's ex-wife, said that "My son has a right to love his dad, to respect him and also to be proud of all the many accomplishments as well as to be proud of his dad as a human being.”

Brian Cook, a coworker of Schmidt's, said “I trusted Scott with my life every day as a firefighter, and nothing has changed. To this day, I would trust him with my life and the lives of anyone in my family.”

The victim's mother, Barbara Wing, who was also shot when her daughter was killed, said "She should be here for her children. She should be a paramedic. She should be saving lives instead of having hers taken. I would gladly in a heartbeat give my life this very second to have Kelly back for her children. I would also gladly give Scott Schmidt's. Sadly, neither of those are options for us today."

"I believe that Scott Schmidt should get out of prison at the same time my daughter gets out of Riverside Cemetary," the victim's father, Tom Wing said.

Letters written to the court illustrate the toll taken by the victim's kids. Kay Heimerl, the therapist for the victim's two youngest children, said that “The negative impact of Scott’s actions on his daughter are permanent and lifelong and will only change in presentation as she gets older and progresses through her various life stages.”

"It's obvious to me that the [kids] are different. Their lives have been affected forever. I can see it in their eyes. Something is gone," said James Baker, her 17 year old son's father.

"I don't know about your remorse - I don't know how sincere that is - the only person who knows that is God himself." Public protection and rehabilitation were minor factors in Judge Des Jardins' sentence. "Punishment is a huge factor. The damage you have done - the pain, the anguish, the torment caused to the Wing family and their friends is incredible. The court should not depreciate the seriousness of the damage that you did by the eligibility date."

Saturday, April 24, 2010

"Divorce party" murderer of ex-wife sentenced to life without parole for at least 10 years

Andy Passant and Naomi Corrigan, Evening Gazette

Brian Jones was sentenced to a minimum of 10 years in prison for butchering 34-year-old mum-of-two Katrina Jones at the former marital home in Church Close, Marske. Katrina was knifed 12 times after arguing with her ex-husband on November 27 last year. She had been decking out the house with banners and balloons to celebrate the end of their 10-year marriage.

Yesterday there were dramatic scenes at Teesside Crown Court as Jones was found guilty of murdering Katrina at the end of a two-week trial. Jones, 63, of Thrushwood Crescent, Marske, collapsed in the dock, at which point the judge called an adjournment while the defendant received attention.

The former doorman and bodybuilder, had denied murder, raising the defences of provocation and diminished responsibility.But after deliberating for more than seven hours the jury of six men and six women unanimously found him guilty of murder.

The trial judge, the Recorder of Middlesbrough Judge Peter Fox QC, told Jones: “The jury has found you guilty of murder. I am bound therefore to pass, as I now do, a sentence of life imprisonment.” There were gasps from the public gallery and members of Jones’ family wept.

Struggling to be heard above the sound of crying, the judge said he was satisfied Jones had gone to get the knife from a neighbour’s house before returning and stabbing Katrina.

“Your intention, I am clear, was to kill her,” he said. The judge said he accepted Jones had been provoked, but not to the degree needed for a legal defence. He also took into account his age, his physical health and the fact that he had no previous convictions for violence.

But he told Jones, who will be 64 later this year, he would have to serve a minimum of 10 years before being considered for parole. A tearful Jones tried unsuccessfully to address the judge before being led from the dock. Family members shouted out that they loved him.

Members of Katrina’s family, who remained dignified and calm during and after the trial, had been in court to hear the verdict. Afterwards Katrina’s mum Jean Evans paid an emotional tribute to her daughter outside court. In a statement, Mrs Evans said Katrina “was my baby and I miss her with all my heart”.

As the family waited nearby while Detective Sergeant Colin Helyer, relatives of Jones came out of the court and several hurled abuse. Gestures were made and one shouted: “He’ll be out in six and a half.”

The court heard how the couple had been married for 10 years.
In February 2009, Jones found out his wife was seeing someone else when he discovered a Valentine’s card.
Katrina filed for divorce although Jones was desperate to save their marriage. Jones said they still regularly had sex until about July last year and left his head “screwed up”.

He ended up moving to a flat in Thrushwood Crescent, Marske. But he spent much of the time staying with his former neighbour next door to Katrina. Police were called a number of times by Katrina, who was keeping a diary of the harassment she was suffering at the hands of Jones. The trial had heard how he had gone round to confront Katrina as she prepared to hold a divorce party.

He snapped after seeing the house had been decorated with banners, balloons and streamers. One poster read: “Katrina’s divorce party. Free at last.” There was also a photo of Jones with the message “Pin the tail on the ex”, the jury heard. Jones argued with Katrina and then went next door to get a knife before returning and repeatedly stabbing her.

He then dialled 999 and pleaded for help to save his former wife’s life. Jones said he was “devastated” when he became aware of the divorce party. He said: “I couldn’t believe she would do that, I couldn’t believe she would hurt me that much.” Jones said he remembered arguing with Katrina but couldn’t remember attacking her.

THE heartbroken mum of Katrina Jones told how she will never get over losing her youngest daughter.

Jean Evans, along with other members of Katrina’s family, remained dignified and calm throughout the trial, despite hearing horrific evidence of the attack and previous incidents of harassment suffered at the hand of Jones.

In a touching statement given after the case, Mrs Evans said: “Katrina was the youngest of my four children. She was my baby and I miss her with all my heart. “I miss being able to cuddle and hold her and I miss being able to tell her how much I love her and how proud she made me feel every day. In hindsight I wish that I had told her every day that I loved her, at least it would have made up for all the times that I will not be able to do that now. My life has changed for ever and it will never be the same again. I loved my daughter very much and still do.”

Mrs Evans, a widow who lives in Middlesbrough, described her daughter as “funny, caring and lovely to be around”. And she added that the whole family are struggling to come to terms with what happened to Katrina. “Mark, Phillip and Susan who are Katrina’s brothers and sister are totally heartbroken at Katrina’s death and this will affect them and their families for the rest of their lives,” she said.

“With regards to Jordan (Katrina’s son) his whole life has been turned upside down and thrown into chaos. Everything that he trusted and believed in has been taken away from him.” She asked that the family’s privacy be respected.

During the case, Katrina’s family heard that police were called to the house on several occasions and she was keeping a diary of his harassment.

Detective Sergeant Colin Helyer, who led the case, said: “This is one of the most extreme cases of domestic violence that I have ever dealt with and the victim endured months and months of abuse which has ultimately led to her death. “Throughout the court case, Katrina’s family have had to listen to a lot of painful and upsetting evidence given by various witnesses. They have remained dignified throughout this time. This is a just result for a horrific crime. I only hope that it brings some closure for the family and they can now move on with their lives.”

Thursday, April 22, 2010

Man gets 7 years for hatchet attack on wife - judge not amused by "alibi"

A Port Richey, Florida man was sentenced to 7 years in prison followed by 3 years of probation last Friday, April 16, after attacking his wife with a hatchet, and trying to pretend to jurors at his trial that the attack was accidental, coming after he attempted to move furniture.

On June 8, 2008, investigators say, [now 43 year old Daniel]Stuckey attacked his wife at their home at 10018 Old Orchard Lane in Port Richey. The couple's two daughters - Dominique, 16, and Danielle, 9 - testified during the one-day trial that they were in bed with their mother at the time of the incident, . Dominique Stuckey awoke and saw their father carrying the hatchet toward their mother and, screaming, the girl tried to stop him.

Antoinette said she woke up because of the screaming and that her husband started swinging and cursing at her.

Stuckey said that while the argument heated up, he had the hatchet, used to move furniture, in his hand, and it dropped and hit her arm. Stuckey could not explain why there was a gash above her eye.

Prosecutors asked for the maximum sentence, 15 years for the 2nd degree Florida felony, while defense attorneys asked for a downward departure. It appeared that Stuckey got off, as he was convicted of the aggravated battery charge after acquittal of a more serious attempted murder charge, which carried a 30 year maximum.

Pasco County Circuit Judge Michael Andrews berated Stuckey for sticking to his story even after his conviction. "I simply cannot buy this argument that you continue to make that you didn't intend to use the hatchet," .It just doesn't make any sense whatsoever." He continued after sentencing. "I wish I could show you how I could move furniture with a hatchet," Stuckey said, before being led off into the Florida Department Of Corrections.

Sunday, March 28, 2010

Woman sentenced to life without parole for shooting ex-"girlfriend" after argument


A Manatee, FL woman who was convicted of killing her ex-"partner" was sentenced to life without parole Friday, March 19. Cynthia Monson, 51, was sentenced to the mandatory life without parole term for the murder of her ex, Patricia Thomas January 2009. While Monson's attorney claimed self-defense, Assistant State Attorney Art Brown said that Monson's re-enactment of the killing proved intent to kill.

“Even though she claimed she was in fear ... she kept adjusting her arm so she could shoot her in the head. It really became clear that it was done with intent and not in self-defense.”

At the time of her arrest, Monson told detectives she and Thomas had been arguing about their past relationship and custody of a child they adopted together.

Monson told detectives that she bought a gun on Jan. 13 after several arguments with Thomas in the weeks prior to the shooting. Four days later Thomas arrived at Monson’s home, in the 6400 block of Second Avenue Northeast, and they argued.

Thomas claimed to have a gun in her vehicle and Monson “determined at that time that it was her or the victim,” sheriff’s reports state. Prosecutors say Monson then opened fire on her ex-girlfriend with the revolver she had obtained days prior. Sheriff’s report say she shot Thomas five times, including in the back of the head.

The Manatee County jury took only two hours to convict Monson. The victim and perp were a couple for a dozen years, up until just before the shooting.

Friday, February 26, 2010

Australian ex-policeman gets 15 years for driving wife off pier in car

KATE HAGAN [The Australian Age]

February 26, 2010
A WOMAN who narrowly escaped death when her husband chained her inside his car and drove off a pier fears he will come after her when he is released from prison.

Former policeman Cameron Neil Cook, 44, was sentenced to 15 years' jail, with a minimum of 12 years, yesterday for a brutal four-hour attack on his wife that began at the couple's home at Cheltenham.

After private investigators confirmed his wife was having an affair, Cook pinned his wife to a bed and bound her hands, feet and mouth with tape before punching her in the face and calling her a whore.


He threatened her with a knife before chaining her to the rear seat of his car and driving to Mordialloc pier.As he drove at high speed into the water, he said: ''I'm sorry but I'm taking you with me. I am not going to let someone like you raise my son.'' However, the car landed in shallow water and the woman was able to free herself .

Sentencing Cook in the Supreme Court yesterday, Justice Elizabeth Hollingworth said he had shown no remorse over the 2007 attack and had said to a prison officer about his wife, ''She's a f---ing bitch, and when I get out of here I will do the job properly.''

Cook had also told his parents in various recorded conversations that his wife would ''get hers'' when he was released from custody.

Outside court yesterday, Cook's wife, who cannot be named, said she was scared about what would happen when Cook was released and she considered the possibility of him hurting her to be ''very real''. ''I'm just really relieved that it's over,'' she said. ''It's been a 2½-year legal battle.''

The woman said it had been difficult for her son, whom Cook had given a sleeping tablet before setting out to kill his mother. ''It's been tough for him, what a nine-year-old makes and understands out of this I really don't know,'' she said.

Justice Hollingworth called the attack on September 7, 2007, ''cowardly, violent and unprovoked'', and said Cook had left his wife with permanent physical and psychological injuries. Cook pleaded guilty to three charges, including attempted murder.

Justice Hollingworth said stories of people attacking partners out of jealousy or an inability to accept the end of relationships were ''all too common'', and general deterrence was relevant in sentencing. She said Cook did not seem to have accepted responsibility for his actions and was still hostile towards his wife.

Justice Hollingworth said such feelings might diminish with time ''or it may be that your feelings will intensify, as you sit in prison continuing to ruminate and obsess about your predicament and blame your wife for what happened.

''Your conduct was a completely inappropriate response to the breakdown of your marriage. It cannot be said that there is no real risk that you will try to harm your wife when you are eventually released from prison. The need for specific deterrence remains a very real sentencing consideration in this case.''

Justice Hollingworth was not swayed by defence arguments that Cook's time in jail would be more onerous because of restricted access to his son. ''You brutally attacked and tried to kill your son's mother after drugging the young boy and leaving him alone in the house; it is hardly surprising that one of the consequences of your actions has been some restriction on access to your son.''

Friday, February 19, 2010

Ghanian immigrant gets 20 to 40 years for murder of wife in front of their 7 year old child

A Ghanian immigrant was sentenced to 20-40 years for strangling his wife and leaving her 7 year old son to find his mother's body by Allegany County, PA Common Pleas Judge Kathleen A. Durkin. Jude Agbley, 35 and of Forest hills, a suburb of Pittsburgh, was handed the maximum for the 3rd degree murder of his wife Brenda Agbley, 40 because "It's an especially traumatic situation for the child to see his mother [killed]."

In a victim impact statement, Corey Gibson, the 7 year old son of the victim, said "Keep Jude in jail for life. I wish my dad hadn't done what he did to my mom. I am still angry at my dad, Jude, and I will miss him."

Heather Lorigan, the 23 year old daughter of the victim, and Corey's half sister, said that Agbley should be imprisoned for life - something which is mandatory in Pennsylvania only for 1st and 2nd degree murder.

For Lorigan and her family, her mother's death was the second tragedy to strike. Eight months earlier in May 2008, two people attacked Heather and her father, Thomas Lorigan, in Greenville in Mercer County. Thomas Lorigan died in the attack and Heather, who was stabbed in the head, now uses a wheelchair.

The victim's mother, 61 year old Marilyn Allen, said Agbley's murder of her daughter compounded her family's tragedy. "We had just gone through all of that eight months earlier and Jude knew that," she said.

Mrs. Agbley was found dead on the living room couch in her Ogden Avenue home by her son. A week later, immigration agents captured Mr. Agbley at a Greyhound bus station in Detroit. Detectives found 14 threatening text messages on Mrs. Agbley's cell phone, sent from a number listed in her directory as "Jude." The text messages suggested that Mr. Agbley believed his wife was cheating on him.

Agbley was facing outstanding burglary charges and a failure to appear warrant on them dating from 2003, and ICE agents issued a deportation order for him the following year. He apologized to the victim's family, saying "I deeply regret this unfortunate incident. I pray for Brenda every day and I hope that she can find peace and comfort."

However, Assistant District Attorney Mike Sullivan pointed to the brutality and callousness of the crime in explaining why he believed Agbley's "remorse" was an act. "He leaves the body on the couch and doesn't call police. He leaves an 8-year-old boy alone. The remorse Mr. Agbley is attempting to express is nothing more than a ruse."

Thursday, February 11, 2010

NY state legislator convicted of misdemeanor assault of girlfriend - sentenced to 3 years probation, expelled from NY Senate

(Original Post 10-17-09)
A prominent New York politician escaped a felony conviction Thursday, October 15 for beating his girlfriend, 30 year old Karla Girardo. However, it seems like 42 year old New York State Senator Hiram Monserratte won't be entirely in the clear. There are already calls for the Democratic Senator representing the Elmhurst neighborhood of Queens to be ousted. Felony convictions automatically lead to dismissal from the New York lesiglature, but not misdemeanors.

Addressing a crowded and tense courtroom, Erlbaum said that Monserrate was guilty only of shoving around Giraldo - an attack captured on tape and played in court.

"Only two people" know for sure what happened inside Monserrate's apartment on Dec. 19, 2008, when Giraldo's face was cut, the judge said.

Erlbaum said he could not say for sure if Giraldo was lying, as prosecutors contended. "Can one know she's not being forgiving or that she's not being compassionate?" he said. "One can't know that." Erlbaum concluded, "Proof beyond a reasonable doubt is lacking."

"Yes!" a Monserrate supporter yelled after Monserrate skated on the most serious charges.

Those charges come from an incident in which the state senator from Queens allegedly pushed around Giraldo and cut her face up with a piece of broken glass. The misdemeanor assault charges the politician was found guilty on stemmed from a scuffle in front of security cameras. Queens DA Richard Brown had no problems with the conviction on lesser charges, stating that  the verdict (and surveillance camera) showed that "the defendant physically abused his victim."

Though the misdemeanor conviction calls for a sentence of up to a year in jail, Monserrate will probably get probation, according to his attorney Joe Tacopina. "On a reckless misdemeanor, first offense, he won't go to jail," Tacopina said.

Politicians from both sides of the aisle, as well as leaders of the New York chapter of NOW, are demanding Montserrate's resignation, even though the resignation could cost NY Democrats there slim majority in the NY Senate.

According to state senator Martin Golden (R-Brooklyn), the conviction meant that "ouster is an option . . . it should be seriously considered. It's an assault against a woman. I would hope he would just step aside and move on, but I know better. He ain't going anywhere."

"I was praying that [expletive deleted] would get convicted and he would be gone," said an anonymous Democratic politician. A second senator stated that "a lot of people want to oust him. As the days go by, I think most people will (agree) that we should get rid of the guy. This is not a guy who most of his colleagues want to see back."

Marcia Pappas, president of New York NOW, said "The man is violent. If the Democratic leadership took some kind of action it would certainly send a strong message to women around the state that they are serious about protecting women."

New York Daily News columnist Joanna Molloy has her own take on this incident.

Amazingly, according to Tacopina, "She loves him, as she testified in court. As he said yesterday, he loves her...And they're looking to get back together and resume their marriage...uh, relationship."

To which GDNY (Good Day New York) anchor Rosanna Scotto said, "Will they get married?" and Tacopina replied, "Maybe I said marriage, maybe I let the cat out of the bag, but that's where it's heading."

A few of Monserrate's constituents were also taken aback by the verdict. One woman said, "How do you accidentally smack her with a bottle? I think he did it and she’s afraid. He should be in jail," while a man who previously voted for Monserrate but won't do so again told the NY Times, "He’s a lucky man. Any normal person would be locked up for years. Domestic violence. Guaranteed. You don’t hit a woman. You love a woman."

Monseratte faces up to a year in jail at his sentencing December 4.

(Update 12-5-09) Monserrate was sentenced to 3 years probation, a $1000 fine, 250 hours of community service, and domestic violence counseling for the attach on Giraldo yesterday. He said before Judge Erlbaum that "I am here because of my own actions . . . I am so sorry for the harm Karla Giraldo endured and suffered...It's very difficult, your honor, not to be with her. She deserves happiness, nothing but good."

Giraldo said in Spanish that  "I don't need an order of protection. I want to be with him. I want to continue my normal life," Giraldo, 30, told the judge in Spanish. "Before this we had plans. We would like to get married."

Judge Erlbaum, to his credit, recognized that Giraldo was still under the thrall of her abuser, so he continued the protection order barring Monserrate from seeing her. "I am loath to say you can't be together. But a promise alone that Mr. Monserrate will respect her autonomy is a far cry from remedying the green-eyed monster of jealousy. I hope the time will come that Karla Giraldo will have the self-respect to stop acting like a slave."

Giraldo's lawyer hopes that the protection order is lifted. The New York Senate's Special Committee of Inquiry will decide whether to expel him later this month.

(Update 2-11-10) On Tuesday night, Monserrate was expelled from the New York State Senate by a 53-8 vote. This was the first expulsion from the NY Senate since 1861. All 30 Republicans and 23 Democrats voted for expulsion, with Governor David Patterson announcing a special election for March 16.

Monserrate said that his expulsion was unwarranted because others expelled from the New York Senate committed other, more serious violations.

   Make no mistake about it, this is an effort by some in this body to publicly demonstrate that it is going to expiate all of its sins, and Hiram Monserrate is the perfect scapegoat for your absolution...[I] have also seen a long list of others who were convicted or plead to misdemeanors; many negotiated these pleas to avoid felony convictions. And in all that time no one stood up to say, ‘enough’s enough,’ even when the behavior became common knowledge .

   Yet with all of this history of corrupt and suspect behavior, no senator has ever been forced to face the prospect of expulsion until now...Let me remind everyone that a new election cycle is right around the corner,” he said “If my sins are of such magnitude that the voters of the 13th Senatorial District feel that they can no longer support my continued service-then so be it. It should be up to them to expel me, if they should so decide, but not up to this body.”

Major state newspapers applauded the decision. So did the president of New York NOW, Marcia Pappas, who said, "Anything less than expulsion was not acceptable. Any form of violence against women is not acceptable."

Tuesday, February 9, 2010

Suburban Toledo man gets 40 years for rape of estranged wife during standoff

A suburban Toledo, OH man was sentenced to 40 years in prison yesterday for a hostage standoff where he held and raped his then estranged, now ex-wife, Barbara at gunpoint for six hours. After a two day trial, Michael Sweirgosz, 47, was convicted of three counts of kidnapping, one count of felonious assault, two counts of rape, one count of aggravated burglary, and a count of weapon posession while under felony indictment.

The convictions stem from an incident April 28 in which he held his victim hostage for several hours during a standoff with police that shut down a local retirement village and schools in the area.

Nine witnesses testified during the trial, including Swiergosz's ex-wife and Swiergosz himself. The evidence showed that Swiergosz armed himself with a stolen 9mm pistol and went to the Sunset Retirement Communities on Indian Road where his then-estranged wife was employed.

About 50 police officers responded to the scene, and Swiergosz kept them at bay for about six hours. He released his ex-wife after more than five hours and gave himself up about 30 minutes later.

During the trial, Swiergosz said that the purpose of his entry onto his estranged wife's workplace was to get answers to a long list of questions, and a desire to be with his kids. He admitted that he brought the gun with him and had sex, but claimed the gun was there as a prop and the sex was consensual.

Before sentencing, he said, "I lived my life as a good person and a faithful husband and a good father for 46+ years. I let all of what happened get the best of me. For that I am truly sorry. All I want is for the opportunity to be a father again."

The victim said she still has images of blood dripping down her body as her now ex-husband raped and was threatening to kill her.

The Swiergosz's were married for 14 years before the attack last year. Their four kids are 17, 12, 8 and 1. On March 10, 2009, police were called to their home for a domestic violence incident which turned into a standoff. This incident started as an argument and escalated after he fired twice at Barbara, who escaped. Their 7 year old daughter witnessed the incident in a van. Barbara left and took the kids with her after the first standoff. Judge Alan Mayberry of Wood County Common Pleas Court sentenced Sweirgosz to seven years for the standoff, inculding a year in a plea to burglary of the gun used in the April 28 incident from an acquaintance's home. Judge Denise Ann Dart's sentence will run consecutive to Judge Mayberry's sentence.

Judge Dart told the perpetrator, "It's clear you are very disturbed," and said that he had no regard for his kids only for himself.

Prosecutor Dean Mandrose said, "I think the judge recognized that he has an obsession - fixation on his ex-wife and that he twice subjected her to very traumatic incidents where she was physically injured." The victim said she still has images of blood dripping down her body as her now ex-husband raped and was threatening to kill her.

Swiergosz plans to appeal. If he gets out (highly unlikely because Ohio sentences have no good time reductions), he must register for the rest of his life as a Tier 3 sex offender.

Monday, February 8, 2010

New Britain, CT woman files restraining order 8 days before murder, allegedly by husband

A Connecticut mother of 3's restraining order, dated January 27,  paints a grim picture of events leading up to her February 4 death, allegedly by her husband. In it, 30 year old Dia Palafox made allegations against her husband on about a year, 32 year old Juan Palafox, saying that he threatened to kill her and take her kids to Mexico.

The victim's mother found her daughter on the floor of the younger couple's New Britain home. The children, 6, 5 and 2, werein the house but unaware of what had happened. The Connecticut Medical Examiner's Office ruled Dia Palafox's death a murder by multiple stab wounds.

The restraining order filed last week paints grim a picture of the couple's last month together, which, according to court documents, was colored by physical and verbal abuse.

"My husband was drinking. He punched me in the face. Took me by the hair and hit my head twice on the bathtub. He also grabbed scissors and threatened to kill me," Dia Palafox wrote of the incidents that unfolded on Jan. 16.

The abuse also was sexual, she writes. Juan Palafox "forced himself on me for sex. I said 'no' numerous times," Dia wrote of an attack on Jan. 1. "He said I'm his wife and it's not rape."

She also went to a friend's house more than once in January, in fear of her life. During one of those trips, Juan showed up yelling at her to "get out of the car or he will hurt me," Dia wrote. "The children witnessed this."

On the last date listed in court papers, Jan. 27, Dia describes coming home from work and being met with verbal accusations that she was having an affair. A friend she was speaking with over the phone called police.

Throughout their last few weeks together, Juan harassed Dia "on a daily basis," she wrote, "stating that he will take my kids to Mexico and I will never see them again."

Juan Palafox was pulled over in North Carolina for speeding, and is on his way to being extradited back to Connecticut. This was not the first time that he had been violent towards his victims. in 2002, his pregnant 23 year old girlfriend was threatened with a knife, though the records surrounding the case are sealed.
 
The Hartford Courant has more coverage about DV, including two women's experiences with teen dating violence.