Abuse evidence led to leniency
Friday, Dec. 3, 2010
By BETHANY RODGERS
A judge on Wednesday sentenced a Bryans Road woman to five years in prison in her husband's murder, a shooting a prosecutor described as an attack on a retreating man. Defense attorneys said the killing came after he had beaten his wife.
Family members, friends and police officers took the stand during the hours-long hearing to testify about their experiences with Janet Lynn Cabezas, 52, and her husband, Steven Christobal Cabezas Sr. A forensic psychiatrist also offered her opinion that Janet Cabezas suffered from battered spouse syndrome, post-traumatic stress disorder and major depression, which defense attorneys cited as mitigating factors in the July 20, 2009, slaying of her husband at their Marshall Hall Road home.
Janet Cabezas pleaded guilty to second-degree murder in September and, according to the provisions of the plea agreement, faced up to 12 years of active incarceration.
Charles County Circuit Court Judge Robert C. Nalley sentenced her to 30 years in prison but suspended all but five. He said he knew many people would be displeased with the ruling, but added that "it's my best effort to satisfy competing interests."
Family members of Steven Cabezas gasped as Nalley announced the sentence.
"I'm not happy about it," Dora Cabezas, the victim's first wife, said of the sentence. "But at this point, I'm feeling relief for the family that she's off the street and behind bars, where she should've been a year and a half ago."
Court documents state that when police arrived at the Cabezas home in the summer of 2009, they found the body of Steven Cabezas Sr., 54, in the residence. Witnesses said Janet Cabezas had been holding a handgun outside of the home and had asked them to check to see if her husband was dead, the documents state.
She told detectives she shot her husband during an argument, according to the papers.
Janet Cabezas' defense team portrayed Steven Cabezas as having a history of violence, a man whose wife suffered from a pattern of abuse and a beating on the day of the murder. Photographs of Janet Cabezas taken after the shooting show bruising on her forehead and face, District Public Defender Sheila Sullivan and the prosecutor said.
"Janet did what she thought she needed to do to protect herself," Sullivan said. "She doesn't rejoice Steve's passing. She still loves him. … The shooting was because of the violence."
But Charles County State's Attorney Leonard C. Collins Jr. offered a different perspective.
An autopsy report indicates Steven Cabezas died from multiple gunshot wounds; he had been struck four times in the back and once in the temple, Collins said during the hearing. His body was found near the doorway of his home, keys clutched in his hand, the prosecutor said.
"This wasn't an attacker. This is someone in retreat," Collins said.
Collins pointed out that there weren't any marks on Steven Cabezas' hands, saying if he had struck his wife, some injuries might be expected. The wounds on Janet Cabezas' face could have been self-inflicted, the prosecutor said in a suggestion the judge rejected.
"I don't believe for a moment those are self-inflicted," Nalley later said. "I believe this lady sustained a significant beating."
Sullivan said Janet Cabezas was alone for mere minutes following the shooting, leaving her little opportunity to injure herself.
The couple's history was the debate's focus, as Janet Cabezas' defense team called an expert who testified the woman had battered spouse syndrome arising from "cycles of abuse" in her marriage. However, when Collins asked forensic psychiatrist Ellen McDaniel to point to specific examples of the cycles, she could detail only one documented instance.
In that case, Janet Cabezas petitioned for a protective order from Steven Cabezas, reporting he choked her and held her head underwater in a pool after she intervened in an argument between her husband and stepdaughter. She later requested dismissal of the order.
However, McDaniel said such action is typical of people with battered spouse syndrome.
Sheriff's officer Stephen Miller, who responded to the home after the incident, testified that he saw injuries on Janet Cabezas, but at the time, neither she nor her stepdaughter mentioned an attempted drowning.
McDaniel also cited records that showed the defendant had received medical treatment for scratches on her face, but at the time, Janet Cabezas didn't blame the injuries on her husband, instead "giving an excuse."
And during divorce proceedings, a former wife of Steven Cabezas mentioned he had been violent in their marriage, McDaniel said. The expert admitted to Collins that she hadn't interviewed either of Cabezas' two former wives, adding that she felt the second wife was an unreliable source.
Collins said the defense had failed to show Steven Cabezas was a violent man.
"The character assassination of him is just wrong," the prosecutor said.
He called the victim's first wife, Dora Cabezas, to the stand.
"There was never any violence between me and Steve. He was more quiet, wanted to resolve any issues," she said. "If I ever tried to get a rise out of him, he would normally leave, get in his truck, take a ride and come back when things calmed down."
The defendant's daughter also spoke to the judge, saying Janet Cabezas was a good parent and expressing regret for not reading the signs her mother sent by withdrawing from family during the past few years.
"I now realize there was more going on than we all thought," Toni Adams said.
A call to Adams wasn't returned by deadline.
Just before her sentence was announced, Janet Cabezas apologized for shooting her husband.
Nalley said there was nothing fair about the killing and its effect on those involved.
"Frankly my heart goes out to these people," Nalley said. "I think [Janet Cabezas'] son … put it as well as anyone when he said she made a bad decision. And I'm sure she wishes she could take it back. I think we all do."
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