An Elkview woman who shot and killed her estranged husband in a Charleston
Kanawha County Circuit Judge Tod Kaufman Tuesday sentenced Rhonda Stewart, 54, to 10 years of home confinement with credit for four years of time served.
Back in 2009, Stewart walked into the ICU at CAMC Memorial and shot to death her husband Sammy while he lay in his bed.
A jury in 2009 found Stewart guilty of first degree murder with mercy, but that ruling was later overturned by the state Supreme Court. She was scheduled to go to trial a second time later this year.
Stewart’s daughter took the stand Tuesday and explained her mother’s tough past.
“She was born into object poverty to two alcoholic parents. She spent a lifetime taking care of my dad, my sister and myself,”said her daughter. “She has been imprisoned her entire life.”
Stewart says she had been abused for years by her husband.
Both daughters asked Judge Kaufman for a sentence of home confinement. Stewart had served nearly four years in home confinement since her first trial.
Stewart apologized in court for what she had did.
“If I could take it back, of course I would,” said Stewart. “I am truly sorry to everyone.”
Stewart told the court she was out of her mind when she shot her husband and couldn’t remember what happened, but understood what she did was wrong.
Kanawha County Prosecutor Mark Plants said they maximized the sentence based on the evidence that they had available.
Stewart’s attorney called this a typical domestic violence situation, Plants disagrees.
“Typically I’m dealing with an abuser who was shot or killed in a violent manner at the time of attack and the theory is self-defense and I understand that, but those facts aren’t here in this case,” said Plants.
Stewart previously plead guilty to the second degree murder charge back in February.
