An Elkview woman who shot and killed her estranged husband in a Charleston hospital bed will not spend time in jail.
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.
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Comments
hillbilleee
have to shake my head on this one, wow
March 19, 2013 at 6:31 pm | Report comment
j
While I in no way condone domestic violence and do feel for those that have had to suffer through it, This one I just dont understand.
If she had shot him within the home, I would probably be saying good for her. However, in this case I cannot do that.
This woman should have been found guillty of 1st degree Murder. She carried a gun into the hospital, carried a gun into the hospital room, pulled the gun out, and shot him.
That was definately pre-meditated.
March 19, 2013 at 6:42 pm | Report comment
Roger
I consider this Strike II for the judicial system here in WV with Strike I being the fiasco with Webster releasing prisoners she didn't care to have in her court.
Now this. This woman carries a weapon into a hospital setting and fires it. Personel there had to have been in at least some peril.
Our government wants to ban weapons from everyone instead of properly dealing with people that use them to commit a crime.
March 19, 2013 at 9:23 pm | Report comment
Jimmy
Great job making it about the government wanting to take away your guns. Why are you so paranoid about guns being taken away? Nobody has proposed taking away your guns. You probably sit at home all day collecting your disability check and rail about the big bad government that wants to take all your possessions and your rights away.
March 20, 2013 at 7:12 am | Report comment
Roger
I am very impressed by your ability to express yourself so eloquently. That 6th grade education is coming in very handy.
I am not paranoid about having my guns taken away and was not making this into a debate about that. I was simply pointing out that our system of justice isn't making people responsible for their own actions. It's a little like the school teacher or Principal that chooses to punish the whole class for something one or two individuals did.
Sorry if you don't get that.
March 20, 2013 at 10:48 am | Report comment
jfk
This opens the door for revenge killings. The man might have deserved it but that doesn't give her the right to take a gun into a hospital and shoot him in the head and then get 10 years home confinement. Those of us outside the case do not know all the facts but the fact is she admitted to killing the man. "Kanawha County Prosecutor Mark Plants said they maximized the sentence based on the evidence that they had available."
If this is the case our laws are flawed.
March 20, 2013 at 9:12 am | Report comment
WVIRGINIAN FOR LIFE
Oh my gosh. What was the Supreme Court justices thinking. She says she was out of her mind. Does that mean she has completely recovered and won't go crazy again? What happens if one of her daughters experience domestic violence? Will she go crazy again and kill their husband at work. This is unbelievable. No partner is safe now with this verdict.
March 20, 2013 at 9:21 am | Report comment