Fort Thomas wife and mother Cheryl McCafferty was sentenced to 18 years in prison for putting a gun to her husband’s head as he lay in the couple’s bed and killing him.
Campbell Circuit Judge Julie Reinhardt Ward sentenced the 44-year-old McCafferty before a packed courtroom in Newport shortly before 11:30 a.m. on Tuesday.
As the sentence was handed down, McCafferty sat with her head held high and seemingly emotionless but later cried as she left the courtroom holding room for the hallway.
McCafferty must serve at least 20 percent of her sentence -- about three and half years -- before being eligible for parole. She also will receive credit for the time she has served since being taken into custody in June 2007.
Cheryl McCafferty faced ten to twenty years in prison after a jury found her guilty of killing her husband Robert at their Ft. Thomas home back in June of 2007.
On Tuesday morning behind closed doors both sides worked out a deal for sentencing.
"We worked with the Commonwealth to spare everybody any more grief and we think its a very good result for both sides," said Frank Mungo, Defense Attorney.
The judge sentenced Cheryl to 18 years with parole eligibility after serving twenty percent or roughly three years.
This after the defense pushed for a domestic violence stipulation.
"We will say to this day we believe she was a victim of domestic violence. That was basically the entire fight. If we could get the 20 percent eligibility, that was what we were concerned about. We entered into the agreement and that makes it ok for us," said Deanna Dennison, Defense Attorney.
In exchange, McCafferty can not file an appeal.
"The family very clearly wanted a message to be sent that Bob's death will not go unpunished and that's what we have that happened here," said Michelle Snodgrass, Campbell County Commonwealth Attorney.
The sentencing closes a painful chapter for all involved.
"We love you cheryl," cried out observers as Cheryl McCafferty was lead out of the courtroom in handcuffs.
"Bob's family continues to grieve the loss of a wonderful loving person. They are thankful for the prayers they have received from friends but still continue to ask for your prayers and support," said Dave Bender, Spokesperson for family of Robert McCafferty.
Cheryl McCafferty's legal troubles are not over.
She now faces a civil lawsuit filed on behalf of Robert McCafferty's family.
A hearing takes place at the end of the month.
A jury of eight men and four women found the mother of two guilty on Monday of the lesser offense of first degree manslaughter. Prosecutors had sought a murder conviction in the June 25, 2007 killing.
Jurors deliberated for less than four hours. Besides murder and first degree manslaughter, jurors could have chosen second degree manslaughter, reckless homicide or not guilty.
Jurors began deliberations shortly before 3 p.m. after closing arguments. They had dinner and announced they had reached a verdict at 6:23 p.m.
The 44-year-old McCafferty had claimed she shot her husband, Robert, after what she described as a “night of terror” because she feared for her life and the safety of their children.
The killing sent shock waves through the Fort Thomas community.
Robert McCafferty, 44, was shot once in the head as he slept in the couple’s bed in the master bedroom of the family's home on Madonna Place.
Fort Thomas police said they were sent to the home after a woman called 9-1-1 around 8:15 a.m. saying "my husband was trying to kill me and I killed him."
Prosecutors said Cheryl McCafferty was $50,000 in debt on credit cards, had allegedly forged her husband's checks before the deadly shooting and disputed her self-defense argument contending she shot her husband as he slept.
Prosecutors also stated they found evidence on McCafferty's computer that she had researched the case of Amy Bosley, another Campbell County wife who pleaded guilty to shooting her husband to death as he slept in 2005, alluding to premeditation.
Deanna Dennison, the attorney who defended Cheryl, sought to build a case of self defense as she outlined what she said was violence against the woman at the hands of her husband that had grown "increasingly worse" over the last two years.
In testimony Cheryl McCafferty said Robert had pistol whipped her the night before the shooting, thrown her into a closet and shot at her and then held a gun to her head during the night time hours just before the early morning shooting.
"You need to die," Cheryl testified her husband had told her or else he would kill the kids.
Early on the morning of shooting, Cheryl testified she slipped the gun that her sleeping husband held to her side away from him and eased it out from under the covers and then shot him.
"I shot him. I didn't aim. I didn't mean it. I didn't plan it. All I knew (was) I had to stop him," she testified.
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