The fate of a Fort Thomas woman on trial for the shooting death of her husband is now in hands of jurors.
The jury in the murder trial of Cheryl McCafferty heard closing arguments and then was dismissed by Campbell Circuit Judge Julie Reinhardt Ward to the jury room to deliberate shortly before 3 p.m. Monday.
McCafferty is accused of killing her husband as he lay in the couple's bed at their home on Madonna Place on June 25, 2007. Robert McCafferty, 44, was shot once in the head.
It was a packed courtroom on Monday leaving several dozen people waiting outside unable to hear closing arguments.
Defense Attorney Frank Mungo went first telling jurors the crime scene lost its integrity due to the police.
He said Cheryl McCafferty acted in self defense after a violent fight took place in the closet between Cheryl and Robert.
"She was in a hostage situation. The only difference was it was her husband that was her captor," said Frank Mungo, Cheryl McCafferty's Attorney.
Mungo says the most reliable testimony came from McCafferty's two children Molly and Patrick.
"The two that lost the most got up and from across the room embraced their mother with their eyes. Nothing but love. Nothing but love," said Mungo.
When it came time for the prosecution, they had Ft. Thomas police assemble the master bed where Robert McCafferty was shot including the blood soaked mattress and frame.
Commonwealth attorney Michelle Snodgrass got into the bed and under the covers holding the murder weapon.
"She got on all fours, turned the gun around, and moved the gun up as she stared. He opened his eyes. (Snodgrass pulls the trigger) Bob's dead.
Her story doesn't fit with the evidence," said Michelle Snodgrass, Commonwealth Attorney. "One shot to the head into a man who was sleeping. That shows intent. Intent to kill. Ladies and gentlemen here in the state of the Kentucky that's murder.
The jurors have several options before them. They could find McCafferty guilty murder which shows intent, manslaughter which means she caused the death under emotional distress, reckless homicide meaning she acted in a reckless manner or they could find her not guilty due to self defense.
McCafferty faces up to life in prison if convicted of murder.
At 530p.m., deputies brought the jurors dinner from Frischs. There's no word on how long the deliberations will go into the evening.
Stay with WCPO.com, KyPost.com and 9News for the latest on the trial.
