Prison time sought for couple

Tuesday, Sept. 27, 2005 | 11:24 a.m.

The Department of Parole and Probation this morning recommended that the mother of two girls who were stabbed in Mesquite in 2003 and her husband should be sentenced to 32 months to 12 years in prison.

Tamara and Robert Schmidt pleaded guilty July 25 to one count of felony child abuse and neglect causing substantial bodily for not being at home when their 3-year-old daughter, Kristyanna Cowan, was fatally stabbed and Kristyanna's half-sister, Brittney Bergeron, was left paralyzed.

Under the terms of the plea agreement, District Judge Donald Mosley could sentence the couple to anything from probation to eight to 20 years in prison.

Judges do not have to follow sentencing recommendations from the Department of Parole and Probation, however, and one key feature of the plea bargain struck with the Schmidts, however, is that prosecutors have retained the right to argue regarding Tamara Schmidt's sentence.

Prosecutors have declined to comment on what sentence they would argue for, saying only they would be arguing for prison time.

The Schmidts originally faced two felony counts and 12 gross misdemeanor counts of child abuse and neglect. If convicted of both felonies and Mosley opted to sentence them consecutively, the Schmidts could have faced 16 to 40 years in prison.

The gross misdemeanor counts carry a maximum sentence of one year in jail, but prosecutors said it would be rare for a judge to order a person to serve more than two such charges consecutively.

Prosecutors allege Beau and Monique Maestas first confronted the Schmidts over the sale of bogus drugs in January 2003 at the CasaBlanca hotel in Mesquite. Prosecutors say that after the siblings were kicked out of the hotel, the pair went looking for the couple at the Schmidt's trailer in the CasaBlanca RV park, but found Tamara Schmidt's daughters instead.

Prosecutors said during the attack the Schmidts were at the hotel, gambling and drinking.

It is unclear what effect Tamara Schmidt's decision to plead guilty will have on reunification efforts with Brittney ordered by Family Court Judge Gerald Hardcastle.

Because of a ruling by Hardcastle, Schmidt's parental rights have not been terminated and she is to have increased visitation with Brittney and undergo family counseling.

Brittney continues to live with a foster family.

She recently received a $5.5 million settlement from the owners of the CasaBlanca Resort RV park where the attack occurred.

Last week an attorney unsuccessfully argued that he deserved more than $1 million of the settlement. Attorney William Errico represented the natural fathers of Brittney and Kristyanna, but was later criticized and dismissed from the case largely for having a guardian appointed on behalf of Bergeron for the purposes of legal action.

District Judge Valerie Adair rejected his claim, and awarded him $2,500 for legal services. Errico has said he would give that money to Brittney.

Beau Maestas, 21, previously pleaded guilty to one count each of murder, attempted murder and burglary, all with use of a deadly weapon. But at his penalty hearing in June, a Clark County jury announced that it was deadlocked 10 to 2 in favor of the death penalty for Maestas.

Because of the deadlock a mistrial was granted and Mosley scheduled a new penalty hearing for April 10.

Monique Maestas faces the same charges as her brother plus one count of conspiracy to commit murder. She has pleaded not guilty and is scheduled for trial on April 17 before Mosley.

She will not face a possible death sentence because of this year's U.S. Supreme Court ruling that people who were younger than 18 when they committed their crimes can't be executed for those crimes.

Monique Maestas was 17 at the time of the attack.