Sentence angers victim's family
- Original The Morning Call article: Sentence angers victim's family
Kathy Waschek placed an urn containing her sister's ashes on a lectern, and poured her heart out Friday to a Schuylkill County judge about how her sibling was murdered.
About an hour later, Waschek and other friends and relatives of Roseann D. Barrett walked out of the courtroom upset at the sentence, their faith in the justice system shaken.
Judge John Domalakes sentenced Barrett's killer, Joseph A. Cress, 43, of Girardville, to eight years and four months to 16 years and eight months in state prison for third-degree murder.
Barrett's family wanted Cress to serve much more time. Assistant District Attorney Allyn Starry asked Domalakes to give Cress the maximum 20- to 40-year sentence the law allows for third-degree murder.
''I feel the time doesn't fit the crime,'' Waschek said as tears rolled down her cheeks. ''We can never get Roseann back.''
It was another chapter in a long, sad story for Barrett's family, and it may not be over. Prosectors have not decided whether they will ask Domalakes to reconsider his sentence, but defense lawyer Stephen Ellwood of Pottsville said Cress has asked him to appeal.
Cress ran over Barrett with his pickup truck in the early hours of June 15, 2007, near Girardville. That happened after they had spent much of the night together drinking, and Barrett rejected Cress' sexual advances while they were parked on a road.
Authorities say Barrett, whose injuries included fractures to the skull, spine, pelvis, all 24 ribs and both thigh bones, was run over twice.
Police questioned Cress the day of Barrett's death. He initially denied even knowing Barrett's name, but eventually admitted he had felt two bumps as he pulled away from the area with Barrett outside the truck.
Cress earlier this year pleaded guilty to a general charge of homicide, and let Domalakes decide his degree of guilt. Domalakes found him guilty of third-degree murder and several lesser charges, including involuntary manslaughter and aggravated assault.
During the sentencing, Barrett's family turned the courtroom into a makeshift memorial. Some carried pink roses, others wore pins, and they even put together a collage of Barrett's photographs on a board.
They listened intently as Cress, who apologized, blamed the incident on a long-time battle with the bottle.
He said his life began a downward spiral after he was hurt in November 2001 when he was unloading a tractor-trailer at work. Cress said he got hit in the head, lost all his teeth and suffered recurring headaches. Eventually, he collected worker's compensation and turned to the bottle.
''I drank from morning to night,'' he said. ''That's all I did.''
The night of Barrett's death, he said, is a blur.
''I'm still trying to figure out how it happened,'' Cress said. ''I don't understand.''
robert.laylo@mcall.com 610-379-3223
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