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Cynthia Galens, the Farmington, Ontario County
woman convicted of manslaughter after spiking her boyfriend’s
margarita mix with antifreeze was sentenced to 23 years in prison.
Galens showed no emotion when Ontario County Court Judge William
Kocher handed down the sentence.
Galens was convicted in September of first
degree manslaughter for the death of Thomas Stack, better known as
Kevin. Stack died in October, 2009 after consuming margarita's
that were made with the spiked mix.
Galens admitted in court that she put
antifreeze in the margarita mix knowing Stack would drink it. She
said her intent was not to kill Stack but to make him sick because
he was physically and verbally abusing her.
"There were a couple of things that were really
important here,” said Ontario County District Attorney Mike
Tantillo. “The fact that this was not a spur of the moment act but
was premeditated, the fact that she had multiple opportunities to
change course and do something to change his life and the fact
that she lied to the doctors which ensured his death, I think all
of those things militated toward a sentence approaching the
maximum."
Before sentencing Galens, Judge Kocher said the
defendant was offered a plea deal that would have resulted in an
18 year prison sentence. However Galens and her attorney, Matthew
Mix, insisted on taking the case to trial.
Tantillo says the evidence against Galens was
so strong that she should have pleaded guilty.
"You can't ignore the fact that this caused a
great deal of pain to the victim's family members to have to
listen to this excruciating testimony,” he said. “I also think
it's outrageous that a case that had as strong as evidence as did
this case that the defendant required her own daughter to be
compelled to testify against her. That's not going to serve her
well down the road."
Emily Galens testified that her mother asked
for assistance in disposing of Stack's body.
She declined comment following her mother's sentencing.
Stack's mother said she is satisfied with the
23 year sentence adding that Kevin finally has justice.
"You don't know the tension we've gone through
for the past year and so many months,” Sandra Stack said. “It's
been a horrific experience never will we ever have to go through
or most people will have to endure."
Mrs. Stack spoke at sentencing telling the
court her son was an intelligent person, a veteran of the United
States Air Force and a radiation expert. But she said alcohol
consumed his life. Sandra Stack said she can't imagine what
Kevin's last few months were like living with someone she says
didn't even like him.
By Casey J. Bortnick-
Fingerlakes.ynn.com
September 23, 2010
Guilty of first-degree manslaughter: It took a
jury only 90 minutes to reach that verdict in the trial of an
Ontario County woman accused of spiking her boyfriend's margarita
mix with antifreeze.
Cynthia Galens testified that she poisoned
Thomas "Kevin" Stack's drink last October to make him sick,
however he later died.
Galens said that she had left Stack in his
chair to go get her daughter in Rushville on October 3, 2009. Upon
returning home, she found him in the same chair, unresponsive and
drooling.
Galens said she then called her friend and
asked him to come over. When he arrived, she told him what she had
done and that Stack was inside and unresponsive. Her friend told
her to call 911. She testified that she did not call 911, but
instead called her ex-husband David Galens, who also showed up and
told her to call police.
Around 4:30 p.m. that day, Galens finally
called 911. She said she does not know why she didn't place the
call sooner. She claims that she had no intent for Stack to die
and said that she "wanted a life with him."
Under cross-examination by Ontario County
District Attorney Mike Tantillo, Galens said she waited so long to
call 911 and did not tell the operator what she had done as a
means to protect herself.
Galens also told Tantillo that she asked her
daughter to help dispose of Stack's body, even though he was still
breathing at the time.
Galens now faces up to 25 years in prison, but
her family said there was a reason she did what she did and it is
something it hopes the judge will keep in mind.
"I know she is and well her whole family knows
that she really and truly is a good person," said Cynthia Galens'
father, Brad Stanton.
Stanton said his daughter is not a cold-blooded
killer – just a mother trying to protect her daughter.
"I know that Emily was horribly abused,"
Stanton said. "Cindy lost her only son Matthew at age 19. This man
threatened to kill Emily."
Galens' daughter Emily left the courthouse in
tears after her mother was found guilty of spiking Stack's
margarita mix with antifreeze. During the trial, Emily testified
against her mother.
"From her standpoint of being the defendant's
child, however, she probably had some additional credibility
because there would be no reason for her to make up any
incriminating testimony," said Tantillo.
Tantillo said the evidence was so overwhelming
that the verdict wasn't a surprise.
"It was a premeditated taking of another human
life and I believe that it deserves the maximum sentence,"
Tantillo added.
Galens is now in police custody. As bad as that
is, Galens' father said he believes things could be much worse.
"I'd say the one thing we are thankful for is
that Cindy is still above-ground. We could talk to her. And we
think she would have been dead if Kevin had had his way," Stanton
explained.
Stack's family left the courthouse after the
verdict without making a comment to the media.
Galens will be back in court for sentencing on
November 10.
The judge revoked bail for Galens after the
district attorney's request.
By Mike Maslanik - Mpnnow.com
September 23, 2010
CANANDAIGUA — The Farmington woman accused of
causing the death of her boyfriend by spiking his margarita mix
with antifreeze got to tell her side of the story this morning.
Defense attorney Matthew Mix began the day in
Ontario County Court by calling to the stand Cynthia Galens — the
52-year-old woman charged with first-degree manslaughter. She is
accused of causing the death of Thomas K. Stack, 48, last year.
The prosecution, led by Ontario County District
Attorney R. Michael Tantillo, rested yesterday after calling 11
witnesses to the stand. Prosecutors called 12 witnesses on
Tuesday.
One witness, Jeanne Beno, of the Monroe County
Medical Examiner’s Office, testified that she estimated that Mr.
Stack consumed between 6 to 12 ounces of ethelyn glycol, the toxic
substance in antifreeze, before he died.
Beno’s testimony is at odds with Galens’ claim
to police that she only poured a shot glass full of antifreeze in
the mix.
Prosecutors also called Darcy Hunt, a police
officer from Clearwater, Fla., who notified her superiors after
Galens allegedly told her she intentionally poisoned Mr. Stack.
Hunt spoke with Galens after a mutual friend heard Galens’ story
and called Hunt for help. Hunt’s superiors then notified
authorities in New York.
The jury is expected to begin deliberating by
Friday.
If convicted, Galens faces a maximum sentence
of 25 years in state prison.
Friend Testifies Galens Confessed to
Margarita Killing
By Mike Hedeen - Rochester.ynn.com
September 22, 2010
There was some damaging testimony in day two of
the manslaughter trial of Cynthia Galens. She is the 51-year-old
Farmington, Ontario County woman accused in the death of her live
in boyfriend Thomas “Kevin” Stack by putting antifreeze in his
margaritas.
Galens’ high school friend Nancy Cothern
testified that when Galens visited her in Florida this past
January, Galens confessed that she caused Stack’s death by spiking
his drinks with antifreeze in October of last year.
Cothern said that Galens told her that Stack
was coming between Galens and her daughter Emily.
Cothern said when Galens showed no sign of
remorse.
"The next day there was not any remorse what so
ever, I think there was anger,” Cothern said outside the
courtroom. “I think she was angry at me, I think she was angry
that now she knew that I was repeating it and that she wanted to
leave with her daughter."
Cothern said she called her friend Darcy Hunt,
a police officer in Clearwater, Florida and told Hunt what Galens
had said.
Hunt testified that she went to Cothern's home
and questioned Galens in an unofficial capacity. Hunt said even
though Galens knew Hunt was a police officer, Galens told her that
she put shots of antifreeze in Stack's drinks and served them to
him.
Hunt said Galens told her that Stack was
emotionally abusive and she wanted him dead.
"I was there as a friend. Nancy called me, I
arrived. I tell Cynthia she doesn't have to tell me anything,”
Hunt said following her testimony. “I was kind of aware of the
situation before I got there. I basically explained to her that
she's free to go at any time; she could fly to Jamaica if she
wanted to. She basically confessed to what she had done and at
that point, hours later when I leave, now I take the role of a
police officer because now I have substantial evidence that she
committed a murder."
If convicted, Galens faces between five and 25
years in prison.
Syracuse.com
January 23, 2010
Farmington, N.Y. — They met in a Veterans Affairs hospital -- a
former airman from Syracuse with bipolar disorder who drank too
much and a clerical assistant struggling to cope with her teenage
son’s drug-overdose death.
Cynthia Galens and
Thomas Stack soon moved in together, and their two-year
relationship seemed to mirror his roller coaster battle with
alcoholism. Galens says Stack was emotionally and physically
abusive, and she decided one night to exact revenge by lacing a
jug of margarita cocktails with antifreeze.
“If
I didn’t want him around, I would’ve put a lot more in. I just
wanted to get him sick,” state police said Galens told them in
early January, three months after Stack’s death from complications
of ethylene glycol poisoning.
“It’s a horrible
thing I did,” she added. “I miss him so much I can’t stand it. I’m
the reason he’s not here. He’s not a good person sometimes, but
nobody deserves that.”
Galens, 51, has pleaded
not guilty and is awaiting trial on a second-degree murder charge.
Her defense lawyer, Matthew Mix, did not return calls.
Galens lived in Farmington, a rural bedroom
community 25 miles southeast of Rochester, and worked for 30 years
in a variety of roles — housekeeper, mural artist, clerical aide —
at the VA Medical Center in nearby Canandaigua. She had two
children from two dissolved marriages.
Her
19-year-old son, Matthew Barber, a restaurant cook poised to enter
college, died in his sleep at his father’s home in October 2005
after taking a combination of marijuana, cocaine and prescription
drugs during a night out with his buddies, said former husband
David Barber.
Relatives say the tragedy sent
Galens into a severe emotional tailspin.
The
turmoil accelerated after she met Stack in 2007. Barber said the
friendship cost Galens her job last year when the hospital
discovered she was dating a patient.
After a
spell in the Marine Corps, the Syracuse-born Stack became a senior
airman while stationed at California’s Travis Air Force Base from
1982 to 1986. He lived on and off in a town house Galens shared
with her daughter, Emily, and was admitted to hospitals several
times for alcohol abuse.
In January 2008,
Galens said Stack threatened to kill her second ex-husband, David
Galens, and their 16-year-old daughter, then grabbed the phone
when she tried to call 911. She was granted a stay-away order that
he violated by calling her repeatedly. They got back together
after he served three months in jail.
A year
ago, Stack was arrested again on harassment charges for allegedly
shoving Galens against a microwave. She bailed him out once more,
and he ended up spending just six days in jail.
On Oct. 3, an ambulance crew removed an
unconscious Stack from the house. He died four days later at age
48.
Ethylene glycol, a toxic ingredient in
antifreeze, is sometimes ingested in suicide attempts or as a
cheap substitute for alcohol.
Based on Stack’s
history of alcoholism and depression, her “very credible” story
about finding him and the fact that she called for help, the death
was deemed an accident, possibly a suicide or “just ingestion of
antifreeze for its alcoholic content,” said state police Capt.
Scott Crosier.
Three months later, during a
trip to Clearwater, Fla., authorities say Galens told a friend
what she had done. Her friend notified police. When Galens got
home, she agreed to come in for questioning.
According to state police Investigator Mark Eifert, Galens said
she poured a shot glass of the sweet-smelling, syrupy automotive
chemical into a store-bought container of margarita mix, placed
the cocktail in the refrigerator and went to bed early on Oct. 2,
predicting he would drink it.
She said Stark
was “feeling poorly” the next morning. At noon, she left to pay a
visit to her son’s grave, a weekly ritual.
When
she returned at 4 p.m., she found him unresponsive. He was foaming
from the mouth and breathing loudly. She said she first called
David Galens, her ex-husband, and when he showed up some 20
minutes later, they agreed to call an ambulance.
Galens didn’t tell paramedics about the
antifreeze. She told investigators she was afraid for herself and
“terrified for him” but opted to do nothing because “I just
thought he was sick.”
If convicted, Galens
could get a maximum sentence of life in prison. At a recent
preliminary hearing, she sobbed continuously and rocked gently in
her seat.