NY:Mexican Immigrant Admits Stabbing Woman to Death
Mexican immigrant admits stabbing Poughkeepsie woman to death
Associated Press - January 29, 2009 3:15 AM ET
POUGHKEEPSIE, N.Y. (AP) - A Mexican immigrant admits he stabbed a Poughkeepsie woman to death in July 2007.
In Dutchess County Court Wednesday, Juan Santiago Toledo pleaded guilty to first-degree manslaughter. With the help of a Spanish language interpreter, the 33-year-old admitted he repeatedly stabbed 45-year-old Terry Wendover with a knife. The crime occurred in a pharmacy parking lot on the night of July 29, 2007.
Under a plea agreement, Toledo will be sentenced to 20 years in prison when he returns to court in March.
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Plea deal taken in '07 fatal city stabbing
Plea deal taken in '07 fatal city stabbing
Immigrant will get 20 years in prison
By Larry Hertz • Poughkeepsie Journal • January 29, 2009
A 33-year-old Mexican immigrant who stabbed a City of Poughkeepsie woman to death in July 2007 faces a 20-year prison term for the crime.
In proceedings Wednesday in Dutchess County Court, Juan Santiago Toledo admitted he repeatedly stabbed 45-year-old Terry Wendover with a knife on the night of July 29, 2007. The crime occurred in a pharmacy parking lot off Main Street.
Speaking with the help of a Spanish language interpreter, Santiago Toledo answered, "Yes," when asked by Judge Gerald V. Hayes if he realized that by stabbing Wendover, he could injure her.
"Did you realize you could seriously injure her, or that she could die?" the judge asked.
"Yes," Santiago Toledo replied, through the interpreter.
Santiago Toledo was indicted last year on a single count of second-degree murder. But under an agreement with the district attorney's office, he was permitted to enter a guilty plea to first-degree manslaughter, a felony carrying a maximum prison sentence of 25 years. Hayes told Santiago Toledo he intended to sentence him to 20 years in prison when he returns to court March 11.
Santiago Toledo was arrested Nov. 3, 2007 after he told police he stabbed Wendover repeatedly during an argument. Following a hearing before Hayes last July, he was found mentally incompetent to stand trial and was sent to Mid-Hudson Psychiatric Center in Goshen. He was returned to the county jail last fall after a psychiatrist determined he was fit to stand trial.
Following Wednesday's proceeding, Senior Assistant District Attorney Frank Chase said he weighed several factors before deciding to offer the plea deal.
Chase said that because of Santiago Toledo's mental condition, and because of the language barrier with police, it was uncertain whether he had knowingly waived his right to challenge a search of his home. During the search, Chase said, police found blood on Santiago Toledo's clothing that contained DNA from Wendover. If the search had been found by a judge to have been improper before a trial began, the prosecutor said, he would have lost important evidence linking Santiago Toledo to the crime.
Chase also noted that because Santiago Toledo is an illegal immigrant, he would probably have been deported to Mexico after serving 20 to 25 years of a life sentence on a murder conviction.
The prosecutor said he also wished to spare Wendover's family the ordeal of a trial.
"They were ready to have this resolved," Chase said, referring to Wendover's family members.
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