Barbara Sheehan, who was acquitted of charges for fatally shooting her husband in 2008, has lost an appeal to have another charge revoked.
She was sentenced in 2011 to five years in prison for criminal possession of a weapon and appealed the case before the latest ruling last week. Sheehan will also be under supervision for two-and-a-half years after she is released.
Her legal team will now take the case to the next level, the New York Court of Appeals, in hopes of getting the case thrown out or the sentence reduced.
Sheehan shot her husband, Raymond, 11 times on February 18, 2008 inside their Howard Beach home after years of reported physical and verbal abuse from him. Raymond Sheehan was an NYPD sergeant.
The charge for criminal possession of a weapon was for a 9-mm. Glock pistol Sheehan used on her husband — a Class C felony. Sheehan, who was protected under Jenna’s Law for the years of abuse, but faced anywhere from three-and-a-half to 15 years in prison.
“We are obviously disappointed with the decision of the appellate division,” said Nathaniel
Marmur, one of Sheehan’s lawyers. “But we are hopeful the court of appeals will see the grave injustice [...] that was done here and will review the case and reverse the conviction.”
Marmur said his client was upset by the May 29 ruling, but that she was planning to pursue another court battle to get her freedom.
“She was devastated, but she is a resilient woman as I think the trial showed,” he said. “And she is also looking forward to her ultimate vindication.”
Marmur contended that the judge violated guidelines for evaluating the handgun possession charge on its own merits, and in fact allowed the dismissed shooting charge to bear on his sentencing.
“It’s obviously a very strange situation,” he said. “On its face, it makes no sense. The law is stuck with this weird verdict that it doesn’t know what to do with.”
District Attorney Richard Brown said considering that Sheehan was a first-time offender, her sentence was “appropriate and not excessive.”
Neither Sheehan nor her trial attorney, Niall MacGiollabhui, returned messages requesting a comment.
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