Sunbury area woman's sentencing appeal denied in murder-for-hire-case

SUNBURY - Northumberland County President Judge Robert B. Sacavage denied a motion Tuesday afternoon to modify the sentence or withdraw the guilty plea of a Sunbury area woman ordered to serve two to 17 1/2 years in prison for soliciting her estranged husband and an undercover state policeman to kill her boyfriend in April 2008.

Christeen Smith, who was sentenced by Sacavage on Jan. 22, presented several reasons to the court for the judge to reduce her sentence or allow her to withdraw her guilty plea to a felony offense of aggravated assault, but the judge denied the request primarily for lack of merit.

The 30-year-old Smith read a letter to the court apologizing for her actions and pleading for a lesser sentence so she could care for her children. She also claimed the sentence was harsh and described herself as not being an extremely violent person.

But the judge held firm in maintaining the sentence.

Sacavage said, "It's good that you are showing remorse for your actions, admitting your shortcomings and wanting to get on with your life, but we don't have two sets of laws for defendants with children and defendants without children. I deny your motion."

The defendant, who has been incarcerated in Northumberland County Prison in Sunbury in lieu of $100,000 cash bail since her arrest almost two years ago, alleged that her sentence is illegal based on her prior criminal offense record of zero and that she will not be eligible for parole on April 25 as agreed upon.

Smith also claimed she was under duress at the time of sentencing and did not knowingly, intelligently or voluntarily enter her plea.

The defendant claimed she did not commit aggravated assault according to Black's Law Dictionary, and contended her plea agreement to two to four years with a "five-year tail" was breached.

She also told the judge she did not have enough time to discuss the revised plea agreement, that she was supposed to enter a no-contest plea, and that she was unable to use mitigating circumstances in the case.

Sacavage said he explained in great deal the plea agreement to Smith prior to sentencing and that the defendant told him she clearly understood all the ramifications of pleading guilty to aggravated assault.

He pointed out the sentence was well within the standard range for a felony offense of aggravated assault.

The maximum penalty for aggravated assault is 20 years imprisonment and $25,000 fine.

Smith's attorney, county Public Defender Michael Suders, filed a petition on Feb. 5 to request the post-sentence motion hearing before Sacavage.

Suders reserved comment about the judge's ruling Tuesday.

After the hearing, Northumberland County Assistant District Attorney John Muncer stated, "I think the ruling was appropriate. A lengthy colloquy was read to her at the sentencing. She was caught in the act discussing with an undercover state trooper posing as a hitman the killing of another human being who was father of her child."

Smith also was fined $1,000 and ordered to have no contact with the intended victim, Donald "Sonny" Ellis, who was Smith's boyfriend at the time of the offenses.

Charges of criminal solicitation of homicide and terroristic threats were withdrawn under the plea agreement.

Smith was charged by Trooper Kevin Kearney with soliciting her estranged husband, Jeremy Smith, and Cpl. Ronald Clark to kill Ellis. She was arrested on April 24, 2008, shortly after meeting with Clark in the parking lot at Glosser's Motor Inn along Route 487 in Paxinos.

Police said Smith intended to pay a hit man $1,000 cash for Ellis' murder, as well as hand over two BMWs owned by Ellis, a 52-inch flat-screen television and "anything else he might want."

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