Criminal Justice

Court Affirms Kubina’s Jail Term in Child’s Death

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November 7, 2013 — The Indiana Court of Appeals has affirmed a Gary woman’s 35-year jail sentence for her part in the death of her stepson.

Kimberly Kubina and her husband Riley Choate were each charged with multiple felonies for the torture and beating death of Choate’s son, Christian.

In 2012 Kubina accepted a plea agreement in which she plead guilty to one charge of neglect of a dependent in exchange for testimony against her husband.  She was sentenced to 35 years in prison and later appealed that sentence.

Kubina claims that the trial court improperly took into account her position of trust with Christian and did not take into account her own abuse,  mental illness and remorse.

The appellate court ruled this week that Kubina’s remorse did not carry any weight due to the nature and circumstances of the offense.  Kubina will continue to serve the remainder of her 35-year sentence.

Click to see yesterday’s ruling from the Court of Appeals of Indiana:  Kimberly Kubina v. State of Indiana appellate ruling 11-6-13

 

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