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July 6, 2009

Woman shot ex-husband in back; alleged abuse no mitigator

By DAN HEATH The Press Republican Mon Jul 06, 2009, 11:28 PM EDT

PLATTSBURGH — Brenda Rabideau was sentenced Monday to 12 years in prison for the attempted murder of her estranged husband.

Family Court and Integrated Domestic Violence Court Judge Timothy Lawliss said he was left with the impression that Ricky Rabideau was indifferent and uncaring toward his wife during most of their relationship.

"That does not in any way justify attempted murder," Lawliss said. "It perhaps justifies a divorce, but not attempted murder."

Lawliss said there was no claim by the defendant that Mr. Rabideau committed acts of physical or sexual abuse.

The only domestic violence in the case was when Mrs. Rabideau shot Mr. Rabideau in the back, he said.

There was also no evidence that Mr. Rabideau was financially controlling, Lawliss said, as Mrs. Rabideau appeared to have had a lot of financial control, especially during the last five years of the relationship.

He sentenced her to a 12-year determinate sentence in state prison with three years of post-release supervision for second-degree attempted murder, the same sentence for first-degree attempted assault, four years plus three years of post-release supervision for second-degree assault and no time for criminal use of a firearm. The sentences are to run concurrently.

Lawliss also issued a 15-year order of protection that requires Mrs. Rabideau to stay at least 1,000 feet from Mr. Rabideau and his residence. She is also required to make no attempts to communicate with or harass him.

The two sides settled on restitution of $3,166 to be paid by Mrs. Rabideau to the Crime Victims Board. She also must pay a $250 mandatory surcharge, $20 victim's fee and $50 for DNA registry.

Mrs. Rabideau was then remanded to custody of the Clinton County Sheriff's Department until she is sent to prison.

SHOT IN BACK
A jury found the 51-year-old Ellenburg Depot woman guilty of those charges on May 13. She faced a sentence of five to 25 years for the attempted-murder charge.

Mr. Rabideau went home the morning of April 29, 2008, and found his estranged wife at the residence they shared before she moved out in the midst of a separation that led to divorce. She left the property but soon returned and chased Mr. Rabideau through the house with a hunting rifle.

Mr. Rabideau was shot once in the back but was able to escape on the running board of an oil truck that was there to make a delivery.

REMEMBER VICTIM
Clinton County Assistant District Attorney Timothy Blatchley said that while sympathy for Mrs. Rabideau was likely to be part of the sentence, he wanted Lawliss to remember that Mr. Rabideau was the victim in the case.

He urged the judge to consider what Mrs. Rabideau did. She was the one who filed for divorce, he said, and she was the one who moved out of the house four months earlier.

Mrs. Rabideau was trespassing the day of the shooting, yet was given the opportunity to leave, Blatchley said. Mrs. Rabideau was the one who stole a hunting rifle, then taunted Mr. Rabideau as she chased him through the house and fired the bolt-action rifle at least six times, including at least four shots at Mr. Rabideau.

"The only thing that saved Ricky's life was her poor shooting skills," Blatchley said.

He asked for a 15-year determinate sentence with five years of post-release supervision and an order of protection.

REMORSEFUL
Mrs. Rabideau declined an opportunity to address the court. Defense attorney Stephen Johnston said his client is remorseful and ashamed by her actions and would like to take it back.

"The notion that she is attempting to blame anybody and everybody for her behavior is not true," he said.

Johnston said Mrs. Rabideau doesn't recall her actions that day and never has. He said that's one of the reasons she wasn't called to testify.

The events were fueled by their impending divorce, Mr. Rabideau's alleged developing romantic relationship and her battle with cancer, Johnston said.

He urged Lawliss to take into account the numerous letters that Mrs. Rabideau's supporters sent in describing her as a loving and caring person who did the lion's share of the work in raising her children.

"I'm asking you to give credence to those 50 years she spent living a good, productive life in our community," Johnston said.

BLAMES FAMILY
Mr. Rabideau addressed the court before the sentence was delivered. He said the couple's relationship was more like that between a pair of roommates.

He blamed gossip and rumors spread by some of Mrs. Rabideau's relatives for her actions.

"I believe, myself, they pushed her over the edge. I don't believe I should be blamed for it."

He said he wished Mrs. Rabideau would find happiness in her own skin and that he's not the bad person that was portrayed during the trial.

"I just hope her family would live their own lives and leave other people alone. I hope they get on with their lives and realize what they've done."

After the sentencing, Brenda's sister, Shirley Taylor, said Mr. Rabideau never cared for Mrs. Rabideau or her children, despite his claims to the contrary.

"She was mentally abused. He had nothing to do with any of them."

After the sentence was delivered, Johnston notified the court of Mrs. Rabideau's intention to appeal.

E-mail Dan Heath at: dheath@pressrepublican.com