MANCHESTER –– A local woman has been sentenced to one year in the New Hampshire State Prison for Women for assaulting her boyfriend’s disabled 2-year-old son.
Kayla Cubano, 25 at the time of the incident, pleaded guilty and accepted responsibility for fracturing the child’s leg.
The Hillsborough County Grand Jury indicted Cubano for first and second-degree assault in November 2020.
Court testimonies revealed the child, identified as Mateo, was in severe pain after the assault. A doctor testified that the injury was caused by significant force, akin to a car accident.
The child’s aunt brought Mateo to the hospital after being alerted by the child’s grandmother about the injury.
Besides the fractured leg, Mateo was also diagnosed with malnutrition. However, Cubano faced charges only for the assault.
Post the assault, another child was born to Cubano, who still retains custody of this child. Prosecutors, speaking about Mateo’s trauma, asked for a two to four-year prison sentence for Cubano.
Cubano’s defense attorney, Pamela Phelan, highlighted that Cubano had accepted responsibility and undergone counseling. Several of Cubano’s supporters, including the biological father of her children, were present at the courtroom.
Phelan requested Judge William Delker for a 12-month sentence at the Hillsborough County House of Corrections with six months suspended.
She argued that a state prison sentence would lead to significant difficulties for Cubano, who was overwhelmed and depressed at the time of the incident.
Mateo, now 5, was present in court with his aunt while his grandmother, Peg Gingras, now his primary caregiver, spoke about the ordeal.
Gingras expressed her disappointment with Cubano enjoying freedom while Mateo suffered.
After considering both sides, Judge Delker deemed the six-month sentence inadequate to deter future instances of abuse. He expressed concern over Cubano’s lack of immediate remorse after causing the injury.
Cubano, who showed little emotion during her sentencing, will begin her sentence at the New Hampshire State Prison for Women.