GUILTY NJ - Carolyn Byington, 26, killed inside her home, Plainsboro, 10 June 2019 *Arrest* #2

[Seattle1]

Holy smokes—is it just me or is that a really light sentence for brutal murder?! He’d be out in time to celebrate his 60th birthday, while Carolyn was denied the chance to even make it to her 27th.

I’m honestly aghast at this deal. I hate to even suggest it, but do you think it’s possible KS’s defense team has presented any “mitigating factors” that might have influenced the proposed duration of the prison term (i.e., they used to be romantically involved and she just broke up with him and he killed her in a fit of passion)? Or is 30 years/no parole about right for premeditated murder?

A Penalty of 30 years meets NJ statute, and without parole would mean he must serve all 30 years pursuant to "No Early Release Act" (NERA).

Penalties for Homicide in New Jersey
Murder is a crime of the first degree – the most serious under our Criminal Code. Normally, a crime of the first degree is punishable by a period of between 10 to 20 years in NJ State Prison. However, a person convicted of the crime of Murder is subject to a sentence of 30 years to life, with a minimum of 30 years that must be served before the person is eligible for parole. There are a host of circumstances that will subject a person to a sentence of life without parole, including:

1. If the victim was a law enforcement officer and was murdered while performing his or her official duties or was murdered because of his or her status as a law enforcement officer.
2. If the victim was less than 14 years old and the act was committed in the course of the commission, whether alone or with one or more persons, of an act of Sexual Assault or Criminal Sexual Contact.

Moreover, there are certain circumstances that mandate serving the sentence in a maximum security prison.

No Early Release Act (“NERA”) N.J.S.A. 2C:43-7.2
Under the New Jersey No Early Release Act (“NERA”), codified in N.J.S.A. 2C:43-7.2, the court must impose a minimum period of parole ineligibility of 85% of the sentence imposed. In the past, this designation was reserved for violent crimes, but now the statute enumerates the crimes which are subject to this Act, Homicide is specifically referenced in the statute. More recently, the NERA has been applied to vehicular homicide cases where the operator was found to be driving recklessly causing a death.

Morris County Homicide Lawyer | Murder Defense Attorneys Morristown NJ

 

[borndem]

alwaysintrigued said: ↑
Only news I have seen so far on today's hearing:

Accused lunch break killer was stalking his victim before brutal stabbing, prosecutor says

Well, well, well -- Now what we know about this awfulness makes more sense --

• She went home for lunch often
• He had a "crush" on Carolyn
• He had previously been in the complex

WTH did he think was going to happen between them that day? Some hot love affair, even though he was a husband and a father? Did he stupidly and mistakenly sense some kind of come-on from her when she said "Good morning" to him? Was that "Good morning" she said to him really that different from the same greeting she gave to her other co-workers? What a conceited off-base idiot he must be. SMH.
Methinks he's in a pretty deep swamp.

Thanks for the article, @alwaysintrigued!

 

[ToastedOats]

And his poor wife..along with their young baby...OMG!

 

[borndem]

Thirty years, no parole -- a gift.

He should run, not walk, to the prosecutor's office and get on his knees and thank him/her for the deal; he should kiss his attorney for dealing it down for him.
He's a foolish fool if he doesn't take that deal. SMH.

 

[Seattle1]

Thirty years, no parole -- a gift.

He should run, not walk, to the prosecutor's office and get on his knees and thank him/her for the deal; he should kiss his attorney for dealing it down for him.
He's a foolish fool if he doesn't take that deal. SMH.

I agree -- especially because I think the jury would like to see him with life sentence and no parole.

I believe he was lying in wait --an aggravating factor for life.

 

[scdiv]

He killed her. A 30 year sentence is absolutely ridiculous. It should be life without parole. I wonder what her family's wishes are. I guess if THEY decided they would prefer to not face the ordeal of a trial and were on board with a plea agreement, that's deeply personal and I can understand respecting their wishes. But if not - go after the guy for life. And take away hope of parole too. Yea, it's sad he has a family and all that, but they can go visit him. Carolyn's family will never get that chance.

 

[Blondie in Spokane]

I know it was mentioned previously, but with the info from the new article re his stalking of Carolyn, I wonder if she had ever had reason to file a harassment complaint against this perv at work. Uggh he is so creepy and disgusting.

 

[MissyMom]

A Penalty of 30 years meets NJ statute, and without parole would mean he must serve all 30 years pursuant to "No Early Release Act" (NERA).

Penalties for Homicide in New Jersey
Murder is a crime of the first degree – the most serious under our Criminal Code. Normally, a crime of the first degree is punishable by a period of between 10 to 20 years in NJ State Prison. However, a person convicted of the crime of Murder is subject to a sentence of 30 years to life, with a minimum of 30 years that must be served before the person is eligible for parole. There are a host of circumstances that will subject a person to a sentence of life without parole, including:

1. If the victim was a law enforcement officer and was murdered while performing his or her official duties or was murdered because of his or her status as a law enforcement officer.
2. If the victim was less than 14 years old and the act was committed in the course of the commission, whether alone or with one or more persons, of an act of Sexual Assault or Criminal Sexual Contact.

Moreover, there are certain circumstances that mandate serving the sentence in a maximum security prison.

No Early Release Act (“NERA”) N.J.S.A. 2C:43-7.2
Under the New Jersey No Early Release Act (“NERA”), codified in N.J.S.A. 2C:43-7.2, the court must impose a minimum period of parole ineligibility of 85% of the sentence imposed. In the past, this designation was reserved for violent crimes, but now the statute enumerates the crimes which are subject to this Act, Homicide is specifically referenced in the statute. More recently, the NERA has been applied to vehicular homicide cases where the operator was found to be driving recklessly causing a death.

Morris County Homicide Lawyer | Murder Defense Attorneys Morristown NJ

30 years is not enough. As I mentioned in a previous post, many years ago I was held up at gun point in NJ. The person who held me up shot someone and paralyzed that person two weeks before holding me up. He received 25 years in prison. The state of NJ had what was called the “Graves Act” which meant he got the maximum sentence for committing a crime twice with a gun. It doesn’t make sense to me how someone who brutally murdered a women would only receive five more years than the person who held me up.

 

[ilovechili]

To everyone above, I so agree.

30 years and the sentences these days truly bother me. So many murders seem to not even qualify for life in prison.

On the other hand, the system the other way around--the delays and the stress on family--it is almost hard to fully grieve or have closure (of which really is a false concept imo) until justice prevails--30 years if it TRULY means no release...

By the time he would get out, what is he in his 30s, he will likely reoffend but perhaps he will stalk another creep he met in prison who is out... Not a nice statement but just saying...

Jmo.

 

[MissyMom]

Not sure if this was posted yet. Prosecutors: Man charged in co-worker's slaying stalked her

 

[ilovechili]

Not sure if this was posted yet. Prosecutors: Man charged in co-worker's slaying stalked her

His location records on his phone show him outside her apartment in the days leading up to her murder.

I guess it could still be work related if she caused him some issue or reported him for something but it sure is seeming more like obsession with her which 9 times (or more) out of then is the reason for stalking.

I wonder when he went there (when she was at work or home, etc.?) and how he got in if he was indeed inside.

So many creeps in this world.

Killing such a bright young soul with a future ahead of her.

I hope his wife is not in denial and is filing for divorce and covering herself financially, etc. for she and their child's sake.

Jmo.

 

[GraceRose]

I am absolutely disgusted at the thought that this depraved worthless human-being may only face 30 years in prison for the brutal murder of such a promising young girl who may have done nothing more than reject the advances of this married father. Putting a 30 year sentence in perspective, I am in my early 60's and have so much more in life to look forward to... this murderer deserves to look forward to NOTHING but the worst possible prison conditions for life.

 

[cherrymeg]

He killed her. A 30 year sentence is absolutely ridiculous. It should be life without parole. I wonder what her family's wishes are. I guess if THEY decided they would prefer to not face the ordeal of a trial and were on board with a plea agreement, that's deeply personal and I can understand respecting their wishes. But if not - go after the guy for life. And take away hope of parole too. Yea, it's sad he has a family and all that, but they can go visit him. Carolyn's family will never get that chance.

I understand why they are offering it to him. All he needs is one member of the Jury think they were in a relationship and that it wasn't planned or the end of a period of stalking. Victims can end up being trashed by the defense. It could go worse for him and his family.

 

[lexinyc2013]

I understand why they are offering it to him. All he needs is one member of the Jury think they were in a relationship and that it wasn't planned or the end of a period of stalking. Victims can end up being trashed by the defense. It could go worse for him and his family.

Thank you. You make a VERY good point. I'm catching up after not being on a week here and growing so angry this creep can only get 30 years -- he will be out when he is 67!! He needs to be locked away for the rest of his life, I feel. But you make a very good point-- I know too well how lawyers can completely trash a victim of a crime. It might make it easier on her family. Sleazy defense attorneys can turn thing around and you are right-- it just takes one juror to believe a lie.

So this sounds like an obsession probably fueled even further by the stress at home with a new child, probably less attention from his wife as usually happens, and a jealous, sick deranged mind taking all his anger out.

It is all just so incredibly sad all around. I'm sad for his wife and baby daughter. Like someone said, I hope she is out of denial (assume she was in denial for a while, I sure would be) and with a good divorce attorney protecting her and her child and I hope she can rebuild a great life for the 2 of them. I will keep Carolyn's family in my prayers.

 

[DAB]

I am absolutely disgusted at the thought that this depraved worthless human-being may only face 30 years in prison for the brutal murder of such a promising young girl who may have done nothing more than reject the advances of this married father. Putting a 30 year sentence in perspective, I am in my early 60's and have so much more in life to look forward to... this murderer deserves to look forward to NOTHING but the worst possible prison conditions for life.

In the article Missy Mom posted above it says he is facing life in prison. Also to clarify, he is 30 years old.

 

[Seattle1]

In the article Missy Mom posted above it says he is facing life in prison. Also to clarify, he is 30 years old.

The 30 year plea offer comes from the NJ statute: 1st degree murder is punishable by 30 years to life.

If he goes with a jury trial, and all the aggravating factors presented in court -- he'll probably get a life sentence.

MOO

 

[DAB]

Not sure if this was posted yet. Prosecutors: Man charged in co-worker's slaying stalked her

I wonder if Carolyn knew she was being stalked by KS & whether she had reported it to anyone or felt concerned to be in his presence?

 

[cherrymeg]

I was talking to someone yesterday about this case. I locked myself out of my apt. For some reason maintenance couldn't find the master key. If you are inside there are 3 locks outside the door there is one you use a key for. The maintenance guy was able to use a paint scraper, the way you might use a credit card to jimmy a lock, to get the door to open. You assume locking a door when you leave the house means people can't get in but it might not be that hard.

 

[zecats]

I was talking to someone yesterday about this case. I locked myself out of my apt. For some reason maintenance couldn't find the master key. If you are inside there are 3 locks outside the door there is one you use a key for. The maintenance guy was able to use a paint scraper, the way you might use a credit card to jimmy a lock, to get the door to open. You assume locking a door when you leave the house means people can't get in but it might not be that hard.

It's possible she didn't lock the door behind her. She was home for lunch, I assume, and not for an extended period of time (again, I assume). He may have simply tried the door and walked right in. JMO

 

[cherrymeg]

It's possible she didn't lock the door behind her. She was home for lunch, I assume, and not for an extended period of time (again, I assume). He may have simply tried the door and walked right in. JMO

It was something that made me think of her. There are several ways he could have gained entrance. Is there a thread section on this site dedicated to victims of stalking? I think it happens more often than people realize and some victims of it might not even know that they are being stalked until something awful happens.