In a crime that was deemed “vicious and horrific,” Kira Kastenhuber pled guilty to second-degree murder in the death of Perry resident, 33-year-old Desirae Withey.
This plea was part of a plea bargain where the defendant will be sentenced to an indeterminate sentence with a minimum of 15 years and a maximum of life in state prison.
The charge stems from an incident that occurred Feb. 6 at 84 Borden Ave., Perry. During the early morning hours on Saturday the 6th, Kastenhuber entered Withey’s home as part of a preconceived plan to strangle and kill her.
At approximately 9:30 that morning, a 9-1-1 call was made by a neighbor after one of the victim’s children had asked for help, the Wyoming County District Attorney’s Office reported. Shortly thereafter, members of the Perry Police Department arrived at the Borden Avenue residence. After surveying the scene, calls were made to the New York State Police, Wyoming County Child Protective Services, and the Wyoming County District Attorney’s Office for assistance.
On Feb. 7, during the late morning hours, the Rochester Police Department responded to a 9-1-1 call for a potential overdose of the defendant. She was taken to Strong Memorial Hospital and was released at approximately 5 p.m. Feb. 8, at which time she was taken into custody and put in Wyoming County Jail.
The defendant appeared in Wyoming County Court Thursday (Oct. 6) afternoon obviously distraught, as family members of the victim sat silently to witness the proceeding.
On March 17, Kastenhuber pled not guilty in court to two counts of murder in the second degree, burglary in the first degree, and acting in a manner injurious to a child less than 17 years old.
“Plea discussions were going on for some time,” said Wyoming County First Assistant District Attorney Vincent Hemming. “The defendant accepted our plea bargain of the top indictment of murder in the second degree. The indictment normally carries a sentence of 25 years to life with a minimum of 15 years to life in prison. Our plea offer was a sentence of 15 years to life in prison. Additionally, an order of protection was placed against her, restitution was ordered and she waived her right to appeal.”
Officials said the evidence of guilt was tremendous, and included statements she made to police. Substantial forensic evidence corroborated those statements, in particular, the defendant's DNA underneath the victim’s fingernails.
“The fingernails were cut off the victim after the murder,” Hemming said. “The nails were cut in order to hide evidence that would link the defendant to the crime.”
The fingernails, which were taken from the crime scene, were found on the body at the Medical Examiner's Office in Rochester.
“The evidence of guilt was overwhelming. The evidence of premeditation was also overwhelming. In addition to everything else, we found a planning note on how she was going to actually kill her.”
She had written a note of what she had to do: get gloves, pull her hair back...She had written a whole note planning out the murder, officials said. That evidence was subsequently sent to Quanico, Va., – headquarters for the FBI – to determine if the handwriting was in fact Kastenhuber's.
“They had indicated that that (the note) was a match for the defendant’s handwriting and I think that factored into the defendant’s decision to pled guilty,” Hemming said.
“The case has been, and continues to be, handled by the Assistant (Public Defender) Leah R. Nowotarski,” said Wyoming County Public Defender Norman Effman. “She had a lot of contact with the client and spent hours and hours with her and hours reviewing the evidence and the potential defense of extreme emotional disturbance.
"But after awhile it became obvious to us, as Mr. Hemming mentioned, the evidence was overwhelming. We felt that there would be a significant chance of her being convicted of what she pled to. It was our concern that if she went to trial and was convicted she would receive the maximum sentence.”
It then became an issue of what it means to an individual to serve 15 years or 25 years to life. The lower number gets you to the parole board sooner.
“Statistics say it’s highly unusual that a person would be released at their first appearance," Effman said. "They may be released eventually, but the earlier you meet with the parole board – and who knows what the parole board will be like in 15 years – the better your chances are to being released to supervision.
"And there will be supervision for the rest of her life. It’s an opportunity (for Kastenhuber) to at least have some glimmer of hope of freedom, even if that freedom is limited because of supervision. That became important. She is still a young woman, therefore, when she meets the parole board, she still has a life ahead of her and the opportunity to go back to the community.”
“She was going to bring gloves and pull her hair back, but after she killed her... And after she had done those horrendous acts, she took the time to cut the fingernails off the body,” Hemming said. “She knew enough that there was evidence there – to cut off her fingernails. To have the calmness to sit there and go ‘oh I have to cut the nails off the body’... Our recommendation is that she is never released. It was a brutal act. They were horrendous injuries.”
“This is the kind of act that is certainly horrendous, but you know it’s not the kind of act a person is likely to commit in the future,” Effman said. “The chemistry, events, emotions that occur that create a volatile moment in ones lifetime will unlikely ever occur again. So it’s not a question of protecting the community, it’s a question of punishment. And she will be significantly punished.
“She is obviously remorseful. You can see in the courtroom that she was crying. She wasn’t crying for just herself, she’s crying for her family, the victim's family. She’s crying for what she did and she has to accept that responsibility and that is the first step in rehabilitation. That’s the first step in convincing a parole board that she is safe to release back to the community.
“It’s going to be a difficult time at sentencing. I'm sure it will be an emotional time. The case isn’t over quite yet. It will never be over for her or the families. But, there won’t be a trial where you have to sit and listen to the horrific details...We avoided that, and that’s a good thing.”
“It was a devastating loss for our community. A death on our community of a young woman with two children,” Hemming said. “I don’t know how these children are going to be able to live with this, but I think they are strong children and they will make it through this. I wish them well.”
Currently, Kastenhuber remains held without bail in the Wyoming County Jail. She is scheduled for sentencing at 9:30 a.m. Dec. 1, at which time the family will have an opportunity to address the court.
See related: Kastenhuber pled not guilty to murder