You are on page 1of 6

IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND

STATE OF MARYLAND :

vs. : CRIMINAL NO.: 129584C

THIERRY NKUSU :

DEFENDANT :

STATE’S SENTENCING MEMORANDUM

Comes now the State of Maryland, by and through Ryan Wechsler and Brian

Rubinstein, Assistant State’s Attorneys for Montgomery County, Maryland, and respectfully

submits this Sentencing Memorandum for the Court’s consideration.

On February 22, 2018, pursuant to section 2-203 of the Criminal Law Article, the State

filed notice of the State’s intention to seek Life without the Possibility of Parole in the event that

the Defendant be found guilty of Murder in the First Degree. On April 9, 2018, after a two-week

jury trial, the defendant was found guilty of one count of Murder in the First Degree. The

guidelines in this case are Life Imprisonment to Life Imprisonment. The State asks that the

Court sentence the defendant to Life without the Possibility of Parole.

I. FACTS OF THE CASE

On April 27, 2016, police and emergency technicians responded to 676 Houston

Avenue in Takoma Park, Montgomery County, Maryland. Upon arrival, officers responded to

Apartment 405 and found the victim, Maria Mbunga, laying on the floor of her bedroom, the

carpet saturated with blood. Investigation at the scene revealed that the victim was stabbed in

several locations in the apartment to include the bathroom and two areas of the bedroom. At

trial, the State’s case revealed the course of events which led to Ms. Mbunga’s death.

1
On the morning of April 27, 2016, the defendant and Ms. Mbunga were together in Ms.

Mbunga’s apartment. At some point that morning, Ms. Mbunga was taking a shower when the

defendant entered the bathroom armed with a kitchen knife. The defendant stabbed Ms. Mbunga

while she was in the shower. Ms. Mbunga escaped from the bathroom and ran down the hallway

and into the bedroom. The Defendant chased after her, cornering her in the bedroom where he

continued to stab her. In a final desperate attempt at survival, Ms. Mbunga ran towards the

bedroom window where the defendant continued to stab her. She tried to break out the window

screen, possibly attempting to escape out of the fourth story window while she screamed

desperately for help. Unable to escape, Ms. Mbunga succumbed to her fatal injuries.

Investigation revealed that after discovering that Ms. Mbunga was pregnant, on

January 20, 2016, the defendant conducted a search on his cellphone for “avortment” which is

French for abortion. Additionally, detectives interviewed Epopo Shakembo, a close friend of

Ms. Mbunga. He recalled a conversation he had with the Defendant and the victim in February

2016 in which the victim stated that when the Defendant found out that she was pregnant, he

tried to talk her into having an abortion. In that same conversation, the victim revealed that she

had been pregnant the previous year and, when she began having trouble with her pregnancy,

she asked the defendant to take her to the hospital and he refused. Days later she had a

miscarriage.

Additionally, police interviewed Ntumba Kashane who referenced a conversation he

had with the Defendant over the phone in March of 2016. In that conversation, the defendant

asked Mr. Kashane about a “friend” at work. The Defendant asked Mr. Kashne if an expectant

mother told a man that she would take care of a child without the father’s help, would that

father still be “responsible.” Mr. Kashne responded that the father could be held financially

2
responsible for the child even if the mother states that she would care for the child. In response

to this answer, the Defendant responded “I will never accept that,” meaning the Defendant

would never let that situation ever happen to him. The defendant’s prior behavior suggests that

he killed Ms. Mbunga so that he would not have to be financially responsible for his child.

II. SENTENCING FACTORS

“In Maryland, the primary objectives of sentencing are punishment, deterrence, and

rehabilitation.” Jennings v. State, 339 Md. 675, 682 (1995); see also Jackson v. State, 364 Md.

192, 199 (2001); State v. Dopkowski, 325 Md. 671, 679 (1992); Johnson v. State, 274 Md. 536,

540 (1975). The State has addressed each of the three factors discussed in Jennings, applying

those factors to the facts of this. The State submits that all of the factors support the State’s

recommendation of Life without the Possibility of Parole.

1. Rehabilitation.

The defendant’s actions on April 27, 2016, and all of his actions thereafter, support the

contention that the defendant is a violent and dangerous individual who is not capable

rehabilitation. The defendant is not only responsible for the brutal murder of his fiancé, but also

for the death of his unborn child. The most likely motive for the defendant’s heinous crime is

that he did not want to be ‘burdened’ with the financial responsibility of having a child. The

defendant made a conscious decision to end the life of Ms. Mbunga and their unborn child based

on his callous financial assessment.

After stabbing Ms. Mbunga, the defendant did not call for help right away. In fact, the

evidence provided at trial suggests that the defendant spent hours trying to stage a scene inside of

the apartment which would be consistent with the story he was going to tell the police. While

the defendant spent time cleaning the murder weapon, changing his clothing, disposing of his

3
bloody clothes, trying to alter the scene and stabbing himself, all in an effort to protect himself,

his fiancée bled to death in front of him. The defendant’s callous disregard for the life of his

fiancée and unborn child demonstrate that he is incapable of rehabilitation and that he presents a

danger and threat to the community if he is ever released.

2. Deterrence. The Defendant’s sentence should set an example not only to the

defendant, but to the general public that behavior such as that exhibited by the defendant will not

be tolerated by society. Specifically, this case exemplifies violence perpetrated against domestic

partners and the defendant’s sentence reflects how our community views domestic homicides.

Further, the associated death of the defendant’s unborn child reflects a frightening trend of cases

in which pregnant women are killed by their intimate partners. “A recent report from the CDC

shows that out of 10,000 women killed nationwide, more than half died at the hands of a current

or former intimate partner. 15 percent of them were pregnant.” CBS Baltimore, Love & Murder:

The Startling Number Of Pregnant Women Killed By The Men They Love, By Mary Bubala

October 30, 2017. Attachment One.

In November, 2017 issue of Women’s Health Magazine, this epidemic was similarly

addressed in an article entitled, “Death by Pregnancy: Why are so many Moms-to-be Dying?”.

The article references a study performed by Isabelle Horon, Dr.PH and Diana Cheng, MD, the

results of which was published in the March 21, 2001 issue of the Journal of the American

Medical Association. The study revealed that “homicide was in fact the leading cause of

mortality during pregnancy and the first postpartum year, accounting for one out of five deaths.”

In the instant case, should the Court agree with the State’s recommendation and

sentence the defendant to Life without the Possibility of Parole, it will reflect that the murder of

pregnant women will not be tolerated by the State, the Court, or the community at large.

4
3. Punishment. The defendant must be punished for the murder of Ms. Mbunga and

her unborn child. The defendant murdered Ms. Mbunga in cold blood, waiting until she was in

the shower, at her most vulnerable, without any means to defend her life or the life of her

defenseless unborn child. Not only did the defendant stab his pregnant fiancé seven times, but

three of those stab wounds were directly to her abdominal area, suggesting that the defendant

was targeting the baby during the attack. Additionally, the defendant chased Ms. Mbunga

through her apartment and continued to stab her as she begged for her life. The defendant must

be punished for the pain and horror he caused Ms. Mbunga to experience leading up to her death.

III. CONCLUSION

In Maryland, “the primary objectives of sentencing are punishment, deterrence and

rehabilitation.” Jennings v. State, 339 Md. 675, 682 (1995). The Defendant brutally murdered

Maria Mbunga and caused the death of her unborn child. He covered up his crime and lied about

what led to Ms. Mbunga’s death, painting himself as the victim. The defendant has never

accepted responsibility for any of his actions and he has never showed remorse for ending Ms.

Mbunga’s life. The gruesome nature of Ms. Mbunga’s murder, the death of her unborn child,

and the defendant’s behavior following her death all justify a sentence of Life without the

Possibility of Parole.

5
WHEREFORE, for the reasons stated above, it is respectfully requested that this Honorable

Court sentence the defendant to Life without the Possibility of Parole.

Respectfully submitted,

John J. McCarthy
State’s Attorney for
Montgomery County, Maryland

By: _________________________
Ryan Wechsler
Assistant State's Attorneys for
Montgomery County, Maryland

By: _________________________
Brian Rubinstein
Assistant State's Attorneys for
Montgomery County, Maryland

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 1st day of July, 2018, a copy of the aforegoing Memorandum

in Aid of Sentencing was sent via email to Samantha Sandler, Esquire.

____________________________
Ryan Wechsler
Assistant State's Attorney
Montgomery County, Maryland

You might also like