Cynthia Galens

Case identification

Cynthia Galens was convicted in Ontario County Court of first-degree manslaughter for the death of Thomas Stack, better known as Kevin.

Status and sentence

On November 10, 2010, Cynthia Galens was sentenced to 23 years in prison. She showed no emotion when Ontario County Court Judge William Kocher handed down the sentence.

Judge Kocher stated that a plea deal had been offered that would have resulted in an 18 year prison sentence, but Galens and her attorney, Matthew Mix, insisted on taking the case to trial.

Background

Cynthia Galens lived in Farmington, Ontario County. Thomas “Kevin” Stack was 48. He was a veteran of the United States Air Force and was described as a radiation expert by his mother during sentencing.

Galens and Stack lived together and had a two-year relationship described as mirroring his battle with alcoholism and her efforts to cope with her family circumstances. Galens said Stack was physically and verbally abusing her, and she alleged she acted because of that abuse.

The offence

The case concerned the death of Thomas “Kevin” Stack after Galens spiked Stack’s margarita mix with antifreeze. Galens testified she poisoned Stack’s drink last October to make him sick, and that he later died.

Investigation

A witness from the Monroe County Medical Examiner’s Office, Jeanne Beno, testified that she estimated that Mr. Stack consumed between 6 to 12 ounces of ethelyn glycol, the toxic substance in antifreeze, before he died.

Darcy Hunt, a police officer from Clearwater, Florida, notified her superiors after Galens allegedly told her she intentionally poisoned Mr. Stack. Hunt spoke with Galens after a mutual friend heard Galens’ story and called Hunt for help. Hunt’s superiors then notified authorities in New York.

State police said Galens told them in early January that she exacted revenge by lacing a jug of margarita cocktails with antifreeze and that she said: “If I didn’t want him around, I would’ve put a lot more in. I just wanted to get him sick.”

Galens also told investigators: “It’s a horrible thing I did,” and “I miss him so much I can’t stand it. I’m the reason he’s not here. He’s not a good person sometimes, but nobody deserves that.”

Investigator Mark Eifert testified regarding Galens’ account that she poured a shot glass of the sweet-smelling, syrupy automotive chemical into a store-bought container of margarita mix, placed the cocktail in the refrigerator, and went to bed early on Oct. 2, predicting he would drink it. She said Stark was “feeling poorly” the next morning. At noon, she left to pay a visit to her son’s grave, a weekly ritual. When she returned at 4 p.m., she found him unresponsive. She said he was foaming from the mouth and breathing loudly. She said she first called David Galens, her ex-husband, and when he showed up some 20 minutes later, they agreed to call an ambulance. She did not tell paramedics about the antifreeze. She told investigators she was afraid for herself and “terrified for him” but opted to do nothing because “I just thought he was sick.”

Arrest

The record described that Galens was in police custody following the guilty verdict.

Trial

Charge and verdict

Cynthia Galens was charged with first-degree manslaughter and was found guilty by a jury of first-degree manslaughter.

A verdict was reached after the jury deliberated for 90 minutes.

Witness testimony

Nancy Cothern, a high school friend, testified that when Galens visited her in Florida this past January, Galens confessed that she caused Stack’s death by spiking his drinks with antifreeze in October of last year. Cothern testified that Galens told her that Stack was coming between Galens and her daughter Emily, and that Galens showed no sign of remorse. Cothern said outside the courtroom: “The next day there was not any remorse what so ever, I think there was anger,” and “I think she was angry at me, I think she was angry that now she knew that I was repeating it and that she wanted to leave with her daughter.”

Cothern said she called her friend Darcy Hunt, a police officer in Clearwater, Florida, and told Hunt what Galens had said.

Darcy Hunt testified that she arrived after Nancy called her, and she said: “I was there as a friend. Nancy called me, I arrived. I tell Cynthia she doesn't have to tell me anything.” Hunt testified: “I was kind of aware of the situation before I got there. I basically explained to her that she's free to go at any time; she could fly to Jamaica if she wanted to. She basically confessed to what she had done and at that point, hours later when I leave, now I take the role of a police officer because now I have substantial evidence that she committed a murder.”

Hunt testified that Galens told her that Stack was emotionally abusive and she wanted him dead.

Galens testified and stated that she had left Stack in his chair to go get her daughter in Rushville on October 3, 2009. Upon returning home, she found him in the same chair, unresponsive and drooling. Galens testified that she called her friend and asked him to come over, told him what she had done, and that Stack was inside and unresponsive. She testified her friend told her to call 911.

Galens testified that she did not call 911 at first and instead called her ex-husband David Galens, who also showed up and told her to call police. Around 4:30 p.m. that day, Galens finally called 911. She testified that she does not know why she did not place the call sooner.

Under cross-examination by Ontario County District Attorney Mike Tantillo, Galens said she waited so long to call 911 and did not tell the operator what she had done as a means to protect herself. Galens also told Tantillo that she asked her daughter to help dispose of Stack’s body, even though he was still breathing at the time.

Emily Galens testified during the trial against her mother. Emily testified that her mother asked for assistance in disposing of Stack's body.

Prosecution statements

Ontario County District Attorney Mike Tantillo said: “The fact that this was not a spur of the moment act but was premeditated, the fact that she had multiple opportunities to change course and do something to change his life and the fact that she lied to the doctors which ensured his death, I think all of those things militated toward a sentence approaching the maximum.”

Tantillo also said: “You can't ignore the fact that this caused a great deal of pain to the victim's family members to have to listen to this excruciating testimony,” and he said: “I also think it's outrageous that a case that had as strong as evidence as did this case that the defendant required her own daughter to be compelled to testify against her. That's not going to serve her well down the road.”

After the verdict, Tantillo said: “It was a premeditated taking of another human life and I believe that it deserves the maximum sentence.”

Defence position and custody

The defence counsel was Matthew Mix. Galens insisted on taking the case to trial rather than accepting a plea deal.

After the verdict, the record described that Galens was in police custody.

Sentencing

Prosecutor’s remarks

District Attorney Mike Tantillo argued for a sentence approaching the maximum and referenced that the conduct was premeditated, that there were multiple opportunities to change course, and that Galens lied to doctors, which ensured Stack’s death.

Judge’s remarks and plea deal

Before sentencing, Judge William Kocher said the defendant had been offered a plea deal that would have resulted in an 18 year prison sentence. Galens and her attorney Matthew Mix insisted on taking the case to trial.

Family statements

Stack’s mother, Sandra Stack, said she was satisfied with the 23 year sentence, adding that Kevin finally has justice. Sandra Stack said: “You don't know the tension we've gone through for the past year and so many months,” and “It's been a horrific experience never will we ever have to go through or most people will have to endure.”

Sandra Stack said at sentencing her son was an intelligent person, a veteran of the United States Air Force and a radiation expert, and she said: “But she said alcohol consumed his life.” She also said she could not imagine what Kevin’s last few months were like living with someone she said did not even like him.

Cynthia Galens’ father, Brad Stanton, said: “I know she is and well her whole family knows that she really and truly is a good person.” Stanton also said: “I know that Emily was horribly abused,” and “Cindy lost her only son Matthew at age 19. This man threatened to kill Emily.”

After the verdict, Stanton said: “I'd say the one thing we are thankful for is that Cindy is still above-ground. We could talk to her. And we think she would have been dead if Kevin had had his way,” and he explained: “And we think she would have been dead if Kevin had had his way.”

Emily Galens left the courthouse in tears after her mother was found guilty of spiking Stack's margarita mix with antifreeze.

Bail

The judge revoked bail for Galens after the district attorney’s request.

Other details

Relationship and allegations of abuse

The record stated that Galens said Stack was physically and verbally abusing her. It also stated that Brad Stanton said “Emily was horribly abused” and that “This man threatened to kill Emily.” Galens’ narrative included that Stack was emotionally abusive.

Prior child and family history described in the record

The record described that Galens had two children from two dissolved marriages. It stated that her 19-year-old son, Matthew Barber, a restaurant cook poised to enter college, died in his sleep at his father’s home in October 2005 after taking a combination of marijuana, cocaine and prescription drugs.

It also stated that Galens’ son died after taking a combination of marijuana, cocaine and prescription drugs during a night out with his buddies, as described by former husband David Barber.

Employment and living arrangements described in the record

The record stated that Galens worked for 30 years in a variety of roles—housekeeper, mural artist, and clerical aide—at the VA Medical Center in nearby Canandaigua.

Relationship history with Stack and legal contacts described in the record

The record described that Stack became a senior airman while stationed at California’s Travis Air Force Base from 1982 to 1986. It described that Stack lived on and off in a town house Galens shared with her daughter Emily.

The record stated that Stack was admitted to hospitals several times for alcohol abuse. It also stated that in January 2008, Galens said Stack threatened to kill her second ex-husband, David Galens, and their 16-year-old daughter, then grabbed the phone when she tried to call 911. It stated that she was granted a stay-away order that he violated by calling her repeatedly. It stated that they got back together after he served three months in jail.

The record also stated that a year prior to the offence, Stack was arrested again on harassment charges for allegedly shoving Galens against a microwave. It stated she bailed him out once more and that he ended up spending just six days in jail.

Timeline of discovery described in trial testimony and investigation narrative

The record described that Galens left Stack in his chair on October 3, 2009 to go get her daughter in Rushville. It stated that when she returned home she found him unresponsive and drooling. It then described that she called her friend and asked him to come over, and that her friend told her to call 911. It described that Galens called her ex-husband David Galens, who told her to call police, and that around 4:30 p.m. she finally called 911.

The record also described, in the state police narrative, that Galens returned at 4 p.m. and found him unresponsive, foaming from the mouth and breathing loudly. It stated that she first called David Galens, and that when he showed up they agreed to call an ambulance.

Medical details and death described in the record

The record stated that Stack died four days after an ambulance crew removed an unconscious Stack from the house, and it stated that he died at age 48. It also described that State police Capt. Scott Crosier said the death was deemed an accident based on Stack’s history of alcoholism and depression, and it said the possibility of suicide or “just ingestion of antifreeze for its alcoholic content.”

Quotations regarding remorse and intent

The record included Galens’ account: “If I didn’t want him around, I would’ve put a lot more in. I just wanted to get him sick,” and “It’s a horrible thing I did,” and “I miss him so much I can’t stand it. I’m the reason he’s not here.

It also included Galens’ testimony that she had no intent for Stack to die and said that she “wanted a life with him.” It included her claim that she waited to call 911 and did not tell the operator what she had done as a means to protect herself.

Maximum exposure mentioned in the record

The record stated that if convicted, Galens faced between five and 25 years in prison, and it also stated that if convicted she faced a maximum sentence of 25 years in state prison. It also stated that if convicted, Galens could get a maximum sentence of life in prison.