Woman who shot boyfriend in the face spared jail after he te
USINFO | 2013-09-11 11:46
A woman who shot her lover has beaten an attempted murder rap and avoided years of jail time after her lovelorn partner refused to testify against her.

Evelyn Barnave, 43, of Brooklyn was slapped on the wrist with an assault conviction Monday, skirting what had been a potential seven years in jail.

But while love may have conquered the penal system, Brooklyn Supreme Court Justice Matthew D’Emic threw cold water on the fiery relationship when he told boyfriend turned gunshot victim Randolph Costa to stay away from Barnave for a full year.

 
Happier times: Randolph Costa, right, was shot in the head by lover Evelyn Barnave, left, in 2011

The New York Post reports that Justice D'Emic forbade Costa from contacting the shooter he loves in any way, be it by email, voice calls, or text messages.
 
While Costa implored the judge at Monday's sentencing, via Barnave's attorney Paul Hirsh, to be allowed to address the court in an effort to garner his lover a light sentence, his request was denied.

It was Justice D'Emic's belief that, in taking their armed domestic conflict into the outside world, the couple had endangered the greater community and should therefor be kept apart.

 
Times change: Barnave is pictured here with lawyer Paul Hirsh during her trial for shooting her lover in the head at close range in the Brooklyn neighborhood in 2011

'The problem that I have is that we have a situation here where these two parties have a tumultuous relationship and if it stayed between these two that would be one thing,' Justice D’Emic said.

Barnave was facing an attempted murder charge for shooting Costa in 2011.

After a fight over a joint checking account, Barnave shot Costa at close range through the window of her car in the Crown Heights neighborhood of Brooklyn on January 11 of that year.

59-year-old Costa initially pointed the finger at his girlfriend, but then refused to cooperate with prosecutors in her trial at Brooklyn Supreme Court despite a fight that left him with a bullet in his spine.

 
Hot headed: Barnave's prosecutors weren't able to make attempted murder charges stick after Costa refused to testify despite having had a bullet lodged in his spine from their spat
 

 
Change of heart: Costa pointed the finger at Barnave initially but then refused to testify. Here, he holds a photo of the two of them
Meanwhile, Barnave insisted the whole thing was an accident and the prosecution in her case was left unable to make the attempted murder charge stick.

Barnave was sentenced for the lesser charge of reckless assault last month.

But that didn't mean the judge was going to let the lovebirds go celebrate Barnave's freedom.

'This spilled out into the streets of Brooklyn where an innocent person could have gotten hurt,' explained the judge as he handed down his stay-away order.

'I love this man and he loves me,' an emotional Barnave told the judge. 'I have a family and I have never hurt anybody or done anything malicious to anybody in my life.'

 
Sentenced: Barnave, pictured here before she was acquitted of attempted murder, was convicted on the lesser charge of assault and handed 5 years probation. The judge also ordered her to stay away from Costa for a year

Barnave and Costa met about five years ago on a Subway platform.

In June, when Costa suddenly decided he wouldn't testify, he said it was because he hoped they would get married one day.
Now, despite the judge's order, Costa told the Post he was satisfied with the ruling.

'I’m not disappointed that we can’t see each other,' Costa said. 'I’m just relieved that she didn’t get jail time. It could have been a lot worse.'

Barnave thanked the judge for the sentence that allows her to avoid jail.

'I just want to thank you judge,' she said. 'It was an accident.'

To the press, Barnave would only say, 'It's fine,' before she left the court without the man she loves.

Justice D'Emic said he would be willing to revisit the stay-away order in a year.




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