Pubdate: Sun, 06 Apr 2003
Source: Boston Globe (MA)
Section: Page A6
Copyright: 2003 Globe Newspaper Company
Contact:  http://www.boston.com/globe/
Details: http://www.mapinc.org/media/52
Author: Ryan Slattery

POLICE SAY DRUGS A FACTOR IN STABBING OF 2 CHILDREN

MESQUITE, Nev. -- A 3-year-old girl was stabbed to death and her 
half-sister was left paralyzed in an attack police in this desert resort 
town said was an act of revenge for a methamphetamine deal gone bad.

The brother and sister accused in the crime -- Beau Maestas, 19, and 
Monique Maestas, 16 -- could face the death penalty, and the victims' 
mother, who was gambling at a casino with her boyfriend when the Maestases 
allegedly attacked her daughters in their trailer home, could face child 
endangerment charges.

The slaying of 3-year-old Kristyanna Cowan and the wounding of her 
half-sister Brittney Bergeron, 10, rocked this community of 14,000, located 
80 miles east of Las Vegas. The town considers itself a refuge from 
big-city crime, and it was the first murder in Mesquite since December 
2001. "It was a very vicious attack," said Lieutenant Matt Alberto of the 
Nevada Division of Investigation. "It's very emotional when you're dealing 
with innocent children."

Mesquite Deputy Police Chief Joe Szalay said, "The whole community was in 
shock that something like this could happen in Mesquite." Clark County 
District Attorney David Roger said that both Maestases will be tried as 
adults and that both are eligible for the death penalty because of the 
nature of the crime.

A preliminary hearing is expected to be held later this month, but not 
before a judge hears a defense motion Tuesday to move Monique Maestas's 
trial to juvenile court.

Under Nevada law, a defendant charged with murder, attempted murder, or 
rape is automatically tried in adult court, regardless of age, a statute 
that some defense lawyers say is unfair.

"We could have a case involving a 12-year-old, and they'd still be tried as 
an adult," said Phil Kohn, the public defender handling Monique's case. 
"It's ludicrous. They should have to prove it belongs in adult court."

The Maestases were arrested within hours of the attack Jan. 22 and charged 
with murder. Police said Beau Maestas confessed to the crime after he was 
apprehended in Nephi, Utah, 260 miles from the scene of the slaying. 
Alberto said a large-blade kitchen knife and a small paring knife were 
found wrapped in blood-stained clothing on the roof of an abandoned gas 
station off Interstate 15 near Fillmore, Utah, 60 miles south of where the 
teenagers were arrested. Police said blood evidence was found inside the 
Mesquite home of the Maestases' grandmother, where the teenagers were staying.

During interviews with investigators, Beau Maestas allegedly told police 
that he paid $125 for what he believed was methamphetamine from Tammy 
Bergeron and her boyfriend, Bobby Schmidt, only to find out that the white 
substance he was sold was table salt. Enraged, he confronted the couple 
inside the CasaBlanca resort casino.

"Beau Maestas decided he wanted justice or revenge for being ripped off," 
Alberto said.

Casino cameras caught a portion of what Szalay described as "a standoff" on 
videotape. The tape shows CasaBlanca security guards escorting the 
teenagers from the property after they exchanged heated words with Bergeron 
and Schmidt, who continued playing the slots.

It was just before 2 a.m. when, according to investigators, the Maestases 
arrived at the small trailer where Bergeron's children were home alone. 
Police said they knocked on the metal door and called out for the young 
girls to let them in.

Once inside, authorities allege that the two teenagers repeatedly stabbed 
the young girls. Bergeron arrived home about 10 minutes after the attack. 
The children were rushed by helicopter to University Medical Center in Las 
Vegas. Kristyanna died at 5:25 a.m. Brittney, who police said had struggled 
with the intruders, suffered stab wounds to her arms and back and had her 
spinal cord severed in the attack, leaving her paralyzed from the waist 
down. She is now in protective custody, according to Susan 
Klein-Rothschild, director of Clark County Family Services.
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