Their sentencing was delayed by Judge Tracy Duncan until Thursday to determine how their four children, two of whom have high needs, would be cared for.
Kristoff was just 10 months old when he died from complications with respiratory illness, strep throat, and pneumonia. A Superior Court jury determined that his death was a result of neglect. The commonwealth requested five years in prison and three years of probation for both defendants.
On Thursday, the rescheduled hearing for sentence imposition was held, and Tucker and Barlow-Tucker were sentenced to state prison for manslaughter involving neglect of legal duty, and three years of probation for reckless child endangerment.
Court documents state that Barlow-Tucker was committed to the Massachusetts Correctional Institution in Framingham. She will serve three to five years there first; her husband, will serve his sentence once hers is completed but will be on probation.
"The sentences imposed will be a state prison sentence of not less than 3 years and not more than 5 years to MCI as to each Defendant as to count #1. The sentences will be staggered. Ms. Barlow-Tucker will serve her incarceration sentence first," court dockets read.
"As to counts #2, Mr. Tucker will be placed on Probation for 5 years and this Probation will be served first. Ms. Barlow-Tucker will be placed on Probation for 3 years from and after the sentence imposed on count #1."
Last month, the court heard from Kristoff's birth mother, Kayla Zenopoulos, who said her heart breaks for everybody, and his grandfather, who lovingly described the baby's favorite foods, toys, and songs before his life was tragically cut short.
"I want justice. I don't believe in an eye for an eye, but I want justice for Kristoff," his grandfather said.
According to court documents, Barlow-Tucker will be at home for two weeks with her husband and co-defendant "obtaining all the information necessary to assume care of the four children in the home," and "Tucker's sentence will be stayed with a date to be determined."
"Upon Ms. Barlow-Tucker's release, the Clerk's Office shall set the date of the imposition of Mr. Tucker's sentence two weeks after. Mr. Tucker will check in with the Probation Department as they require," the docket says.
"If Mr. Tucker, for any reason, loses custody of his children, his case will be brought forward, the stay will be rescinded and the sentence shall be imposed. This is all contingent on Ms. Barlow-Tucker's sentence and determination or completion of her incarceration."
While Tucker and Barlow-Tucker are on probation, they are not to receive or participate as a foster parent for any child, and will not have supervision of any children other than their own.
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Arrest Warrants Issued for Pittsfield Shooting
Staff reportsiBerkshires
PITTSFIELD, Mass. — Police were granted arrest warrants for two people suspected to be responsible for the Aug. 16 shooting on Francis Avenue.
Jason Wright, 41, and an unnamed juvenile are charged with assault and battery, discharging a firearm within 500 feet of a dwelling, and possession of a gun without an FID card or license to carry.
On Aug. 16, near 211 Francis Ave., three individuals suffered gunshot wounds and were all transported to Berkshire Medical Center with non-life-threatening injuries. This is one of four gun violence incidents on city streets this summer.
Police say two of the individuals who suffered gunshot wounds are the subjects of the arrest warrants.
"I first want to commend the Pittsfield Police Department on solving this case in just eight days. They, along with members of the Task Force who provided support when needed, worked around the clock to identify those responsible," District Attorney Timothy Shugrue wrote on Monday.
The DA said he understands that Pittsfield remains on edge, and said he is fully committed to providing resources, including funding for overtime and State Police detective resources, to support the Pittsfield Police Department as it continues its active investigations into the June 18, Aug. 4t, and Aug. 16 shootings.
"No stone will be left unturned. If you bring violence and guns to our county, you will be held responsible to the greatest extent of the law," he wrote.
The first arrest warrant issued is for a juvenile. The juvenile is charged with:
Two counts of assault and battery with a dangerous weapon, to wit a firearm
Attempted murder
Discharging a firearm within 500 feet of a dwelling
Possession of a firearm in commission of a felony
Possession of a firearm without an FID card/license to carry
Possession of ammunition without an FID card/license to carry
The second arrest warrant is for Jason Wright, 41, with a last known address on Woodlawn Avenue. Wright is charged with:
Attempted murder
Assault and battery with a dangerous weapon, to wit a firearm
Two counts of assault and battery with a dangerous weapon, to wit a Firearm
Discharging a firearm within 500 feet of a dwelling
On June 18, a person died after being shot in the area of Tyler Street and Pleasure Avenue, and another person was injured. Following an extensive investigation, police on June 23 had an arrest warrant out for Terry Martizna, 35, on a charge of murder.
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