Manchester Woman Sentenced To Prison For Breaking Disabled Child's Leg

MANCHESTER, NH — A Manchester woman will spend one year at the New Hampshire State Prison for Women for assaulting her boyfriend's 2-year-old disabled son.

Kayla Cubano was sentenced Tuesday to prison after entering a guilty plea and accepting responsibility for fracturing the child's leg. The Hillsborough County Grand Jury in November 2020 indicted Cubano, who was 25 at the time, for first and second-degree assault resulting in a fractured leg.

After the assault, EMS was not called and the child, identified as Mateo, was in agonizing pain, according to court testimony. A doctor testified the injury was caused by significant force and was similar to what could happen in a car accident.

The child's aunt went to the Laurel Street apartment after being notified by the child's grandmother of the injury. The child was brought to the hospital and diagnosed with other issues, including malnutrition, however, the assault was the only charge Cubano faced.

The child was removed from Cubano’s custody however she had another child after the assault and another child remains in her custody. Prosecutors spoke of the child's pain, force, and significant trauma and asked Cubano to spend two to four years in prison.

Defense attorney Pamela Phelan told the judge that Kayla has accepted responsibility and has gotten counseling, taken courses, and learned from the incident. She now realizes that she needs to reach out for help when needed.

Several people lined the benches in the courtroom behind Kayla, showing their support for her, including the biological father of her children.

The defense brought people from Easter Seals to speak about Cubano's progress and that she excelled in classes and counseling.

Judge William Delker was asked by Phelan to sentence Cubano to 12 months at the Hillsborough County House of Corrections with six months suspended.

Phelan said sentencing her to state prison was harsh and would cause significant difficulties in her future. In a statement written by Cubano but read by her attorney, stated she was overwhelmed and depressed.

Mateo is now 5 and played with his aunt in court while the sentencing was discussed. The grandmother now has full custody of Mateo. Mateo's grandmother, Peg Gingras spoke and shared that Cubano had enjoyed a life of freedom the past three years, going on to have another child, while Mateo suffered.

Gingras said this case could have turned out like Elijah Lewis or Harmony Montgomery if the child hadn’t been removed from her care.

After listening to presentations from the defense and prosecution, Delker took a recess to consider the representations. When he returned, Delker said there were compelling factors presented and it was a difficult case. He said siding with the recommended 6-month sentence though did not send an acceptable message to deter future instances of abuse.

Delker continued, "What troubles me most about this is once you inflicted this injury, you did not say, 'Oh my God, what did I do?' No doubt this child had to have been in agony."

Standing as Delker sentenced her to state prison, she showed little emotion. People in the courtroom behind her could be heard crying and some were visibly upset.

Cubano was placed in handcuffs and will spend her first night in custody at the New Hampshire State Prison for Women.

©Jeffrey Hastings www.frameofmindphoto.com/news