Larry Tetamore/County News file photo
Livingston County Court
Penfield woman convicted for violent assault
A Penfield woman, arrested for several charges relating to a break-in and violent assault in Livonia, possibly faces life in prison following a three-day trial last week.
Kerry E. Kiefer, 35, was asked to leave the home of James Kearney at 68 Main Street, Livonia on March 17. She returned, kicked in the side door and entered the residence, intending to assault Kearney, but the victim wasn’t home at the time. Kearney and a friend returned home shortly thereafter and asked her to leave several more times. She refused, and when Kearney approached her on the stairs, she kicked him in the face. When Kearney tried once more to get her out of the house, she bit him on the face. Kearney’s friend separated the two and she began hitting both of them before leaving the property.
Kearney called 911, and State Trooper Sean Histed, who found Kiefer at the Lantern Lounge in Livonia. During an interview with the trooper, she lied about her name and date of birth. Histed then arrested her for Burglary in the Second Degree, a Class C violent felony offense; Aggravated Criminal Contempt, a Class D felony; Harassment in the Second Degree, a violation; Criminal Mischief in the Fourth Degree, a Class A misdemeanor; and False Personation, a Class B misdemeanor.
Judge Robert Wiggins had issued an Order of Protection in June 24,2008 requiring Kiefer to refrain from criminal offenses with Kearney following a conviction for Criminal Contempt in the First Degree. She has eight other felony convictions, all Aggravated Unlicensed Operation and Driving While Intoxicated, according to First Assistant District Attorney Victor Rowcliffe.
Judge Wiggins has scheduled sentencing for Sept. 11 and will determine if Kiefer should be considered a “persistent felony offender” — which means she could be sentenced to a minimum sentence of 16 years-to-life and a maximum sentence of 25 years-to-life. If the court finds her to be a “second felony offender” with one prior violent felony offense, she will be sentenced to 5-to-15 years plus five years of post release supervision.
First Assistant District Attorney Victor Rowcliffe prosecuted the case; Assistant Public Defender Christopher Laragy defended.