Families testify as prosecutors seek death sentence

Kavanagh's fate won't be known until April

Adam Rollins, Staff Writer
Posted 3/23/23

Although Shawn Kavanagh has been declared guilty on all counts for murdering three people and stabbing a fourth in 2014, the trial over the brutal killings nine years ago still isn't quite over. This …

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Families testify as prosecutors seek death sentence

Kavanagh's fate won't be known until April

Posted

Although Shawn Kavanagh has been declared guilty on all counts for murdering three people and stabbing a fourth in 2014, the trial over the brutal killings nine years ago still isn't quite over. This week, the two sides of the case have been presenting their arguments about whether Kavanagh should be sentenced to death, which Prosecutor Kelly King described as “the only appropriate punishment” for Kavanagh’s crimes.

Kavanagh was found guilty last Friday for the murders of Tara Lynn Fifer, 22; Lexy Vandiver, 29; and Lexy’s son, 7-year-old Mason Vandiver. Kavanagh was also convicted for the severe wounding of Jessica Powell, Kavanagh’s estranged wife, who was at Lexy’s home with the other three victims when Kavanagh attacked them. The guilty verdict was issued by St. Charles County Judge Rebeca Navarro-McKelvey, who now must decide Kavanagh's sentence.

On Monday morning, the prosecution presented its witnesses for the sentencing phase of the trial. The majority of the prosecution’s testimony came from the families of Lexy and Mason Vandiver and Tara Fifer. Each of them gave heartbreaking testimony of the brightness that left their lives when their family members were killed.

Theresa Roberts, Tara Fifer’s mother, was the first family member to testify. In a strong voice with a mix of anger and anguish, Roberts described how the loss of Tara had hurt her family.

“She had an infectious laugh. If she laughed, you had to laugh with her,” Roberts said. “But I can’t remember her laugh. ... I can’t remember her smile, I can’t remember her voice.”

Roberts said Tara was always willing to help a friend, and that is what she was doing when Kavanagh attacked the women.  Tara had come to spend time with her friends while Jessica was avoiding Kavanagh on Valentine's Day.

Haley Roberts, Tara’s sister, shared her grief over losing her best friend, someone who always sought to uplift her and care for her. But she also said that the horrible violence done to her sister had left her terrified of the world that she’s now raising her own daughter in.

“I’m scared for my daughter to be compassionate like Tara was,” Haley said through tears. “I’m scared of the world. I’m scared of what’s out there because of him,” she said, looking directly at Kavanagh.

Susan Crowe, Lexy’s mother and Mason’s grandmother, was next to testify, and she too stared down Kavanagh for a moment. She told stories about Lexy’s “drama child” moments growing up, about reading Mason’s favorite book series to him so many times that he knew all the words. Crowe said she struggled with mental and physical health ailments ever since the murders.

“Losing my child was my worst fear, and it happened,” Crowe said. “I just thank God he didn’t take my granddaughter from me.”

That granddaughter, Jeannette, was 18 months old when her family was killed in their home. She was taken in by her uncle and aunt, Mark and Heather Vandiver, who were close to Lexy’s family.

Mason was “my little buddy,” Mark told the court. The two of them went on frequent outings to ride in four wheelers and go fishing. “I miss him every day. I miss my sister every day.”

Jeannette, now 10 years old, knows that her mother and brother died, but doesn’t know they were murdered, said Heather Vandiver. The knowledge of death has always been present in Jeannette’s life, and that in itself is gut wrenching.

“She knows. She feels them missing. ... She knows her mother and brother are not going to be here to protect her,” Heather stated. “But she’s such a sweet child. She doesn’t know meanness. I don’t want her to find out this horrible thing, because I don’t want it to change her.”

With the prosecution’s case finished on Monday morning, defense attorneys presented their argument to spare Kavanagh’s life throughout Monday afternoon, Tuesday, and Wednesday morning. A number of Kavanagh’s family members, close friends, and priests who have ministered to him testified on his behalf.

The defense witnesses testified about the emotionally volatile home that Kavanagh grew up in leading up to the killings; about the remorse he showed after the killings and the side of him that is a loving, compassionate person; and about his personal growth in jail to overcome the anger in him. If allowed to live, Kavanagh will never leave prison, but defense attorneys argued that he can still bring some value to the lives of family members who still love him, and he can be a role model to help other prisoners turn their lives around.

Public Defender David Kenyon also renewed arguments brought during earlier hearings, that Kavanagh's crimes were driven by untreated mental disorders that merit consideration in his punishment.  Executing him won't bring back any victims, but only cause pain for more families, Kenyon argued, calling on the judge to sentence Kavanagh to life imprisonment without parole.

Once witness testimony and closing arguments from both sides finished on Wednesday morning, Judge Navarro-McKelvey declared that she will announce whether Kavanagh will be sentenced to death on the afternoon of April 11.

"This is a difficult decision for any person to make. I want to make sure I give it due consideration," Navarro-McKelvey stated.

Shawn Kavanagh, Murder, Assault

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