Sheyanne Romero

A Tulare County man was sentenced to die on Monday.

Judge Joseph Kalashian sentenced Christopher Cheary to death for the rape and murder of 3-year-old, Sophia Acosta. In November, a jury found Cheary guilty after a grueling three-month trial. Cheary will be the 15th Tulare County Death Row inmate.

Tulare County Sheriff’s deputies have 10 days to hand Cheary over to the warden of San Quentin State Prison.

Before Kalashian announced his ruling, Cheary’s lawyer, Angela Krueger, made a motion to reduce the sentence to life without the possibility of parole. Krueger quoted scripture from the Book of Matthew, Shakespeare and Martin Luther King Jr., pleading with the judge to spare her client’s life.

“Hate begets hate. Violence begets violence,” she said.

There are 14 inmates on Death Row from Tulare County. No inmates from the county have been executed. Krueger said the process of executing an inmate is prolonged and the death penalty is legal violence.

“Violence attributed to the defendant isn’t seen the same as violence committed by the state,” she said.

Prosecutor David Alavezos argued the process is prolonged intentionally by defense attorneys who delay filing appeals with the Supreme Court.

“Saying that somehow the death penalty doesn’t work because it takes too long is an unfair argument,” he said.

He asked the judge to uphold the jury’s recommendation. The jury recommended death for Cheary after they found true allegations that he sodomized and beat the child on May 7, 2011, causing her death days later. Sophia’s mother, Erica Smith, was out buying heroine while her live-in boyfriend murdered her daughter, prosecutors said.

“The violence here is the defendant brutality killed a 3-year-old girl and raped her,” Alavezos said. “What did she do? Nothing.”

Doctors at Valley Children’s Hospital testified to seeing bruising to the child’s butt and chest. There was also significant bleeding and bruising to Sophia’s head.

Ultimately, Kalashian upheld the jury’s recommendation.

“Death sentence is one I’m not in favor of, but I took an oath when I took this job,” Kalashian said. “I can’t nullify the death sentence because of my personal beliefs...I’m not going to reduce the matter.”

The family of Sophia was able to address their loved one’s killer during the hearing.

“He will never know the pain and loss he’s caused my family,” said Sherri Stone, Sophia’s aunt. “We are all hurting...Sophia is gone and she’s never coming back.”

Sam Coronado, Sophia’s great-grandfather addressed the court. Coronado attended every day of the trial.

“She was taken away,” he said. “There is still one more court date I might miss.”

Coronado was referring to Cheary’s final judgment before God.

It will take decades before Cheary receives a lethal injection, if ever.

California has not executed a death row inmate since 2006 because of legal challenges that question the lethal injection protocol and cruelty. Of the 749 death row inmates, only 24 have completed the federal habeas corpus review.

“What he did is unforgivable,” Coronado said. “All we have are beautiful memories. She lives in us, our hearts and minds.”

Kalashian offered his condolences to Sophia’s family and thanked them for their statements to the court.

“You can be very proud of your family,” he said. “I can’t even imagine the pain and suffering you must have endured.”

He went on to tell the family that Sophia wouldn’t want them to cry in her memory.

“[Sophia] would want to put a smile on your face and to be happy...she’s in a better place,” he said.

While Cheary was being escorted by deputies back to jail, someone in the crowd yelled out, “Animal”.

Charles Cheary, Christopher’s father, sat with Christopher’s mother, Laura Campahur before the sentencing. They have been in court, supporting their son.

“They won this part of the battle but the war isn’t over,” Charles said. “I know that my son is innocent and we’re going to keep fighting this until he gets a fair trial.”

Cheary didn’t speak during the trial but submitted a letter to the Visalia Times-Delta in court on Monday.

“Congratulations David and the County of Tulare on another successful railroad conviction,” Christopher wrote. “It takes a lot to keep up such high conviction rates, both for death and otherwise. These rates will continue to rise with the help of corrupt prosecutors such as Chelsea Wayt, Tim Ward and the great David Alavezos, this I’m sure of. As sure as I am of the facts and my innocence.”

“You won for now,” he added.