Family of woman murdered by husband in 2017 furious over his release from jail
NEW YORK (WABC) -- Family and friends of a young woman murdered by her estranged husband in 2017 expressed shock and outrage exclusively to Eyewitness News as the woman's husband was released after serving seven years in jail.
"This is like my daughter just died again," Elizabeth Rivera said of her daughter, Tonie Wells.
Barry Wells was convicted of strangling Tonie Wells, 22, and leaving her body in the basement stairwell of his home in Crown Heights, Brooklyn in December 2017. Rivera said her daughter was newly pregnant at the time of her murder.
Police had arrested Barry Wells three months prior for attacking Tonie Wells, but he was released from jail. Tonie Wells had an order of protection against him at the time of her death.
Shortly after the December 2017 attack, police took Barry Wells into custody and sent him to Rikers Island.
On Monday, New York State Supreme Court Judge Dena Douglas sentenced Wells to time served, meaning Wells was set free.
"For 34 years, I've stood in the well and said the jury has spoken and we live with it no matter which way the verdict goes," Howard Greenberg, Wells' attorney, said following the sentencing.
"Justice wasn't served," Katherine Rivera, Tonie Wells' aunt, said.
Barry Wells's trial was held in January - seven years after his wife's murder. Sources tell Eyewitness News the delay was caused by Wells changing attorneys several times and by COVID.
In February, a jury convicted Wells of criminally negligent homicide. Prosecutors had originally charged him with second-degree murder, but during the trial Douglas allowed the jury to consider the lesser charge of criminally negligent homicide. Prosecutors tried to argue no evidence existed for the lesser charge, but Douglas decided it was warranted.
During Wells' sentencing, prosecutors asked Douglas to sentence him to up to 15 years, but she declined. Douglas also denied prosecutors' request to grant an order of protection against Barry Wells for Tonie Wells' daughter who was a toddler at the time of her mother's murder and was present during the attack. Barry Wells is not the biological father of the child.
"Today, you failed us," Rivera said.
Tonie Wells's family members and friends packed the courtroom during the sentencing, all wearing purple for domestic violence awareness. They cried throughout the proceeding.
Katherine Martinez, Tonie Wells' cousin, spoke at the sentencing and told Barry Wells in tears how he destroyed so many lives, including the life of Tonie Wells's surviving daughter, who is now 8 years old. She told him that Barry Wells repaid Tonie Wells's unconditional love for him with death.
Barry Wells did not speak during the sentencing.
Douglas did not provide any statement in the courtroom about how she arrived at her sentencing verdict. Before becoming a judge, Douglas was a supervisor in the Domestic Violence Bureau in the Brooklyn District Attorney's Office.
Martinez said the fact that Wells served only seven years in jail - not prison - feels like a punch in the face.
"I'm very disappointed," Martinez told Eyewitness News investigative reporter Kristin Thorne following the sentencing. "It makes you feel like what she suffered didn't mean anything."
Tonie Wells's family members and friends said they are vowing to fight to end domestic violence and to help all survivors of domestic violence in Tonie Wells's memory.
If you are a victim of domestic violence, contact the National Domestic Violence Hotline at 1-800-799-SAFE. You may also visit www.thehotline.org for more information or assistance. Those who live in New York City, may call the city's 24-hour Domestic Violence Hotline at 1-800-621-HOPE.
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