Woman who pushed boyfriend off fence, killing him, sentenced to - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Woman who pushed boyfriend off fence, killing him, sentenced to prison

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SAN DIEGO (CNS) - A woman who pushed a man she'd been dating over a fence to the concrete below, killing him, was ordered Wednesday to serve one year in local custody, followed by three years of supervision in the community.

Georgette Cervantes, 59, pleaded guilty last month to involuntary manslaughter. Under a new law, the defendant was eligible to serve her prison term in local custody and be monitored by the Probation Department upon release.

Deputy District Attorney Karl Husoe said Cervantes will hopefully be placed in a dual-diagnosis facility once she's released from custody for treatment of alcohol and anger issues.

As part of the plea agreement, Cervantes was ordered to stay away from the crime scene and a neighbor family for the next 10 years.

Around 9:20 p.m. last Oct. 2, paramedics were called to treat a severely injured man found lying on the sidewalk outside the defendant's home in the 3700 block of Franklin Avenue in Mountain View. The 50-year-old man -- identified as John Osmer -- later died of his injuries.

When officers went to question Cervantes, she refused to cooperate and holed up in her residence.

Earlier that day, the defendant's brother heard his sister arguing in the back of the residence and saw her wielding a pipe, Husoe said. The defendant -- who was standing near the victim at the time -- threw the pipe at her brother, then went back inside the home, the prosecutor said.

Later that day, Osmer was leaving the residence by climbing over a 5- to 6-foot fence -- as was his custom -- when the defendant approached from behind and pushed him over to the other side, breaking his neck, Husoe said.

"She (Cervantes) walked away, it appeared as if she was unaware that he had actually died," the prosecutor said outside court. Husoe said both the defendant and the victim had been drinking.

Shortly after 4 a.m. the following day, SWAT officers entered the home and took Cervantes into custody.

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