Judge Recommends No Parole for Woman Behind Son-in-Law's Murder

[00:00:00] Speaker 1: mr facebar are you ready on behalf of the defense yes your honor all right mr rotabi on behalf of the state yes right right i have read the pre-sentence report that was filed there were numerous victim impact statements were filed of course i've read those there was two character letters i believe that filed on behalf of miss grist i've read those as well but any errors mistakes or admissions you need to bring to my attention with the [00:00:28] Dana Face Mayer: pre-sentence report mr facemart so your honor i do have one more character letter i've provided a a view for the prosecutors to have it and i have a hard copy for the hand it to me please that's fine [00:00:43] Speaker 3: thank you [00:00:58] Speaker ?: all right i've read that letter as well any mistakes of the pre-sentence report you need to bring to my attention your honor i've spoken with my client about the pre-sentence report she's had an opportunity to [00:01:13] Speaker 1: to review it along with the letters that have been provided associated with it and she has not requested any changes from that pre-sentence report is that accurate [00:01:24] Dana Face Mayer: yeah the report itself oh no it's good i accept it as presented so we're good to move forward on the pre-sentence report any mistakes or errors or remissions from the state's perspective [00:01:38] Speaker 3: not that i observed your honor all right thank you all right mr facemart what else would you like me to know or to take into account [00:01:47] Speaker 1: i'm sorry judge anything else you wish me to know what else would you like me to know am i okay here judge yes [00:02:03] Dana Face Mayer: thank you your honor your honor uh dana face meyer for the defendant tracy grist judge i've reviewed the pre-sentence report the pre-sentence report as has my client my client your honor wants to know that the pre-sentence report uh does not indicate some of the things that she's done while at the utah county jail which has been a substantial amount of time she attempted to enroll in the rise program but the rise because of her charge i would not let her uh enroll but she did attempt to do that she also attempted your honor throughout her time at the utah county jail to engage herself in as many uh opportunities include including ed eddovo edovo which is an educational vocational kind of uh opportunity it's a six week six or eight yeah [00:02:54] Speaker 3: those are small classes the other one is an eight week class gotcha so she so she did engage in all of [00:03:00] Dana Face Mayer: those your honor and she also engaged in an eight week class to continue and help her uh throughout this case uh to provide any assistance that uh would be beneficial for her just as a person while engaged at the utah county jail uh she did not just sit on her uh sit on her laurels and just let time lapse she was motivated and proceeded with any opportunities provided some were declined because of her charge but she still did try to uh effectuate those opportunities that she did she didn't get the certificates uh that were were available but she did take the coursework and and the time to uh learn about such things and move forward in that direction i hope the court understands what i'm trying to explain i am i do thank you thank you honor your honor we're here uh post trial uh the charges that my client was found guilty was uh criminal conspiracy a second degree murder a first degree obstruction a first degree uh uh domestic in front of a child uh third degree two counts uh your honor uh the matrix on this case uh has her at 252 months uh i i think uh uh given all those circumstances this court knows uh the facts of the case has been as has been presented both by my client and also by by the prosecution and also the verdict by the jury by the jury and so we would submit on that matrix request your honor ask that all counts to be uh to be sentenced concurrent with one another and my client is 60 year 61 years old now your honor just turned 61 a couple weeks ago and uh so we would ask for a concurrent sentence judge any questions your [00:04:47] Speaker 4: honor no thank you mr faismaro uh your honor would the court be willing to hear from uh several victim [00:04:56] Speaker 1: representatives well i think like we've done in the past and willing to hear from uh the victim's mother and i think one other representative which is the brother i've read out of the other reports okay we'll do it the same way so i've assumed that that's what you are planning on again today yeah sure of course who do you want to have come forward first i think we have more to stay the first one all right sir if you'll come forward i know we've met but please give us your name again so the record is clear [00:05:25] Jonathan Mark Rustelli: yeah too many times uh my name is jonathan mark rustelli [00:05:33] Speaker 1: can you spell it no i unfortunately i've fired them very well [00:05:44] Jonathan Mark Rustelli: your honor i'd like to begin with thanking the court law enforcement and everyone who's worked tirelessly to make sure justice was served for what was done to my brother my name is jonathan mark rustelli i go by mark i'm the youngest of three brothers known growing up as the rustelli boys paul is the oldest and matt is our middle brother today is the third time i stand before this court to deliver a victim's impact statement from my brother matthew clark rustelli just like the first two times i don't want to be here but i have to be because matt no longer has a voice it was permanently silenced at catherine's sentencing i talked about the black widow that trapped my brother in a web of lies and abuse the black widow that slowly injected venom and devoured my brother at kevin's sentencing i talked about brotherhood and betrayal matt welcomed kevin into his family as a brother and kevin repaid that trust by shooting him in the back today i want to talk about the source the root of the poisonous tree the literal elephant in the room the demon sitting before this court the mastermind but before i get there let's talk about the fallout catherine tracy's daughter pled guilty to murder and testified against you tracy and kevin kevin tracy's son was convicted of murder and today tracy grist stands before this court convicted of murder three convictions from one man's brutal murder but that's only the beginning of the fallout my mother diane buried her son paul and i paul and i lost our brother lucas lost the father that he talked to every day and then there are the children cheyenne and steel and lucas three children who should have had decades to build memories and learn from their father father to teach them how to fish to teach them how to build things to teach them how to drive to walk beside them through life's biggest moments tracy you stole that from them you stole every birthday every christmas morning every camping trip every fishing trip every game every graduation every father-daughter dance every hug every i love you a grandmother is supposed to protect their grandchildren tracy you destroyed your grandchildren's potential future but before i talk about you i want to talk about matt because for weeks i sat in this courtroom and felt like my brother was the one on trial i listened to people who twisted who he was i listened to lies i listened to stories that tried to make a good man responsible for his own murder i listened while a man could no longer defend himself was being attacked by the very people who betrayed him the matt i knew wasn't that man the matt i knew was kind and loving matt loved to build matt loved to create matt loved the mountains matt loved fishing matt loved off-roading he loved fixing things if something was broken he found a way to make it work if someone needed help he showed up he was an excellent mechanic with a mind that could solve almost any problem he was the kind of father that wanted to teach his children everything he knew the kind of son who was there for his family especially his mom the kind of friend who would drop everything if you needed him above all else matt was loyal he was loyal to his family he was loyal to his wife katherine even after she cheated on him several times he was loyal to the people he loved maybe that was matt's greatest flaw he believed people when they told him they loved him he believed katherine on the final phone call when she said i love you too as he unknowingly drove to his execution orchestrated by you tracy grist he believed family meant something he believed loyalty would be returned with loyalty he believed the people closest to him would protect him just as he protected them unfortunately he was wrong matt trusted and gave his loyalty to the wrong people and that loyalty cost him his life tracy the first time i met you was matt and katherine's wedding the first words you said to me before even introducing yourself were you know katie is not a bad person i've thought about these words for years because after this murder i don't think the question was ever whether katie was a bad person we knew she is she pled guilty to murdering her husband the question is where did she learn it while my brother's life was being dissected in this courtroom very little was said about tracy very little was said about the lifetime of destruction that came before this murder the lies the lies the manipulation the stealing the exploiting the using of friends the using of family the fact that you tracy are a prostitute for a living was off limits to talk about during this trial but nothing was off limits to talk about for my brother in fact the day you got arrested for matt's murder you were with a john in your so-called massage studio you also got charged with prostitution that day this was one of the primary reasons that matt didn't like you and that you two didn't get along because matt could see who you truly are in the set of drastically flawed morals that you live your life by matt figured this all out on the first day after his wedding to your daughter when the wedding gift money that you were in control of went missing tracy you stole from your daughter and your brand new son-in-law on their wedding day that is just low this was just hours after you said to me katie's not a bad person in comparison to you i could see how you might think that's true it's just mind-blowing at katherine's sentencing i talked about how there was a clear pattern of behavior that eventually led to my brother's murder and it's the same for tracy in fact she learned it from you and i'm sure that this has been the theme of your life because i have a few examples tracy you lied about abuse so you could secure custody of your children from your ex-husbands you stole ten thousand dollars of payroll from your ex-husband's truck you stole twenty thousand dollars in a gun from your best friend terry lynn all while prostituting yourselves for johns on a daily basis now that it's all in the open i'm going to read some direct quotes from your daughter tara lynn in a message she wrote to you she wrote you planned somebody's murder katie and kevin would have never come up with this on their own she wrote you've used and abused almost every single person you've known and perhaps the line that struck me the most she wrote i thought we were safe because we are your kids i am so sad that i was i was wrong those are not my words those are your daughter tara lynn's words now she sees exactly what matt saw for years a woman who poisons everything she touches a woman who creates chaos and then calls herself a victim a woman who spent a lifetime controlling lying exploiting manipulating and using people until one final lie became murder one lie at a time that is your own water's description sorry your own daughter's description one lie at a time and eventually those lies ended up with my brother being shot in the back directly below where his children are sleeping the damage didn't end with matt kelly and i have already started living the future that was stolen from him our home is different our family is different our children's lives are different we now have four kids under one roof because matt can no longer raise two of his own we have become the people they cry to the people they lean on the people who answer impossible questions the people that have to explain why their dad isn't coming home and why their mom their uncle and their grandmother are in prison they know what you did that's right tracy they know they found out at school other kids talking about what kevin did saying things no child should ever have to hear about their father about how kevin shot him when they came home confused and trying to make sense of it i remember cheyenne saying kevin i only know uncle kevin and he would never hurt my dad after hearing that i had to tell them the truth that kevin shot their father in the back and killed him and that their grandmother tracy was the one who planned it all they are five and eight years old you stole a lifetime of memories from them and placed a scarlet letter on their back that will follow them the rest of their lives last year i took cheyenne to the father daughter dance i took her again this year i'll take her next year and the year after that someday i'll be the one that walks her down the aisle and teaches her to love and care for her husband unlike her erected mother and her demon grandmother but every one of those moments that i step in for should belong to matt you stole that from matt cheyenne steel lucas and countless others now how no matter how much kelly and i give these kids we cannot give them their father back we cannot give them the same love that matt would have for them this is what you stole from them tracy you didn't just murder my brother you changed the course of two families and countless other people forever you took a father from his children you took a son from his mother you took a brother from paul and i at catherine's sentencing i called your family a family of black widows at kevin's sentencing i called you poisoned apples from the same tree now i understand something else black widows don't create themselves poison doesn't appear out of nowhere it comes from somewhere and that somewhere is the demon sitting before this court so let me be clear there is no forgiveness tracy there is no excuse there is no alternate version of events three people were convicted and several more of your children are lucky that they weren't charged with this murder as well because you used everyone around you as tools and one good man had to pay the price in the name of my brother matthew clark rustelli a devout father a loyal brother and my best friend a man who would have done anything for his family i asked the court to impose the maximum sentence possible tracy is a demon who poisoned her own family and through them she murdered mine thank you thank you mr risto [00:18:42] Speaker 4: mr ratavi state would have diane ristelli speak [00:18:58] Speaker 1: i know we've met several times if you'd once again put your name on the record so it's clear please [00:19:03] Speaker 6: okay i'm diane ristelli thank you mother of matthew matt ristelli this is my last of three victim impact statements that i will give to the court today i want to thank you judge roger griffin the prosecution team the victim coordinator their support staff the american port police department detective nordine and other court members the timely and due diligent effort by all of you in bringing this terrible case to closure was graciously welcomed thank you all why i'm really here today is to give my victim impact statement to express my thoughts to you tracy christ regarding the death of my son matthew matt ristelli tracy on july 12 2024 in a conspiracy plan with the assistance of your daughter kate and son kevin as well as other family members my son was lured to your home in american fork utah where you kevin and kate savagely carried out the plan to murder my son you believe the lies your daughter kate and other involved family members falsely generated about matt matt matt was not perfect i do know that but you are aware of the type of person kate could be lying lazy jealous easily angered and drug intoxicated yet you still carried out this conspiracy plan in the hopes of eliminating matt to assist you in avoiding custody issues for kate as deducted from these trials and past experience tracy you have been very vocal and wanting to eliminate matt by your own ongoing threats to him matt was the protector of his family and you and your daughter kate were the instigators in causing trouble matt only wanted to keep his family safe from your conniving in evil ways he was so right in this regard and it cost him his life kate always felt that she did not get the attention that she needed from you tracy she longed to belong and feel that she mattered not be overlooked you did not give her what she needed but kept pulling her back into your clutches and spewing hatred for matt every time you visited their home you caused trouble maybe the fact that you have had several divorces states the obvious mixing in all of this you were a hindrance to their marriage tracy you know that in a heartbeat kate could change the atmosphere in the room and would put everyone on notice to watch out i am sure you witnessed this in your home too many times to count before matt's murder still you continue to carry out your plan not considering what kate was telling you to get your attention was it the truth or the version that you wanted to hear matt knew who you really were a thief a liar a splitter a backstabber an illegal business operator to name a few of your adverse qualities the past has now caught up with you and now you will serve the consequences tracy you betrayed me as a mother in the past we have spoken and shared insights about the family yet you have lied to me many times about your involvement before and after this murderous act i do not think that you have a fully functional conscience and you are morally bankrupt this is evident by your calloused actions you lied repeatedly to me yes you have betrayed me as a mother to mother how despicable despicable and heartless you have been to me you will never know how much hurt you have caused just this past week cheyenne now eight years old said she does not remember what her mother looked like and asked to see pictures of her how painful this may be for her her brother steel now five years old to have lost their father mother home family friends school and toys they had to start anew because of your horrific action to my family and yours you are a selfish individual to have sacrificed your family and mine i can only imagine what was going on through matt's mind as your son kevin who you convinced to do this heinous act and violently shoot him seven times mostly in the back i think you found pleasure in this act and commended yourself as a job completed you took away the children's father an honest respectful hard-working and truthful man qualities of which you are not tracy you lied to me so many times before and after the shooting you have a lot of repentance to do both here on earth and spiritually that's if you have a heart and a religious foundation to pull from how low you have become to swap your family to take the life of a good man kate mistreated both matt and his son lucas who is now 21 years old and you know that to be true for lucas you have witnessed this fact as far as matt kate kept all that information from you lucas is still trying to manage the aftermath of losing his dad and best friend he's been on a free fall of emotions since then and we are the ones picking up the pieces to assist him you just believed the lies and wanted to eliminate the only person who truly knew who you were and would not bow down to your tricks and devious behavior matt knew you were not to be trusted early on as he discovered that you stole money from their wedding gifts amongst other times too matt was aware of your evil conniving ways and he wanted no part of it to protect his family tracy you lured him in anyway even your first husband stanley ellis days after matt's death called me and attested to your evil qualities it did not surprise him that you were capable of such an act tracy you don't know me and you don't know my family the hurt you have given me is everlasting our family has changed forever and additional duties that a father matt and a mother kate should be doing there are children at stake here and you acted with no regard to their future with or without their mother and father you did not care about the grandkids how heartless you had become to put the grandkids in jeopardy none of your involved family members have the quality worthy of raising these children since so many of your children four out of seven were involved in the act to assist in eliminating matt whether they knew of the outcome or not but they assisted tracy how did you turn so evil what kind of family were you raised in it certainly was not a loving caring truthful respectful and spiritually grounded to protect human life tracy you did not know how hard matt worked to support his family your daughter kate sucked the life out of matt and yet he still persevered because he loved his family and he wanted it all to work out you were not a comfort to the family but an adversary you wanted to hear the lies and stories concocted by kate and some of them as noted in discord group the social media group in her everyday drug-induced high to get your attention you do not know or took how much time it took and you don't even know matt's real qualities it doesn't matter anymore because you'll never know him you were so blinded by kate's and your daughter's lies even they don't know the truth but i do matt protected and supported kate all the way to a fault but now we know kate's true wish was to eliminate matt find another man or men to support her to work the guy financially dry and keep the two younger children as the pawn for county sustenance and child support the apple doesn't fall far from the tree tracy does that sound familiar to you tracy i do not know nor do you know me we were only acquaintances but what i have been told directly by your family as quoted by tara lynn and this just happened recently that you lied on the witness stand profusely and that you tracy tried to throw blame anywhere she thought it would stick tara lynn continues to share via text hours just hours after we returned from your trial and she said about you justice finally caught up with tracy and she's getting what she deserves these are the text statements to myself and mark from your daughter tara lynn matt knew the truth all along and took a stand about the truth about you tracy your family failed to confront you with your lies and deceit of what you really did for a living and where the fun money came from you bribed them to continue your hold on them they were blinded by it all it's not my place to judge you nor should you have judged matt but i can condemn the actions that have affected my family you made a horrendous mistake killing matt everyone in your family should know that you have an evil streak i fear that the apple does not far from the tree when it comes to your family members and i am seeing the evidence of this you sacrificed your own children kate kevin and you allowed tara lynn and rachel to participate as well what mother does this to her children sending them to perform an evil act you and your involved family just covered up the murder by supporting the evil connection among them family members terry lynn your daughter concocted emails for kate to send to me controlling the dialogue and making the cover-up after matt's death this was not just you murdering matt with the assistance of your four children this plan worked your family has provided little or no support since matt's death they too have been heartless i cannot imagine how matt must have felt when the bullets were piercing into him and he felt extreme pain i shudder the fact that he was hurt dying and scared your family provided no assistance at the scene and watched him die how heartless and evil this act has been you tracked him like an animal you rachel tara lynn and kevin tracked him to eliminate matt to save another heartless woman kate who you knew was a whirlwind of chaos matt came to american fort not knowing what was ahead of him he came with a loving heart and to bring his family back home you made the decision to kill him now you'll be in prison for a very long time and whatever time you spend will never replace the residual dam damage that you have given to all of us i doubt that you recognize this fact it will be our cross to bear and i will do it willingly to protect the children and provide a loving healthy and quality future for them just this past week shy had a lesson in gymnastics and recently too both were in pool activities both cheyenne and steel and yes they are all pool safe thanks to uncle mark and aunt kelly and with many more summer camp activities already scheduled for them it is now our duty to protect the children and ourselves from the abuse your family has members have perpetrated i only wish i could have protected matt from the evil that was he was thrown into i know his layman and his struggles since he spoke to me almost every night he always held your daughter kate in good light despite what we all know she could be he never name called her or belittled her like your family did in public i know he was pushed to the brink by kate and his frustration was evident by the end of days kate did not care about matt because she had already had an affair prior to coming to american fork and after she got here she was dating men otherwise since then even though she was still married to matt matt was always faithful to kate and as evidence that kate was not your daughter kate betrayed me and now you i only wish i could have prevented your final act of cruelty to matt me and my family when you violently conspired to take his life you have wounded my emotional heart rocked it to the core and now we're trying to pick up the pieces you have left behind with having no fault thought of the lasting damage that you have caused we love the children and we'll oversee their health and well-being without their mom and dad tracy like matt i have nothing i've done nothing to you to deserve this extreme level of hurt i have endured much in my career as a healthcare professional but nothing has prepared me for this horrific journey that is underway i grieve every day for the loss of matt and the ongoing change we are all undertaking in racing match i hope matt's children you have no idea what it takes to deeply care for another or you wouldn't have done this heinous act murdering my son was cold-blooded for which you tried to cover up lie about and i have no words of remorse for you this is your pattern i hope the court maximizes all of your charges and sentencing so that matt's children can grow up without your evil influence matt would want his children to have a happy normal childhood among family members who love them their lives will be filled with joy laughter caring learning and respect for family and the legacy of their father we will make a difference because we care and love them we are protecting them so that they will know what family is built on love respect hard work support and a commitment to shared family values and goals tracy my family will accomplish this without you or any of your involved family members i will never get to hear matt's voice again or get his hugs tracy you stripped me of matt's presence matt's children will never experience the support of their father as they grow into adulthood still knife now five years old has little or no memory of his father because he was just over three years old when his father was murdered by you how unfair this is to steal the children always ask me weekly to tell them stories about their father and i do you have put my family on a roller coaster ride that no one should be on the verdict is out your actions are not mistaken tracy you are guilty of multiple offenses and the murder of matt and now you must serve the consequences tracy you took a good man matt you were blinded by the lies and you left a hole in our hearts and daily lives you have no idea the anguish you have caused by his senseless death that will echo in the lives of our family for generations to come the ending of this saga is so so very sad tracy we are all wounded by your aggressive act of cruelty however the family will stand strong we will get the job done just like matt would have done in protecting and providing for his children i am sure matt is pleased that we are caring for his children during these unspeakable times because we cherish and respect the word family not unlike your family tracy who you sacrificed for the sake of eliminating the truth you made this happen and now you must pay for this evil act an action that should never have happened in the first place had you been grounded in family values and caring for human life your honor thank you mr watabi in your presentation [00:34:55] Speaker 1: address the issue of restitution and so that the record is clear and so that mr facemar has an opportunity to respond if he disagrees for each account make sure you indicate which you believe the accurate sentence that i can impose sorry i didn't pull that up i mean i've made notes to that but i want to make sure we're all on the same page [00:35:32] Speaker 4: as far as to the restitution i believe this statute you know has like a proximity or a nexus to the events that occurred i think that the expenses for moving the children um would would fall under that nexus and so i think the 2500 um would be warranted here as well as obviously the funeral expenses of the seventy two hundred dollars as well so the total of ninety seven hundred correct yeah and i'd also ask you just to leave it open as well should there be any kind of other costs that we haven't foreseen at this point whether that be therapy or other things all right thank you mr facemar does your [00:36:11] Speaker 1: clients stipulate to that restitution mount joint several or do we need to have a hearing on several [00:36:16] Speaker 4: judge right several thank you i just like to add a few words your honor yeah no when you add those [00:36:24] Speaker 1: words make sure you also for each count provide to me the presumptive sentence i want to make sure i have it correct as well give mr face for an opportunity to respond if you believe it's an incorrect [00:36:34] Speaker 4: statement okay um as to the murder of matthew rustelli that's a first degree felony i believe that is a 15 years to life as to the conspiracy to commit murder i believe that's a 1 to 15 um and then they are the obstruction of justice is a 1 to 15 and the domestic violence in the presence of a child [00:37:02] Speaker 1: is zero to five on each count do you concur with that mr facemar yes your honor thank you all right [00:37:08] Speaker 4: what else would you like me to know your honor i mean this really is a senseless murder it should never have occurred um seems pretty clear it was actually never really about divorce both kate and kevin went to tracy separately questioning whether they should do this and you know expressed hesitancy to her and she told each of them separately that she didn't care that she was going to go ahead and do it anyways it's pretty clear she didn't care about what happened to matt she didn't care about what happened to matt's kids her grandkids she didn't care think about what possibly might even happen to kate and kevin it was always only about tracy there was no other reason for this murder other than tracy's sole desire to commit a murder when you think about what tracy put matt through luring him into the house matthew getting shot as he enters the house and tracing kevin watching matt die on the floor crying out in pain as he bleeds to death with his children just feet from where he is and then when she's sure that matthew's dead she plants a knife in his hand and then she calls the police she lies to them when she said matt brought a knife into the house she lies when she said matt is needs an ambulance and she lies when she says matt is still breathing those actions are disgusting and morally they're morally reprehensible defendant is not a person that can ever be rehabilitated she's caused generally generational damage not only to the rustelli family to matthew's children but her own family as well he should never be released from prison for taking matt's life she continues to pose a danger to society and and honestly the amount of destruction that she caused and that she's left these survivors to pick up the pieces i would ask you to find her to to sentence her to all of her charges consecutively thank you mr faismar anything in rebuttal no your [00:39:34] Speaker 1: honor we'll submit your did your client wish to address the court formally no your honor all right all right i've got some some notes that i want to go through everybody i appreciate the eloquent statements from mr rostelli's brother and mother the question before the court is not whether i should send it to you miss grist to prison but whether i should run all or a portion of your charges consecutively or concurrently under utah code section 76-3-401 i need to consider several factors when i make that decision factors would include if you've been found guilty of more than one felony offense the answer to that is yes you're convicted of five felonies i need to look at the gravity and the circumstances of the offenses you are convicted of and considering this factor the evidence clearly established as the jury found that you are the mastermind behind a plot to kill your son-in-law simply because your daughter did not want to return to california for divorce proceedings further the gravity of your actions cannot be overstated you were clearly the mastermind in a plot that led to your son-in-law's death a man who simply thought he was coming to utah to pick up his wife and children aggravating his senseless death was the plot you helped develop to try and make it appear that he was dangerous it wasn't dangerous it was your daughter that was convicted of domestic violence not him you helped develop a plan with a weapon and that weapon was not just the firearm that you owned the sig sour p365 but a knife that you had apparently taken from a friend of yours in california and brought to utah to use in a senseless murder your actions essentially left your grandchildren as orphans two of your grandchildren as orphans two very young children who are now five and eight who lost their father based upon what i can only find is one of the most senseless crimes i've ever seen in the over 30 years i've been a member of the utah state bar in the 12 years i've been a judge not only will these children never see their father again they'll never see their mother again and that is rightfully so as pertains to the mother participating in this plot you have sentenced your grandchildren and lucas and matt's brothers and mother to living a life without their father their brother their son you've sentenced your grandchildren to knowing that their grandmother their mother and their uncle deliberately plotted to and successfully killed their father the negative impact on their lives cannot be overstated the victim impact statements that we have heard today and that i've read today also clearly detail the impact of your actions on other members of your son-in-law's family as it stated today a grandmother is to protect her grandchildren you did anything but protect them for somebody that's gone through multiple divorces it is incomprehensible to this court how and why you didn't counsel your daughter to proceed forth a divorce rather than proceeding forward to a path of murder so the record is clear we have as your victims obviously matt rustelli your two young grandchildren lucas your son-in-law's mother diane and his two brothers paul and jonathan and their extended families your pre-sentence report shows you have nine prior convictions they clearly show you're someone who's experienced with the criminal justice system when i consider your rehabilitated needs i find that your danger to the community exceeds any rehabilitative needs that may be available in this court's view if you're so callous and uncaring as to plot the death of your son-in-law simply because your daughter did not want apparently to deal with the divorce courts in california the court has grave concerns that if you were ever released back into the community that you would take similar actions against those who testified against you in trial or other family members or members of our community for equally baseless reasons that they simply crushed you put another way in the court's view you're incredibly dangerous and your character and actions show that any rehabilitative needs are overcome by your willingness to kill simply for you or your children's convenience i was especially troubled by your denial in the pre-sentence report of your role in this murder on page seven of the pre-sentence report though we clearly see how carefully you worked in plotting the murder of matthew rustelli your internet history as you well know shows that on or about june 7th 2024 you did a search as to quote how old were dan markle's kids when dan was killed and katie magbanua second trial defense charts on june 16th 2024 you did a research on the internet for utah shoot break-in june 27th you did a search for the american fork city cemetery and on june 28th the alpine city cemetery those alone show your ties into this murder plot that the evidence that the court received in trial viewed in trial clearly shows that you are the mastermind behind the murder of your son in law with all these factors and the evidence of what occurred in this case i find it appropriate that the appropriate sentence to impose is the maximum sentence that i am allowed by law for each count therefore for count one criminal conspiracy a second degree felony i sent you to one to 15 years in utah state prison for count two murder first degree felony i sent you to the maximum term that i am allowed to impose by law of 15 years to life for count three obstruction of justice a second degree felony i once again sent you to the maximum term i'm allowed to impose by law of one to 15 years in prison for count four domestic violence in the presence of a child the maximum return that i can send it to you two is zero to five years and i do that for count five domestic violence in the presence of a child once again a second count for that i order you to serve zero to five years in the utah state prison based upon the factors that i have briefly gone over and the factors that i have read and heard in the victim impact statements they clearly overcome any letters that i received and read on your behalf and i find that it is appropriate that each and every count shall run consecutive to each other additional sentencing orders i'm issuing a continuous protective order you're to have absolutely no contact directly or indirectly with your grandchildren mr facemart you accept service of the protective order you do wish to have her served at the prison i accept service thank you i waived the fine as i fully anticipate that you will never be released from prison prison while you are alive however i am imposing a 53 court security fee for each count is required by statute you'll have to pay that off through your prison commissary or your prison fund benefits you are also not to have any contact with your co-conspirators your children unless allowed by the prison or the state parole board as required by law i note that you are given credit for the time you have served towards your sentence since your arrest pursuant to the stipulation i order you to pay restitution amount of ninety seven hundred dollars i will be joint in several now also hold it open for such future needs that we might have such as therapy for the children the court's sentencing minutes that should be will be sent to the parole board should indicate that this court recommends that you never be considered for parole in this court's estimation the evidence from trial clearly is established that you are incredibly dangerous and that the community will never be safe if you are released back into it that being said and for your victim's family i wish them to understand that i have imposed what we call in utah indeterminate sentences the state parole board will make the ultimate determination if you'll ever have parole under what terms and circumstances and when it shall be i have run each count consecutive to each other in an effort to show to the parole board how brave i consider your actions are and that you should not be considered for parole but that'll be up to them to the victim's family you will need to talk to the victim's advocate for utah county you do have the right to appear at any parole hearing if there's ever one that is determined by the parole board to be appropriate and any questions regarding that process they can answer for you this will be the final order of the court you have 30 days to appeal this decision of the court and the jury if you qualify and request the same a public defender will be appointed to assist you in your appeal any questions mr facemeyer no your honor mr watabi any questions on behalf of the state no your honor all right thank you we'll be [00:49:17] Speaker 4: thank you we'll be in recess all right