Bustamante pleads guilty to murder

Alyssa Bustamante is shown in court on Dec. 8, 2009. Photo by The Associated Press.

Tuesday, January 10, 2012

At a half-hour hearing Tuesday morning, Alyssa Bustamante pleaded guilty to an amended charge of second-degree murder and a charge of armed criminal in connection with the Oct. 21, 2009, death of Elizabeth Olten.

During the hearing before Cole County Presiding Judge Pat Joyce, it was explained that this was not a plea bargain. The state is still arguing what punishment Bustamante will face.

By law, she faces a range of 10 to 30 years or up to life in prison on the second-degree murder charge. For the armed criminal action charge, she could face three years up to life in prison.

During the hearing, Joyce asked Bustamante how she killed Olten.

“I strangled her and stabbed her in the chest,” Bustamante responded. She said she used a knife as the weapon.

When asked by Joyce, “Did you also cut her throat?”

Bustamante said, “Yes.”

The almost 18-year-old was dressed in a green prisoner’s jumpsuit and showed little emotion during the proceeding. The courtroom was packed with heavy security inside and outside of the Cole County Courthouse.

Family members including Olten’s mother, Patty Preiss, were in attendance, wearing shirts with Olten’s picture on the front.

Patty did not take her eyes off Bustamante while the proceeding occurred.

Joyce has set aside Feb. 6 and 7 for the sentencing hearings.

Bustamante’s lawyer, public defender Donald Catlett, said they will present evidence, including her mental condition at the time of the crime, at the hearing.

Cole County Prosecutor Mark Richardson said he plans to have at least six witnesses testify during those proceedings.

ADDITIONAL COVERAGE FROM THE ASSOCIATED PRESS

By DAVID A. LIEB

Associated Press

JEFFERSON CITY, Mo. (AP) — A Missouri teenager who told authorities she wanted to know what it felt like to kill pleaded guilty Tuesday to murder, telling a judge that she strangled a 9-year-old neighbor with her hands, stabbed her in the chest and cut her throat with a knife.

Alyssa Bustamante pleaded guilty to second-degree murder and armed criminal action in the Oct. 21, 2009, killing of Elizabeth Olten in St. Martins, a rural town just west of Jefferson City. The plea avoids a trial that had been scheduled to start later this month.

At Tuesday’s hearing, Bustamante looked down, her long brown hair covering her eyes, as the judge read out the amended charges and asked her if she understood she was giving up her right to a trial. She replied, “yes.”

Cole County Circuit Judge Patricia Joyce then asked Bustamante to describe what she did.

“I strangled her and stabbed her in the chest.” Bustamante said in a clear voice, looking straight at the judge.

“Did you cut her throat too?” the judge asked.

“Yes,” Bustamante responded.

Bustamante, who is to turn age 18 on Jan. 28, was 15 at the time of the slaying and lived just a few homes down the road from Elizabeth. She told the judge Tuesday that she knew what she was doing when she strangled Elizabeth with her hands and used a knife to attack her. Upon hearing that confession, Elizabeth’s mother Patty Preiss — who was sitting in the courtroom just a few feet away — took a deep breath and dabbed her eyes with a tissue.

Preiss wore a purple shirt with her daughter’s picture and the words “Justice for Elizabeth.” She left the courthouse without talking to the media.

Prosecutor Mark Richardson declined to comment after Tuesday’s hearing, noting the case is ongoing.

The judge set a Feb. 6 sentencing hearing. Bustamante would have faced life in prison without parole if convicted of first-degree murder. But by pleading guilty to a reduced murder charge, Bustamante could eventually being released. The punishment for second-degree murder ranges from 10-30 years in prison or life with the possibility of parole. The judge said the armed criminal action charge is punishable by three years up to life in prison.

Bustamante’s attorney, Charlie Moreland, said in an interview that Bustamante decided to plead guilty because “she wanted to take responsibility for it.”

“This is the result we would have asked the jury to agree to,” Moreland said. But her punishment will now be decided by a judge instead of jurors. “It’s a very difficult decision for whoever has to make the decision. What is the appropriate punishment for a 15-year-old girl with her history and her background and the situation as it was?”

Bustamante’s grandmother, who had been her legal guardian, left the courthouse without commenting to reporters.

Juvenile justice officials testified at a November 2009 hearing that Bustamante had attempted to commit suicide at age 13 after receiving mental health treatment for depression and cutting herself. Witnesses at Bustamante’s adult certification hearing described her as a bright girl who ranked roughly in the top third of her class at Jefferson City High School. She had not been in trouble at school or with the law before her arrest in Elizabeth’s killing.

At that 2009 hearing, prosecutors said Bustamante had plotted Elizabeth’s death, even digging two holes to be used as graves, then attending school for about a week while waiting for the right time to kill.

Missouri State Highway Patrol Sgt. David Rice testified that the teenager confessed to the slaying and led authorities to Elizabeth’s body. Rice said Bustamante told him “she wanted to know what it felt like” to kill someone.

Hundreds of volunteers searched for two days for Elizabeth before her well-concealed body was found in the woods near her home.

FAMILY OF SLAIN MO GIRL DISAPPOINTED BY PLEA DEAL

JEFFERSON CITY, Mo. (AP) — Relatives of a slain 9-year-old Missouri girl are disappointed by a plea agreement that could allow her confessed killer to be released from prison someday.

An attorney for the mother of Elizabeth Olten says the family does not believe justice was fully served Tuesday when Alyssa Bustamante pleaded guilty to killing the girl in October 2009.

Bustamante originally had been charged with first-degree murder, which carries a sentence of life in prison without parole. She pleaded guilty to an amended charge of second-degree murder, which is punishable by 10-to-30 years in prison or life with the possibility of parole. A sentencing hearing is set for Feb. 6.

Attorney Matt Diehr (DEER) says Elizabeth’s mother and other relatives plan to “continue to seek justice” by any legal means available.

More like this story

newone 1 year, 4 months ago

2nd degree murder is bad enough considering she planned this murder from day one, but if this judge doesn't give her life in prison than my faith in the system is gone!

tryingtounderstand 1 year, 4 months ago

I agree, I mean really? Do we need plea bargains when we have all the evidence? Taxpayers pay for these year long losses, when its "PROVEN" without a trial the person is guilty. So taxpayers pay for the criminals to play while someones loved one is gone!

marcopolo 1 year, 4 months ago

Obviously you don't have a signal spec of wisdom. They offered this bargain for a reason, and a not a signal wise human believes it's because of costs. Mark Richardson even said he would pursue this regardless of costs and would never offer a plea bargain, this paper and krcg both quoted that when Alyssa was ruled an adult. Obviously they thought they stood at least a decent chance of losing the case if it was brought before a jury, thus they offered a plea. Honestly this is the best of a bad situation, the confession and thus her leading them to Elizabeth's body (fruit of the poisonous tree) was thrown out of court, which sent a major blow to the prosecution. All this obviously stems for bad FBI/Police/Juvenile work. They are the ones who caused the problems with the case and thus wholly shoulder the responsibility of this plea bargain

Also "tryingtounderstand" the whole point of a trial is to prove guilt/innocence, nothing has been proven yet. People ignorant of the legal system should not insult it.

muleman 1 year, 4 months ago

S i g n a l ?

online_editor 1 year, 4 months ago

Here's a general reminder for everyone. Our forum guidelines encourage discussing the issues. It's permissible to challenge other people's opinions and defend your own, but in doing so, please avoid directing any personal insults or attacks toward other participants. Thanks. --Rick Brown, online editor, News Tribune

Mr_Grimm 1 year, 4 months ago

"Life" is only 25 years if I'm not mistaken, not including if parole is left on the table. I was always told if called for jury duty to assign a number of years for something like this instead of "life". unless its life without.

this girl is messed up in the head and needs to be off the streets permanently.

1957 1 year, 4 months ago

This is truly a sad day in Mo.one child gone physically and one child gone mentally . We need prayer for all of our children.

herekitty 1 year, 4 months ago

Life isn't good enough! She took that little girls life, she needs to pay with her's.

hbic 1 year, 4 months ago

Shocker...................NOT!!!!!

jcmom69 1 year, 4 months ago

I know who WON'T be getting my vote for re-election!

5 1 year, 4 months ago

I dont think we need to turn this in to a political thing . It's not mark richardsons fault the confession was thrown out the juvenile officer should not have questioned her

Mr_Grimm 1 year, 4 months ago

CORRECT, they should have SHUT UP! it wasnt their job to ask questions, only be present during questioning. dont over step your bounds hoping to be a big shot and let the people who are supposed to do their jobs do it!

jcmom69 1 year, 4 months ago

I was referring more to Judge Joyce, however neither one will have my vote!

AFfalcon 1 year, 4 months ago

Lack of judgement is more like it. I believe when they were asking the questions they were still in a search mode for possibly a living victim. The juvenile officer merely said do the right thing? Come on, you still had all the physical evidence and she led them to the body when the search found nothing. I would say that trumps any marginal questioning. Richardson was quoted as giving no deals and I think the family would have rather took the risk.

Mr_Grimm 1 year, 4 months ago

I'm not defending Richardson. But my understanding was the confession, and everything stemming from it was thrown out. It just aggravates me that someone who was not supposed to get involved ruined a lot of hard work by a lot of good people. I agree what she said was minor, but its impact wasn't.

JCLifer 1 year, 4 months ago

Maybe if we get some more young professionals in this town, we'll get some attorneys who can do a better job at handling cases bigger than an expired parking ticket.

JMO 1 year, 4 months ago

The law, and especially a criminal case, is more complicated that the general public knows. It's very easy to say the prosecutor is a coward or the judge shouldn't have taken the plea, but unless you are involved in the legal process itself, you truly don't know. The exclusion of the confession creates more problems than just the suppression of the statement itself. Could the prosecution overcome those problems? Maybe. But they had to believe there was a substantial possibility otherwise. I think it's terribly unfair to throw blame on the attorney and judge unless you are privy to all the evidence.

Just because a person is most likely guilty doesn't mean they get convicted. Remember Casey Anthony? Remember OJ Simpson? Those are just two famous ones. Guilty people walk every day.

I'm not a person who's soft on crime. I'm a firm supporter of capital punishment. But it may very well be that they've made the right move in this case. This girl's life is pretty much over. And she was a girl. A twisted, sick girl, but not a grown-up just the same. With the plea, she has admitted her guilt. She will be punished. It might not be as severe a punishment as some would want...but no legal punishment would be enough for some who want her drawn and quartered.

3DMom 1 year, 4 months ago

Thank you for being a calm voice in this storm, JMO. I've watched this case over the last 2 years and the vileness I've seen from some posters has been unbelievable. Alyssa will have her punishment. It's not up to the public to decide what that is; that's what we have a legal system for. I know a lot of people don't like it, but it works even when you disagree with it.

My heart breaks for Elizabeth's family, but it also hurts for Alyssa and hers. This was a child, no matter how you personally feel about her and somewhere in her life something went profoundly wrong.

tonto_goldberg 1 year, 4 months ago

It makes me wonder about humanity. How long will it take people to understand that retribution is not justice? You, JMO, and Graceful seem to understand what is happening. The rest of the mob is ready to get out pitchforks, torches, and a rope.

tonto_goldberg 1 year, 4 months ago

Let's add gofish to the short list of people who understand.

JCLifer 1 year, 4 months ago

Add me too! I have always said she is innocent until proven guilty.

I have a hard time believing that the law who says she is too young to make decisions about drinking, voting, entering into contracts, having sex, etc. is also the same law that says she should be tried fully as an adult-- that even though she was considered a child for most things, all of a suddent she committed a crime as an adult. I am not saying she didn't do it or that she is innocent-- that is up to the judicial process to determine.

The real tragedy here is that TWO little girls and their families were harmed that day. Both of them "lost their lives" so to speak.

The angry mob seen here is just indicative of the mentality of the Jefferson City people who lack education and wisdom to see the bigger picture in all things,. and to consider others as well as things that are bigger than they are (like the law). I am a 5th generation JC'er, and it makes me sad that every day I am more and more ashamed and disappointed of the place I call home. This town did not always used to be so evil and selfish. I pray for both families and for Alyssa, as well as the rest of the community that someday we may all learn from this, and someday we may become more than the hateful little town we are, and that we may someday rise to our potential-- which is so much more than we are now.

tonto_goldberg 1 year, 4 months ago

OK. You, too.

gofish 1 year, 4 months ago

Graceful? Is Alyssa evil? Or her behavior?

gofish 1 year, 4 months ago

What do you do with a messed up 15 year who commits murder? How do you say "justice is or isn't served?" I suppose it depends on how you define justice. Punishment, revenge, rehabilitation, and deterrant are some words that come to mind. I don't think you can "throw the book at her" in sentencing Alyssa for 2nd degree murder simply because you lost the ability to convict her of 1st degree murder. I wish we could all read the rest of the story behind this case and not be left to speculate with the too few details that have been released to the public. I'd like to think that somewhere down the road Alyssa will have the opportunity to prevent a future murder by speaking to another troubled youth who has mayhem on their mind. Perhaps she will have the opportunity to reverse the fate of several youth so that it gives Elizabeth's tragic death as much meaning as her young life. At this point you can only hope that somehow, something good emanates from this mess. Perhaps the judge will consider what good can still be done when she makes her sentencing decision. I think we're all full up on the bad.

Bucky 1 year, 4 months ago

I am not too interested in the retribution aspects of her sentencing. I think the bigger question is whether society is safe. A young girl who kills without any discernible remorse sounds to me like a serial killer who got caught with her first victim. In a way, we got lucky. So, if she is let out on the streets why won't she kill again? Whenever she gets set free, 10, 20, 30 years from now, will she just start looking for victim #2 (assuming she doesn't kill someone in prison)?

JCLifer 1 year, 4 months ago

Hell no, society is not safe. Look around you! There is crime everywhere! This community is full of drugs, violence, robbery, shootings, burgleries, assaults, rapes, etc. This town has gone to the dogs, and all the authorities can do is to hire more meter maids and get the police some nice SUVs to drive around and burn up gas. You never see a cop out in the bad neighborhoods walking the beat. Everyone knows where the drugs and the thugs live, but the authorities never do anything about it. They set up more and more speed traps on the expressway and city streets, meanwhile the drugs pour into our town and our children know exactly where to get them.

You should be very afraid. Not just of Alyssa if she ever gets out, but you should also be afraid of all the whacked out nutjobs driving around in Jeff City right now. This town is full of crime, and no one wants to even acknoldege it.

Bucky 1 year, 4 months ago

And this has what to do with how she should be sentenced?

JCLifer 1 year, 4 months ago

That is the court's responsibility. Not yours. Not mine. Not even the angry mob's.

Bucky 1 year, 4 months ago

Oh, I see. I just needed to go back and reread your response and now it makes perfect sense. You seem conflicted. On the one hand, you are angry that there is so much crime and no one is doing anything about it, but on the other hand, you think someone who admitted to stabbing, strangling, and slashing a little girl to death just to see what it feels like is "innocent until proven guilty" (from an earlier post you made) and anyone who feels otherwise is part of an angry mob. Guess you can have it both ways.

tonto_goldberg 1 year, 4 months ago

I think JCLifer has described you pretty well above.

Innocent until proven guilty is a lot easier to say than to feel but it is fundamental and without it we are barbarians.

Sequoia 1 year, 4 months ago

There is nothing inconsistent about advocating for more cops on the beat and also standing by the idea of "innocent until proven guilty," which is one of the fundamental assumptions in our society. Indeed, the pro-active community policing that Lifer seems to be advocating is much more effective at deterring crime than harsh sentences after the fact.

Bucky 1 year, 4 months ago

The point here is that she has been found guilty. She plead guilty. She is guilty. All of those who feel for her should consider offering her a job babysitting your daughters when she gets out. If you are like me and would never let her near my children or grandchildren, why do you think justice would be served if she was set free to kill someone else's child? Psychopaths don't get rehabilitated. Ever.

JMO 1 year, 4 months ago

I’m not defending Alyssa in any way here. What she did was evil, horrible, and incomprehensible to most people. Although, I suppose you could say that about any murderer. She’s not crazy, in the legal sense. She knew it was wrong and what she was doing. But something has to be seriously wrong with her. Normal 15 year old girls worry about boys and friends and school. They get angsty about life and love and think the world is unfair. They slam their doors and gripe that their parents are jerks who don’t understand them. Sometimes they drink, or smoke or even have sex, far too young. They sometimes wonder if the world would be better off without them. But what normal 15 year old girls don’t do is fantasize about murder and decide to find out what it feels like to kill a child. Alyssa is not normal and she needs help. It could be that there is no help for her. She may be beyond all redemption. But I think that she’s too young to say that with any certainty. More than one child’s life was lost here. She destroyed her own as surely as she did poor Elizabeth’s. I can’t honestly say I feel sorry for Alyssa, but I feel sorry for both families. There are no winners in this one.

tryingtounderstand 1 year, 4 months ago

Bottom line is what would we "ALL" feel or want if this was your daughter that was gone, and another possibly going to get off for less? No disrespect to the prosecutor at all, but If you research things for example, to get caught with windows too dark is a 92 dollar ticket,.in which is a fund raiser law anyway, i mean they approach cars from the rear, but it's legal to have limo tint in the rear of vehicle, in which is when and where most of the time a criminal is or going to use this a window of opportunity but to not wear a seatbelt is $10? And personally having had worked in this system the main ones who make the laws, bend and break them. Wasn't it Mark Richardson that was over 100k behind in child support payments, but was filling the jails with others who hadnt paid, or were less behind then he was? Do the research. I voted for this man and to find out WOW, for real, but its money and politics that rule or should i say over rule. The true entity is like one mentioned earlier, a baby is gone, and one just a little older is about to be. In jail or not, it's not gonna bring the other back. But again I ask if this was "YOUR" child or loved one, would you be so relaxed to legal changes or seemingly, NOT PROVEN, but seemingly offers just to get the case closed. God bless us all and watch over us all, this is not an answer, an answer is to learn how to be able to deal with our kids. BEFORE the good ole child abuse system took over jails weren't as full!!!! And before someone takes this for a ride I despise whoopings got more than my share, but If my child is needing a touchup, but the law says dont touch them, but you're responsible for them??? oh and by the way at 16 they can quit school etc, this is what's killing our kids. Facebook, My space, name brands, TV, All beyond the true love and time our children need.

Gabrielle 1 year, 4 months ago

tryingtounderstand: it seems that we all are trying to understand - it borders on incomprehensible. I cannot fault someone for feeling intense emotions and wanting death for this child. Nor do I find any fault for one who is at the other end of the spectrum - so to speak. People deal with things differently.

Also - i cannot make that same reach that you do - connecting the child abuse system with how full prisons are. It sounds like you are saying whoopings decreased and the prisons filled up. There are connections about childhood that are common amonst those imprisoned. The thing is there are also those who have had similar childhood experiences and are productive members of society. I really question the value of considering the convicted's childhood when sentencing. What is important to me is rehabilitation. It takes alot of evaluation to really know to what degree this is possible.

Gabrielle 1 year, 4 months ago

self correction: IT IS INCOMPREHENSIBLE!

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