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Updated Jan. 30, 2007, 12:21 p.m. ET
Jurors find college student guilty of killing and dismembering woman, sentence him to 55 years


AUSTIN, Texas — A district court jury convicted a University of Texas student of murder Monday, rejecting his defense that the shooting of a young female friend occurred accidentally while he was drunk and high on drugs.

In separate deliberations later in the day, the same panel recommended that the student, 24-year-old Colton Pitonyak, serve 55 years in prison. The judge who presided over the trial immediately imposed that sentence.

Pitonyak, a former National Merit Scholar described as the one-time "shining star" of his all-boys Catholic high school in Little Rock, Ark., will be eligible for parole at age 51, when he has served half the sentence.

Asked by Judge Wilford Flowers if he had anything to say before sentencing, Pitonyak bowed his head and said quietly, "I want to apologize to everyone here."

Pitonyak was convicted of murdering Jennifer Cave, 21, in his apartment Aug. 17, 2005. The victim's mother, Sharon, who testified in both phases of the trial, greeted the sentence with tears and a smile.

"We are very, very happy with the verdict," she said afterwards.

Pitonyak sat stone-faced through both verdicts and through the testimony of a half-dozen witnesses, including his parents, who asked jurors for leniency.

"I believe with everything that I am that Colton could not and would not have harmed his best friend in the world," Pitonyak's mother, Bridgett, testified through tears.

During his testimony last week, Pitonyak called Cave "my best friend" and said he was in an alcohol and Xanax-induced blackout that left him with no memory of firing a bullet into her chest.

Sharon Cave said she was "very, very happy" with the verdict.
Sharon Cave said she was "very, very happy" with the verdict.

His defense was dealt a blow early Monday morning when, in advance of closing arguments, the judge ruled jurors could not consider lesser charges of manslaughter or criminally negligent homicide as alternatives to a murder conviction. Beginning in jury selection, Pitonyak's attorneys had sought to convince the jurors that the lesser charges, which do not require a specific intent to do harm, were more appropriate.

Without those options, jurors faced a stark choice between intentional murder and a complete acquittal.

In her summation, prosecutor Stephanie McFarland told jurors they had only to look at the treatment of Cave's dead body for evidence of his state of mind toward her.

The body of Jennifer Cave was found Aug. 17.
The body of Jennifer Cave was found Aug. 17.

Her corpse, partially dismembered and pierced with stab wounds, was discovered in the bathtub of Pitonyak's apartment the same day he fled to Mexico.

"He sawed her head off. He sawed her hands off. He stabbed her in the face. He stabbed her in the chest," the prosecutor said. "If they mutilate the person's body, it tells you a lot about their intent toward that person."

Another prosecutor, Bill Bishop, ridiculed Pitonyak's testimony that it was his lover and fellow college student, Laura Hall, who took the lead in a botched attempt to cut up and dispose of the victim's body. The prosecutor noted that DNA around the body belonged to the victim and Pitonyak, not Hall.

"She managed to do it without leaving any DNA. She's an absolute genius," Bishop said in a mocking tone.

Hall faces hindering apprehension charges at her own trial later this year for driving Pitonyak to Mexico in her Cadillac. She invoked her Fifth Amendment right against self-incrimination and refused to testify.

Defense attorneys argued that Pitonyak may have accidentally discharged his 9 mm gun while trying to clear a round from the chamber. One of his lawyers, Sam Bassett, took pains to tell the jury he personally found the treatment of Cave's body disgusting. Turning away from the jury box and toward the defense table, Bassett said, "Colton, that conduct is inexcusable."

But, he added, that "repulsive behavior ... does not answer the question, 'Did he mean to kill his friend?'"

Jennifer Cave's family gathered after the verdict.
Jennifer Cave's family gathered after the verdict.

The jury of seven men and five women deliberated just an hour and 25 minutes before returning a guilty verdict. As the foreman pronounced the word "guilty," a cry of joy rose up from the gallery, where the victim's mother, siblings and 20 other friends and relatives were seated. Cave's ex-boyfriend, Scott Engle, clapped twice and thrust his fists in the air.

Pitonyak remained expressionless and calmly sipped water from a Styrofoam cup.

During an hour-long penalty phase, Cave's mother, Sharon, brought many of her supporters to tears as she recounted the effects of her daughter's murder.

Sharon Cave broke down as she recalled Jennifer's death.
Sharon Cave broke down as she recalled Jennifer's death.

"I take antidepressants now. Sleep is a hard thing to come by," she said, dabbing at her eyes with a tissue.

She recalled her daughter, one of her four children, as the "bond" that kept the family together.

"Jennifer was everybody's favorite," she said prompting sighs and laughs from her sisters, brother and other relatives.

Cave, a petite redhead who had struggled with drugs since dropping out of college, was killed the day after she had landed a good job as an assistant at a law firm. Friends said the job appeared to be the first step in turning her life around.

The witnesses who took the stand on Pitonyak's behalf described a young man whose life was on the opposite trajectory. As a high school student, he had earned straight As.

His algebra teacher told jurors that Pitonyak's lowest grade was a 98 percent. A classmate, Louis Petit, described him as performing at "an almost genius level" and another friend, Ben Smith, told jurors he seemed destined for success.

"If you asked anybody, he had one of the brightest futures, and I mean, he was a good guy," he said.

Both classmates, however, said that in recent years Pitonyak's drug addiction made him unrecognizable.

"He was not the Colton that I knew. He was very solemn, very reserved, a definite change," Petit said.

Bridgett Pitonyak, Colton's mother, cried on the stand.
Bridgett Pitonyak, Colton's mother, cried on the stand.

His parents, Eddie and Bridgett, read statements detailing Pitonyak's childhood and his academic successes, which included admission to the university's prestigious business program and a partial academic scholarship.

Eddie Pitonyak, however, caused grumbling in the gallery when he spoke of his sorrow for "the accident with Jennifer." Bridgett Pitonyak addressed the victim's mother directly from the witness stand.

"I only met Jennifer once, but she was lovely," she said.

Sharon Cave, however, lowered her head and shook it in a slow, "No."

Defense attorney Roy Minton asked jurors to sentence Pitonyak to no more than 20 years in prison.

"This boy is salvageable," he said.

Prosecutors asked for a life sentence. Under state law, the jury could have sentenced him to as short a term as probation and as long a term as 99 years.

The jurors returned with the 55-year recommendation after two hours of deliberations. Sharon Cave's boyfriend, Jim Sedwick, who found the victim's body, noted outside court that there was only a two-and-a-half-year functional difference between the jury's sentence and the life term. In Texas, those sentenced to life are eligible for parole in 30 years.

Pitonyak's parents left court shielding their faces. His attorneys said they planned to appeal the judge's exclusion of lesser charges and other issues.

Trial highlights can be seen on Court TV Extra.



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