Merrimack Woman to Serve 2-5 Years for Assault

A Merrimack woman will serve a two to five year prison sentence after pleading guilty to two counts of second degree assault during a sentencing hearing in Hillsborough County Superior Court in Nashua on Thursday morning. Following her release from prison, she is banned from stepping foot into Milford.

Stephanie Kenyon, 24, of 20 Wintergreen Drive, was set to stand trial at the end of May on charges of attempted murder in an attack on Sandra Gross of 123 South St., Milford on April 13, 2011. Just before the jury selection was set to begin on May 29, Kenyon's attorney brokered a plea deal that would allow her to avoid trial in exchange for a guilty plea on two counts of second degree assault.

Kenyon stabbed Gross, a Nashua Transit System driver, in the chest, abdomen and leg during the attack. The wound to Gross' abdomen caused pancreatic complications that required a week's stay in Massachusetts General Hospital following three days at Southern New Hampshire Medical Center. According to a story in the Nashua Telegraph, a fund was set up by Gross' coworkers last April to help her pay her medical bills.

Each charge carries a maximum penalty of 3½ -7 years in prison or a $4,000 fine, but two sentences, of 2-5 years and 2½-5 years, were requested and agreed to by Judge Jacalyn Colburn during Kenyon's hearing.

On the charge of stabbing Gross in the abdomen, Colburn sentenced Kenyon to 2-5 years in the women's prison in Goffstown with a credit of 422 days served since her April 2011 arrest. A second jail sentence, of 2½-5 years for the assault charge related to the stab wound to Gross' chest, was suspended for five years after Kenyon is released from prison, pending good behavior.

Colburn, however, was not confident Kenyon would be able to stay out of trouble.

“I'm going to be frank with you, I'm not 100 percent optimistic you that you will be successful on parole,” Colburn said. “You have not demonstrated a particularly good track record when it comes to following the rules and now is the time for you to start taking things very seriously.”

Kenyon has reportedly remained in contact with her boyfriend, Joseph Randolph, Gross' son, despite a bail condition to refrain from contact with anyone in Gross' family.

“You didn't follow any of the bail conditions and it's pretty clear the state could have prosecuted for continued contact with your boyfriend or former boyfriend, whatever the status is," Colburn said. "You didn't follow the rules very well, which is why you're still in jail.”

Colburn told Kenyon she will have a set of rules to follow from her parole officer when she gets out and if she can't follow those rules, she will return to prison.

During an statement of the facts that would have been presented during the trial, prosecutor Leslie Gill gave details about the case that were not publicly known.

Kenyon was dating Randolph at the time of the attack last April. She had previously lived in Sandra and Robert Gross' home but had been asked to stay away.

On April 13, Kenyon admitted to police that intended to slash the tires of Sandra Gross' truck but instead became involved in an altercation with Sandra and and her husband, Robert Gross.

Witnesses who would have been called to testify included neighbors and passers-by who heard and then saw parts of the altercation.

Gill said one witness would have testified to the fact that they saw Kenyon being beaten up by the Grosses, and police would have testified to the fact that Kenyon did have cuts and bruises from the fight.

Another witness would have testified that they heard Kenyon provoking the argument.

Kenyon told police that day that she had stabbed Sandra Gross during the altercation because she'd been attacked by the Milford couple. Kenyon told police she'd been in her car trying to leave and Sandra Gross came and pulled her from the vehicle.

Sandra Gross, who was stabbed six times, told police Kenyon had come to the house looking for trouble despite being warned multiple times to stay away.

Kenyon had been released earlier that day from jail after serving a sentence on drug charges. Instead of reporting to her probation officer as she was supposed to, she went to the Gross' residence.

Kenyon will serve the remainder of the 12 month sentence that had been suspended in that case, concurrently to the time she is serving for her assault convictions, with a 335 day credit for time served.

Additional conditions set in Kenyon's sentence include more than $2,000 in restitution to the state and restitution to Gross in a to be determined amount. She is ordered to stay out of the town of Milford altogether and she is prohibited from contact of any kind with Gross and her family, with the exception of Randolph if he so desires.

Kenyon's attorney, Justin Shepherd, told the court he and his client were satisfied with the terms of the sentence and he has every reason to believe that Kenyon will be successful following her release from prison.

He said Kenyon has served a significant time in jail already and has been taking classes while there.

“She's matured in the last 14 months and she's ready to move on with her life,” Shepherd said.

Sandra Gross, who was in attendance at the hearing with her husband, her son and her mother, declined to make a statement during the hearing. Her husband declined comment from the family while leaving the courtroom following the hearing.

During her sentencing, Colburn told Kenyon she was lucky.

“You are very lucky. I understand you had a self-defense claim and I understand there is a lot of history between you and Mr. and Mrs. Gross but this was a very violent act and you're lucky you didn't kill her, in which case you would never have gotten out of prison if it had been proven.”

Addressing Gross at the hearing, Colburn apologized to her for having to endure this ordeal.

“Mrs. Gross I'm very, very sorry for what you went through. Obviously that was a pretty traumatic event and I can only imagine how difficult it is to have to continue to deal with your son given the nature of the relationships amongst you all,” Colburn said. “There's no magic sentence in any case. The fact that Ms. Kenyon is taking responsibility is an important first step ... Maybe this will bring some closure and you can all get on with your lives.”