Oswego, NY – This morning (Feb. 26), the Hon. James Metcalf, Acting Oswego County Court Judge, sentenced Robert F. Moshier of Oswego to 5 to 15 years in state prison based upon his conviction for Manslaughter in the Second Degree, as well as 6.5 years and 3 years post-release supervision upon his conviction for Assault in the Second Degree.
Five to 15 years represents the maximum sentence on the Manslaughter 2nd conviction. The maximum sentence for the Assault 2nd charge is 7 years.
Moshier previously pleaded guilty to these two felony offenses on January 29.
Attorney Richard Mitchell, Jr. of Oswego represented Moshier throughout the proceedings.
At the time of his plea, Moshier admitted that he recklessly caused the death of his wife, Theresa Moshier, by placing his arm around her throat in order to restrain her. Moshier acknowledged that his actions caused the injuries that resulted in his wife’s death, although he maintained that he did not intend to kill her.
By operation of law, the sentences will run concurrent, resulting in an aggregate sentence of 6.5 to 15 years. Moshier will receive credit for the 6 months he has been incarcerated since his arrest, so he’ll have to serve approximately 60 additional months before he is eligible for parole.
Moshier was arrested on August 15, 2013, the night of the offense, by the Oswego County Sheriff’s Department. Deputies responded to the Moshier residence in the Town of Oswego as a result of a 911 call. On arrival, deputies found that the victim showed no signs of life, and a responding paramedic pronounced her death at the scene.
At sentencing, the victim’s mother fought tears as she told the court about the thoughtful and caring nature of the victim, who earned a master’s degree in business and worked two jobs to provide for husband and two children.
Additionally, she spoke about her daughter’s volunteer work with a local ambulance corps, which led to a paid position with Menter’s Ambulance service.
At sentencing, District Attorney Gregory Oakes noted that women are more likely to be killed by a spouse or intimate partner, and such deaths often occur when the woman tries to leave the home.
Responding to prior statements of Moshier that his wife’s death was an accident, Oakes said, “When you place your arm around a person’s neck and squeeze, that is not an accident.”
Oakes stated that the manslaughter conviction was appropriate, as her death was the likely and foreseeable consequence of the defendant’s conduct.
Moshier elected not to speak on his own behalf at sentencing, instead letting his attorney make a statement to the court.
After sentencing, District Attorney Oakes stated, “The word ‘tragedy’ doesn’t begin to describe this case. My heart goes out to all of the surviving family. Theresa was a kind and generous soul, and her death is a loss to our community.”