The following is a press release issued Friday afternoon by the Rock County District Attorney’s Office:
District Attorney David O’Leary announced that criminal charges would not be filed against Sarina Stone concerning the death of Robert Thomas, Jr. Based upon the investigation conducted by the Janesville Police Department, officers were dispatched to Mercy Hospital on 08/22/2018 at 12:36 a.m. concerning a stabbing victim. The investigation showed that Thomas died as a result of a single stab wound to the chest.
After having reviewed all the reports in this matter, the State could not meet its burden of proof (beyond a reasonable doubt) at trial. There is no question that Stone killed Thomas but the State lacks evidence that would prove that her actions were intended to cause death. While there is a viable theory of prosecution for reckless homicide, a jury would be entitled to hear more than enough evidence to support a claim of self-defense.
It is clear that Stone and Thomas had a months-long relationship that was often, perhaps daily, violent in nature. The investigation shows numerous prior instances of domestic violence by Thomas against Stone. There would be a significant amount of evidence that would support the argument that Stone was trying to defend herself when she killed Thomas.
Thomas presently has two criminal cases pending (18CM610 and 18CM611) in Rock County. In one of those cases Thomas is accused of battery to Stone and to another woman who tried to come to Stone’s defense. In the other, Thomas was combative with the police when they tried to arrest him for what appeared to be an act of prostitution committed by Stone which Thomas was alleged to have facilitated. A jury would be entitled to consider the details of Thomas’ prior criminal record which includes convictions for several violent offenses.
The Janesville Police Department spoke with several people who said they had seen Thomas hit Stone in the past, had seen her with bruises she said she got from Thomas and had heard him threaten her with beatings. There is at least one witness who would testify that Stone had told him that the Thomas had previously raped her. We also know that Stone was in a domestic violence women’s shelter on at least one occasion as a result of past abuse from Thomas. The investigation showed that Stone is 5’3” and 128 pounds and that Thomas was 6’2” and 180 pounds. Because we have no witnesses to the stabbing, the State does not have any witnesses to contradict a claim of self-defense.
Based upon the current state of the investigation, the State would not be able to prove beyond a reasonable doubt that Stone did not act in lawful self-defense; therefore, no criminal charges will be filed at this time.
