1 Year In Prison For Woman Who Admits Fracturing The Leg Of A 2-Year-Old Disabled Boy

MANCHESTER, NH - A Manchester woman will spend one year at the New Hampshire State Prison for woman for assaulting Mateo her boyfriend's 2-year-old disabled son.

Kayla Cubano was sentenced Tuesday to prison after entering a guilty plea and accepting responsibility for fracturing the child's leg.

The Hillsborough County Grand Jury in November 2020 indicted Cubano who was 25 years old at the time for first and second-degree assault resulting in fracturing the two-year-old leg.

After the assault EMS wasn’t called, and the child identified as Mateo was in agonizing pain according to court testimony. A doctor testified the injury was caused by significant force, and was similar to what could happen in a car accident.

Mateo’s Aunt went to the Laurel Street apartment after being notified by the child's Grandmother of the injury. The child was brought to the hospital and diagnosed with other issues including malnutrition, however, the assault is the only charge Cubano faced.

The child was removed from Cubano’s custody however she had another child after the assault and another child remains in her custody.

Prosecutors spoke of the pain, force, and significant trauma the child endured and asked for Cubano to spend 2 to 4 years in prison.

Defense attorney Pamela Phelan told the judge that Kayla has accepted responsibility and has gotten counseling, taken courses, and learned from the incident. She now realizes that she needs to reach out for help when needed.

Several people lined the benches in the courtroom behind Kayla showing their support for her including the biological father of her children.

The defense brought people from Easter Seals to speak about the progress Cubano had made and that she excelled in classes and counseling.

Honorable Judge William Delker was asked by attorney Phelan to sentence Cubano to 12 months at the Hillsborough County House of Corrections with 6 months suspended.

Attorney Phelan said that sentencing her to state prison is harsh and will cause significant difficulties in her future. In a statement written by Cubano but read by her attorney, stated she was overwhelmed and depressed.

Mateo is now 5 and was playing with his aunt in court while the sentencing was discussed. The grandmother now has full custody of Mateo.

Mateo's grandmother, Peg Gingras spoke and shared that Cubano had enjoyed a life of freedom the past three years, going on to have another child, while Mateo suffered.

Gingras said this case could have turned out like Elisha Lewis and Harmony Montgomery if the child hadn’t been removed from her care.

After listening to presentations from the defense and prosecution, Judge Delker took a recess to consider the presentations.

While on recess Cubano could be seen talking to her defense attorney, smiling and laughing.

When Judge Delker returned he said that there were compelling factors presented, and it is a difficult case. He said that siding with the recommended 6-month sentence does not send an acceptable message to deter future cases of abuse.

Judge Delker continued saying "What troubles me most about this is once you inflicted this injury, you did not say, 'Oh my God, what did I do? There's no doubt this child had to have been sort of in agony, in ultimate agony."

Standing as Judge Delker sentenced her to state prison she showed little emotion. People in the courtroom behind her could be heard crying, and some were visibly upset.

Cubano was placed in handcuffs and will spend her first night in custody at the New Hampshire State Prison for Women tonight.

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