WILKES-BARRE — Angelina DeAbreu will spend the holidays in jail.
Luzerne County Judge David W. Lupas last week denied DeAbreu’s attempt at early parole but left the door open for her to reapply for early release from jail anytime after New Year’s Day.
DeAbreu, 32, pleaded guilty to covering up the deadly shooting of 14-year-old Tyler Winstead inside her Hill Street, Wilkes-Barre, home on April 5, 2012.
DeAbreu was not home when Winstead suffered a fatal gunshot wound to his chest.
According to court records, DeAbreu’s son, Elijah Yusiff, 15, was playing around with a .22-caliber revolver in her bedroom while his friend and neighbor Winstead sat on a bed. The handgun inadvertently discharged, with the round striking Winstead.
Yusiff and DeAbreu scrambled to make the tragic accident look like a mysterious drive-by shooting, carrying Winstead’s body to the curb outside the home and trying to hide evidence, court records say.
Prosecutors said DeAbreu cleaned up blood spatter, removed the gun and deleted cellphone information.
Because of his age, Yusiff was charged in juvenile court.
DeAbreu was charged with hindering apprehension and tampering with evidence.
In the middle of a jury trial in May, she elected to plead guilty to the misdemeanor charges.
Lupas on July 1 sentenced her to six months to one year in jail plus one year probation.
DeAbreu’s first attempt to modify her sentence was denied by Lupas on Aug. 14. She applied for early parole only to be denied by Lupas, who is allowing her to “file an appropriate petition for parole at a later date after serving at least the minimum of her sentence.”
DeAbreu, who had moved to Stroudsburg after the shooting, pleaded guilty to one count of tampering with evidence and two counts of hindering apprehension. six months ago.
“It’s a big misunderstanding,” DeAbreu said said when she pleaded.
“I (express) my deepest sympathy to (shooting victim Tyler Winstead’s) family, on behalf of me, my son … my family. There was no cover up … it was a big accident,” she said.
Defense lawyers said in May they were expecting her to get a probationary sentence, though the judge had the discretion to give her up to a year in prison.
Her son is being held in a juvenile detention facility on an undisclosed charge stemming from the shooting.