Tammy Felbaum sentenced to 5 1/2 to 11 years in jail
The defense attorney for the woman convicted of killing her husband as a result of a botched castration argued for leniency during her sentencing hearing Wednesday because she is "a special person."
Richard Goldinger, one of two court-appointed defense attorneys for Tammy Felbaum, argued yesterday before Butler County Common Pleas Judge William Shaffer that Felbaum has suffered a lifetime of persecution because she is a transsexual.
"We know Tammy Felbaum is a special person," Goldinger said. "She has spent an entire lifetime of finger-pointing, snide remarks and being treated as a second-class citizen. She is a minority."
Tammy Felbaum, 43, of Marion Township, Butler County, was sentenced yesterday to 5 1 / 2 to 11 years in prison for the botched castration and overdose death of her sixth husband, James Felbaum. She was ordered to pay $1,247 to the family of James Felbaum.
The maximum sentence Tammy Felbaum was facing was 20 years.
Goldinger argued for her to be sentenced to four to seven years because of Tammy Felbaum's "minority status" and because James Felbaum was a willing participant in the circumstances surrounding his death.
James Felbaum died Feb. 25, two days after Tammy Felbaum removed his testicles in their filthy trailer, which did not have running water or a working toilet.
Dr. Karl Williams, a forensic pathologist with the Mercer County coroner's office, testified at Tammy Felbaum's trial that James Felbaum died from a lethal combination of the prescription painkiller OxyContin and the amateur castration.
Tammy Felbaum was born a man and was named Thomas Wyda but underwent a sex-change operation several years ago after a self-castration.
She was convicted by Shaffer on Dec. 14 in a nonjury trial on charges of involuntary manslaughter, aggravated assault, recklessly endangering another person and practicing a medical procedure without a license.
Yesterday, Tammy Felbaum, who was dressed in a navy blue prison uniform, made a brief statement to Shaffer before she was sentenced.
"I loved my husband very much. I don't deserve this," Tammy Felbaum said.
After the hearing, family members of James Felbaum and a former neighbor of Tammy Felbaum said they were displeased with the sentencing and did not agree with Goldinger's argument that Tammy Felbaum should receive leniency because she is part of a minority group.
"She ain't no special person," said Nadine Felbaum, former wife of James Felbaum. "She didn't get what she deserved. She's lived her life hurting a lot of people."
Susan Badaracco, who had been a neighbor of Tammy and James Felbaum, said she is afraid of the prospect of Tammy Felbaum moving back into the couple's trailer when she gets out of prison.
"She's terrorized our neighborhood. I can only hope that her home would be sold in a sheriff's sale," Badaracco said.
Butler County District Attorney Timothy McCune said the sentencing of Tammy Felbaum was what he expected.
"It was within the guidelines. It was pretty standard," McCune said.
McCune had asked Shaffer to include assault with a deadly weapon — the scalpel used to perform the castration — as part of the aggravated assault conviction. Shaffer denied the request, which would have added another year to her sentence.
McCune had a response for Goldinger's argument that Tammy Felbaum deserves special treatment because of her minority status.
"Honestly, that's utter nonsense," McCune said. "She chose to live the drug life and perform surgery on James Felbaum. That's why he died."
Tammy Felbaum currently is in the Butler County Prison and already has served 352 days in jail. There has not been a decision of where she will serve her sentence.
Terri Schultz, Tammy Felbaum's other defense attorney, said she and Goldinger will appeal the sentence. Schultz and Goldinger earlier appealed Tammy Felbaum's conviction, but that appeal was denied by Shaffer.
