PROVO — A woman accused of stealing more than $34,000 from her boss and then shooting her in the back of the head to cover up her scam signed a plea bargain Monday that prosecutors called a bittersweet victory.
Kerri Fae Brown, 43, pleaded no contest to the second-degree felony charge of manslaughter for the death of Mina Pajela, as well as the second-degree felony charge of theft by deception. Each charge carries a sentence of 1 to 15 years and a possible fine of up to $10,000.
By pleading no contest, Brown does not admit guilt to the charges, but the plea carries the legal ramifications of a guilty plea.
Fourth District Judge Lynn W. Davis allowed Brown to remain free until a Nov. 11 sentencing hearing so she can make custody arrangements for her 7-year-old son and 4-year-old daughter.
"I don't think anyone is completely happy with this resolution," said Sherry Ragan, criminal division chief of the Utah County Attorney's Office. "But in evaluating this case and everything we had, we felt this was the best resolution available."
Brown and her attorneys declined to comment.
Ragan said the the plea deal was offered because certain aspects of the case could be used in court to acquit Brown. In specific, she said, her attorneys could exploit the fact that several people had access to the gun believed to have been used to kill Pajela.
While Ragan said the plea bargain was not the most ideal arrangement. But Brown is not getting off easy, she said. "We wanted both crimes and we got those," she said. "(Brown) is going to prison for a long time."
During the proceedings in the Provo courtroom, Brown quietly answered the judge's questions and only showed emotion when the charges were read.
Ragan said Brown's demeanor bothered her.
"She's very soft-spoken," Ragan said, "but it didn't seem genuine to me. I didn't see any tears, she never took responsibility, and she never apologized."
The plea deal marks the beginning of the end of a four-year ordeal that began when two men discovered Pajela's body in her car on April 25, 2001.
In the subsequent investigation, police discovered that Brown, who worked for Pajela at the Mira Vista Care Center in American Fork, had been embezzling from the company since late 2000.
Prosecutors say she took $34,362.48. Brown was charged with 10 counts of communications fraud and 10 counts of money laundering in November 2001.
Brown was originally charged with Pajela's murder in April 2002, but that charge and two of the communications fraud charges were dropped later that year. Prosecutors refiled the murder charge in April 2004.
Kay Wallis, a friend of Pajela's, said she is still shocked that Brown could have killed her boss, who had been so kind to her.
"The very last memory I have of Mina was her holding Kerri's baby in her arms so lovingly," Wallis said. "She had her arm around Kerri, telling her she had to take care of herself because she had just had her baby a few days before."
Wallis said Pajela, who came to the United States from the Philippines in the 1970s, was a "fun, happy-go-lucky person" who was dedicated to her adopted nation, her family and her church. Pajela, a faithful member of The Church of Jesus Christ of Latter-day Saints, did volunteer work in an LDS temple.
"She had never had a sleepover," Wallis said. "She was fascinated by the idea that kids did that here, and she wanted to have one. So we were planning a sleepover — we were going to paint our toenails and stay up late talking about the boys. But we never got to do it."
Wallis said she was worried that Brown was being left free for so long before the sentencing, but remained confident that justice would be done.
"I believe we have a really wonderful judge, and I think he'll go by the law," she said. "The family will be happy this is over because they know the final judgment is later, and I know this is what Mina would want."
Under the terms of the agreement, Brown will be allowed to return to Arizona, where she has been living with her children. She was ordered to report to a parole officer within 24 hours and call the officer at least once a week. She must also provide proof that custody hearings are being held in Arizona.
If Brown does not provide proof of the hearings — or if the matter is resolved sooner— Ragan said the sentencing could be moved to a sooner date.
E-mail: sisraelsen@desnews.com