Svoboda enters "no contest" plea in murder case

The murder case involving the untimely death of Ed Svoboda’s wife is now heading towards sentencing after his change of plea to “no contest” was entered into the official record on Wednesday.

However, while the court has recorded Svoboda’s plea agreement, District Judge James Michael Causey did so while reserving the right to accept or reject it at the sentencing hearing, which will take place after a pre-sentence investigation is complete.

73-year-old Svoboda’s change of plea hearing took place on Wednesday, having been originally scheduled for August 17. Though he did not reveal from which party it came, Judge Causey stated that he was appearing via a video link in order to accommodate a request to move the hearing to an earlier date.

According to the terms and conditions of the plea agreement, Svoboda pleaded “no contest” to the charge of aggravated homicide by vehicle. This felony charge carries a maximum penalty of 20 years of incarceration, a $10,000 fine or both.

Svoboda also agreed to withdraw his “not guilty by reason of mental illness” plea to the three charges leveled against him and pay costs associated with the prosecution.

In return, the state agreed to dismiss the two additional felony charges against Svoboda: murder in the first degree and murder in the second degree. The first of these two charges could potentially have seen Svoboda face the death penalty.

The state also agreed not to file any additional charges related to the incident on September 5, 2021 during which he is accused of driving a truck into his back yard and running over his wife, Kathleen.

The defense and offense also jointly agreed to a sentence of between four and 14 years, with credit for time served since September 5, 2021.

According to the plea agreement, “the parties advise the court that they intend to make the plea agreement binding upon the court, and in the event the court does not agree with the plea agreement, shall…allow the defendant to withdraw the no contest plea.”

Judge Causey advised Svoboda of the rights and responsibilities that come along with changing his plea to “no contest”. Should he change his mind and wish to again plead “not guilty” after hearing the court’s decision, for example, he has the right to do so and it will not be held against him – Svoboda will simply be put back on the court’s trial docket.

Svoboda only has the right to a bench trial if he maintains a “not guilty” plea.

“There’s not going to be a trial of any kind,” if Svoboda pleads “no contest”, the judge said.

Svoboda will also be giving up all potential defenses and challenges to the state’s arguments.

Additional consequences of this plea, Judge Causey said, include the requirement to pay any restitutions due and other costs and fees, the requirement to submit to DNA sampling and the possibility of probation revocation in any other cases in which Svoboda may be involved.

“No contest” will lead to a felony conviction, which will also mean that Svoboda will lose rights such as sitting on a jury, voting and owning a firearm unless or until those rights are restored under state law.

Judge Causey stated that he reserves the right to accept or reject the plea agreement after hearing additional information. The next step, he said, is the pre-sentence investigation, a “very thorough” report summarizing, for example, the defendant’s life, criminal history and substance addiction situation, as well as information from the victims of the crime regarding its impact.

County Attorney Joe Baron was asked to explain what the state would have proven, had the case gone to trial. Referring to the affidavit of probable cause filed in this case, Baron described elements of the alleged crime and pointed to Kathleen’s statement that Svoboda had run her over and Svoboda’s admission that he had done so.

Judge Causey found that Svoboda was alert and capable of understanding and participating in the hearing, with no mental or substance-related deficiencies caused by his medications that would specifically affect the hearing. He therefore found that Svoboda had “knowingly and voluntarily” entered his change of plea and understood the consequences of doing so.

The judge found there was “sufficient factual basis for the plea”, though he said this was not technically necessary for a “no contest” plea.

“The court will accept and enter the plea at this point in time,” Judge Causey said.

At the time of Svoboda’s sentencing, Judge Causey will announce whether he intends to accept or reject the plea, at which time Svoboda will have the opportunity to change his mind.

Svoboda will remain in custody until the sentencing, with additional time served counting as credit on his overall sentence.

As the pre-sentence investigation is “a lengthy process”, said Judge Causey, the sentencing will take place roughly 75 days after the investigation was ordered.