State Supreme Court upholds death penalty in murder of Mesquite child

By Cy Ryan

Thursday, March 29, 2012 | 3:38 p.m.

CARSON CITY - The Nevada Supreme Court has upheld the death sentence given Beau Maestas for the fatal stabbing of a three-year-old girl in Mesquite. Maestas was seeking revenge against the mother for selling him $125 of fake drugs.

The court, in its unanimous decision authored by Justice Michael Cherry Thursday, rejected Maestas' contention the death penalty was excessive.

"The record supports the conclusion that the crime and the defendant are of a class or kind that warrant the imposition of the death penalty," Cherry write.

Maestas wanted to buy methamphetamine and hooked up with Tammy Bergeron at a casino in Mesquite, where he paid her $125 for the drugs that turned out to be table salt. Angry, Maestas and his sister Monique drove to the CasaBlanca RV Park, where Bergeron's two young daughters were home alone.

Three-year-old Kristyanna Cowan was stabbed numerous times. She died shortly after. Ten-year-old Brittany Bergerson was stabbed at least 20 times. She survived but is a paraplegic.

Maestas told police that he went to the trailer to get his money back. But when he got inside the trailer, the two girls began screaming and he stabbed them.

In his appeal, Maestas complained the jury foreperson lied during questioning that she had a bias against Maestas and had concealed that she was a 911 dispatcher.

He also contended District Judge Donald Mosley committed an error when he convened a second jury after the first had deadlocked on the penalty. He said the judge had the discretion to set a term of life in prison.

The court rejected both issues.

Cherry wrote the death sentence was not imposed under the influence of prejudice, passion or any arbitrary factor. "It is difficult to imagine a more horrendous killing than Kristyanna's," Cherry wrote. "He viciously stabbed to death a defenseless three-year-old child."

Three hours after the jury imposed the death penalty on Maestas, his sister Monique pleaded guilty to first-degree murder and was sentenced to life in prison with parole eligibility after 40 years.