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Dava Alizabeth-Ann Steen (Concord Police Department)

MARTINEZ -- A Concord woman was sentenced Wednesday to probation, jail time and counseling for her role in the death of her boyfriend of 23 years, who she claims was physically abusing her.

Dava Alizabeth-Ann Steen, 41, told police that after 47-year-old Danny Ray Bennett struck her in the face during an alcohol-fueled fight Nov. 25, she snapped and put a pillow on his face and sat on it, deputy district attorney Devon Bell said. However, an autopsy could not conclusively determine that Bennett, who was in poor health, died from being smothered.

Originally charged with murder, Steen on Wednesday pleaded no contest to involuntary manslaughter. She was sentenced to four years formal probation, 180 days in jail, a 12-week counseling course for victims of domestic violence and a 12-week outpatient alcohol-abuse rehabilitation program.

"The DA recognized that there was a long history of domestic violence in this relationship," said Steen's attorney, Contra Costa Public Defender Robin Lipetzky. "There were also significant questions about the extent to which Ms. Steen's actions contributed to Mr. Bennett's death.

"While I believe that Ms. Steen would have been cleared of all charges had she proceeded to trial, she wanted to take responsibility for her actions and move forward with her life," Lipetzky said. "I respect her decision."

Bennett was treated at a hospital on the day of his death for problems related to a seizure disorder and


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chronic alcoholism, attorneys said. Upon Bennett's death that night, Steen summoned medics to the couple's Wren Avenue home and told police that Bennett had a seizure and had stopped breathing.

The first autopsy concluded Bennett died of natural causes. Police launched a second investigation in January when a friend reported that Steen told him that she thought she killed Bennett. The doctor who did the second autopsy said smothering was a possible, but not definitive, cause of death.

"Whether or not autopsy could prove it, she admitted to killing him," Bell said.

Steen was not ordered to pay restitution to Bennett's family, as her mother, Joanne, paid for Bennett's burial expenses. Joanne Steen was teary-eyed after her daughter's sentencing Thursday.

"I'm very appreciative of the court and all the people who have been so kind and comforting to my daughter, particularly the public defender," Joanne Steen said. "I believe she'll be a better person for it. She has a new chance on life."

Bennett's nephew, Mike Gencur, said he and Bennett's mother were disappointed to hear about the plea deal.

"He was loved and is missed," Gencur said. "She had no right to play God, regardless of the situation."

Contact Malaika Fraley at 925-234-1684. Follow her at Twitter.com/malaikafraley.

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