Benjamin Sebena Pleads Guilty in Wife's Murder

Benjamin Sebena may not live again as a free man after pleading guilty Wednesday to first-degree intentional homicide for killing his wife, Wauwatosa police officer Jen Sebena, on the morning of Christmas Eve 2012.

Sebena, who lived with his wife in Menomonee Falls, will be sentenced Aug. 9 and faces up to life in prison without possibility of parole. Circuit Judge David Borowski can allow Sebena to request parole after no less than 20 years behind bars.

At Wednesday’s hearing, Sebena again appeared strapped in a wheelchair and wearing a protective vest. He answered Borowski’s many questions in a clear and calm voice, indicating that he understood all the rights he was giving up and the consequences of pleading guilty. 

District Attorney Mark Williams, who handled the case for the state, recommended Wednesday that Borowski stipulate a life sentence with the possibility of parole “in a range of from 50 to 60 years” in prison.

If Borowski were to accept that recommendation, Sebena, now 30, would not be eligible to even seek parole until he is at least 80 years old — nor would he have any guarantee it would be granted.

At Sebena’s sentencing hearing, testimony will be heard from both the prosecution and defense as well as Jennifer Sebena’s family and other interested parties as to what his term should be.

The plea agreement comes just days after the doctor who examined Sebena for the defense said Sebena's condition did not support an insanity plea in the murder, effectively removing any practical likelihood that a jury could send him to a mental institution instead of prison.

Borowski pointed out that Wisconsin law in a capital case would allow a jury to return a finding of guilty to a lesser charge, such as first-degree reckless homicide. Sebena said he knew it.

Jennifer Sebena was found dead with five gunshot wounds to the head outside Tosa Fire Station No. 1 on Dec. 24. Benjamin Sebena would confess to having stalked her for several nights and shot her from ambush.