BAKERSFIELD, Calif. (KGET) — A judge on Tuesday will decide whether to grant a defense motion that would end the case against Wendy Howard, or find that a retrial in the 2019 shooting death of her ex-boyfriend should proceed.
Motions filed by Howard defense attorney Tony Lidgett and prosecutor Eric Smith will be taken under consideration before a ruling is announced in the hearing scheduled for 8:30 a.m.
A jury acquitted Howard of murder in October and of the lesser charges of involuntary manslaughter and one theory of voluntary manslaughter, but couldn’t reach a consensus on the charge of voluntary manslaughter in the heat of passion. Lidgett says acquittal on one theory counts as a full acquittal for voluntary manslaughter and she can’t be retried for the same offense.
Howard shot Kelly Rees Pitts on June 5, 2019, on Appaloosa Court, three days after she learned Pitts molested their then-teenage daughter Bayley Frost. Another daughter reported molestation years ago but ultimately no charges were filed.
At trial, Howard testified she feared for her life when she confronted Pitts in her driveway. She said she fired in self-defense.
The prosecution argued Howard armed herself and intended to provoke Pitts, planning to administer “vigilante justice” by killing him.
