BAKERSFIELD, Calif. (KERO) — A Kern County judge denied a motion to dismiss Wendy Howard's case on Wednesday.
Howard is the Tehachapi woman charged with voluntary manslaughter for shooting and killing her ex-boyfriend Kelly Reese Pitts in 2019. Last year a jury acquitted Howard of first and second-degree murder and other lesser charges.
However, the jury remained split by 7 to 5 on the charge of manslaughter by the heat of passion. That charge would apply to someone who was in an uncontrollable rage when they killed someone else, especially if that person provoked them.
In a recent court hearing, arguments were made regarding whether or not an objection was made to try Howard on two separate counts of manslaughter.
When asked by Judge Elizabet Rodriguez if an objection to the retrial was raised prosecutor Eric Smith said "I did not recall there being an objection, your honor." However, Wendy Howard's defense attorney Tony Lidgett argued: “Off the record, I know I did but I cannot honestly say whether or not we were allowed to make a record on the record.”
Although Howard is currently out on bail, supporters still claim a second trial would be unjust. Mark Christian, a juror from the original court case says he is in disbelief considering that this case is now three years old.
“I was trial juror number one. I listened to all the evidence. I listened to everything the defense, the prosecution said and for one I cannot believe that we are here again today.”
The next hearing is scheduled for this Friday.
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