UPDATE (11:08 a.m.): Wendy Howard was sentenced to probation on the felony charge of voluntary manslaughter after entering an Alford plea deal on Thurs, May 4.
Howard had killed her ex-boyfriend, Kelly Rees Pitts, in Tehachapi after he had allegedly molested two of her daughters, then underage, as well as others in the community. Pitts had arrived at Howard's family home on an ATV when he was shot multiple times in what Howard's defense attorney, Tony Lidgett, claimed was self-defense, as Pitts had a known history of abuse against Howard and her family.
Howard was initially accused of first-degree murder, second-degree murder, voluntary self-defense, and involuntary manslaughter as well as voluntary manslaughter, however, she was found "not guilty" of those charges by a jury. The jury was split seven to five on the charge of voluntary manslaughter due to "heat of passion," as she was upset by the molestation of her daughters and the lack of action law enforcement had taken despite Pitts being reported for his actions on more than one occasion.
A motion to dismiss the trial after Howard was cleared of the other charges was made, however, it was denied, meaning the trial would be retried. Because of this, Howard entered an Alford plea deal of "no contest" and accepted the felony charge.
In a press release, the Kern County District Attorney's Office explained what an Alford plea is following Howard's sentencing.
"The plea is still of no contest, but the reference to an “Alford plea” refers to a United States Supreme Court case from 1970: North Carolina v. Alford. That case recognized a scenario where a defendant, despite claiming innocence, may wish to enter a plea that accepts punishment for the charges in light of the considerable evidence of guilt and the desire to accept a plea agreement."
"The Alford case stands for the proposition that a defendant may proclaim to be innocent, but still resolve the case if, despite the claims of innocence, there is a benefit to resolving the case as well as evidence of guilt," the release explained. "A plea of no contest, even when entered as an “Alford plea” still results in a finding of guilt by the court, and results in a criminal conviction."
The press release also talked about the verdict of Howard's case.
"The jury’s inability to reach a unanimous verdict on Howard’s guilt regarding a 'heat of passion' basis for voluntary manslaughter was indicative that the jury refused to unanimously accept that the killing was done in lawful self-defense," said the release. "A killing done in lawful self-defense would have entitled Howard to a “not guilty” verdict of all charges."
Kern County District Attorney Cynthia Zimmer also gave a statement regarding Howard's case and verdict, stating that Pitts did not deserve to die for his actions and that Howard had no right to kill him.
“Wendy Howard and her daughters have many rights as the victims of crime, but those rights do not include a license for Wendy Howard to kill," said Zimmer. "Regardless of how wronged a person feels or how abhorrent the conduct of another is, the law does not empower individuals to make themselves the judge, jury, and executioner of those who are perceived to have wronged them."
"Kelly Pitts may have deserved to be imprisoned for his conduct, but he did not deserve to be killed," she continued. "The very protections that Howard enjoyed, a trial where her side could be heard and guilt and punishment could be considered by a judge and jury, are the same protections she denied to her victim by shooting him dead without legal justification.”
Tehachapi woman Wendy Howard is expected to be in court on Thurs, May 4.
Howard is being sentenced after taking a plea deal for the charge of voluntary manslaughter in the shooting and killing of her ex-boyfriend, Kelly Rees Pitts. Howard was arrested in 2019.
After a jury trial last year, she was acquitted of first and second-degree murder, as well as a handful of lesser offenses. However, the jury was split on one of the charges, leading to her being back in court earlier this year.
Sentencing is expected to begin at 8:30 a.m.
