A Tehachapi woman who was acquitted of murder in the shooting death of her partner but jurors deadlocked on a voluntary manslaughter charge is weighing a plea deal offered by prosecutors to be sentenced to time she’s already served and one year of probation, according to her defense attorney.
Wendy Howard said during her trial last year that she faced years of physical and sexual violence inflicted by ex-partner Kelly Pitts. Howard’s children also said they faced sexual abuse by Pitts and eventually Howard killed Pitts when confronting him, according to testimony.
A Kern County jury acquitted Howard of involuntary manslaughter and first- and second-degree murder last year. But, when considering a voluntary manslaughter charge, jurors were faced with two theories: this charge committed in the heat of passion or under imperfect self-defense.
Jurors exonerated Howard of this charge done in the imperfect self-defense but couldn’t reach a decision of this charge under the heat of passion theory.
Defense attorney Tony Lidgett argued after trial there’s only one voluntary manslaughter charge and his client has been acquitted of the entire crime. He filed a motion to dismiss the voluntary manslaughter charge.
A Superior Court judge denied Lidgett’s motion to dismiss the voluntary manslaughter charge and noted there’s separate facts under each theory a jury must find true.
Attorneys then began discussing a plea deal, and an offer was made. Prosecutor Eric Smith, after talking with Kern County District Attorney Cynthia Zimmer, offered Howard to be sentenced to time she’s already served in this case and get one year probation.
Lidgett said his client needs to think about this deal and talk to her kids.
Everyone will return Friday to discuss what happens next.