Decision on whether to dismiss charge against Wendy Howard pushed until next month
Mar. 21—A Kern County Superior Court judge pushed back a decision Tuesday until next month because she needs more information before considering a motion to dismiss a voluntary manslaughter charge against a Tehachapi woman who killed her former partner.
In October, Wendy Howard was acquitted of involuntary manslaughter, first- and second-degree murder in the shooting death of Kelly Pitts. Howard also faced a voluntary manslaughter charge under two different theories: voluntary manslaughter committed in the heat of passion or imperfect self-defense.
Jurors exonerated Howard of voluntary manslaughter in the imperfect self-defense, but deadlocked under the heat of passion theory. Defense attorney Tony V. Lidgett filed a motion to dismiss this charge against his client because he argued there aren't two different voluntary manslaughter charges — there's only one and because Howard is innocent of one voluntary manslaughter theory, she's acquitted of the entire charge.
Judge Elizabet Rodriguez heard arguments Tuesday by prosecutor Eric Smith asking the court to rule against Lidgett's motion to dismiss the charge. Rodriguez said she needs to know if Lidgett objected to splitting the voluntary manslaughter charge before Judge Charles Brehmer, who presided over the trial.
Lidgett said he objected to Brehmer's decision to split manslaughter theories during off-the-record conversations in judge's chambers, but cannot remember if his objection was made on the record.
"I knew it was going to fall on deaf ears," Lidgett said of Brehmer agreeing to his objection to keep voluntary manslaughter as one charge.
Rodriguez indicated her tentative ruling would be to dismiss Lidgett's motion if he didn't object to separating voluntary manslaughter theories. She said she'll look over trial transcripts to see if an objection was made.
The Kern County District Attorney's office could retry Howard under a voluntary manslaughter charge. Prosecutor Eric Smith said he wasn't going to discuss this possibility Tuesday.
Another hearing was set for April 5 for Rodriguez to issue her ruling.
Domestic violence advocates nationwide have rallied around Howard and called for the DA's office to dismiss her charge. After the hearing, advocates and a juror in Howard's trial spoke to reporters about the toll this trial has taken on Howard and her family. They also mentioned this case is an egregious waste of taxpayer dollars and resources.
You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.
