Wendy Howard trial: Jurors to deliberate 'vigilante justice' or self-defense

Oct. 20—A prosecutor and defense attorney each passionately presented their closing arguments Wednesday by characterizing Wendy Howard as either the murderer of her ex-partner Kelly Pitts or a victim of domestic violence who shot him in self-defense.

Chief Deputy District Attorney Eric Smith and defense attorney Tony Lidgett both agree Pitts sexually abused Howard's children and physically assaulted Wendy Howard.

But that's where the agreements end.

Howard, under the guise of "vigilante justice," shot and killed Pitts because she was furious over the sexual abuse he inflicted on their daughter and Howard didn't trust police to conduct an investigation, Smith said.

Society has rules — an average person's responsibility is not to mete out justice, the prosecutor added. Everyone is equal under the law, no matter whether they are a child molester, murderer or an average citizen, he implored jurors.

"He should be in a six-foot by eight-foot cell," Smith said of Pitts. "That's where he should be right now. He should not be dead. He should not be buried six-feet under."

Howard's daughter Bayley Frost had been sexually abused by Pitts and told Tehachapi police, who then launched an investigation. Frost is the biological daughter of Howard and Pitts, and prefers the last name Frost.

The Californian generally does not name victims of sexual assault, but Frost has spoken out publicly.

Frost attended the closing arguments Wednesday, and was part of a packed Kern County Superior Court courtroom's audience section. Spectators included attorneys, Howard's family, Pitts' family, domestic violence survivors, advocates and researchers studying gender violence. Some supporters didn't fit into their designated area and waited outside the courtroom.

Howard juggled two choices, Smith said. She could wait for the police investigation into the abuse of Bayley Frost or she could carry out "vigilante justice," Smith said. The prosecutor said Howard became angry during the police investigation into the abuse of Bayley Frost. He added the investigation was inadequate in Howard's eyes.

These emotions became more intense as Howard learned about another of Pitts' sexual abuse victims, Smith said. The prosecutor showed text messages and Facebook messages to jurors of Howard communicating her emotions moments before Pitts was shot outside Howard's Tehachapi home in 2019.

Anger, guilt, frustration, stress are "developing, building, raising up in her," Smith said of Howard's emotions in the messages. "You can sense (the emotions), you can read it with your own eyes."

Seconds later, Pitts was dead, he said.

The prosecutor also argued a person cannot just claim self-defense — there are rules that apply. A reasonable person placed in Howard's position must act the same, he said.

Defense attorney Tony Lidgett began his closing arguments by stating the jurors were chosen because they are all parents — it takes one to understand the overwhelming love felt for a child.

Lidgett then began by speaking softly and then grew louder as he narrated the abuse Pitts inflicted on Howard's two daughters, Howard herself and her two sons.

Pitts beat Howard with a baseball bat while she was pregnant with a daughter, and attempted to rape and strangle her. He dragged Howard around a house by grasping her hair and smashing her into objects, Lidgett said.

Pitts touched himself inappropriately while around Miranda Frost, Howard's oldest daughter. He did the same around Bayley Frost and also requested sexual favors in exchange for a laptop that Bayley Frost requested. Pitts has pulled a gun on Howard's sons and they protected their mom when Pitts got violent, Lidgett added.

"There are some people who deserve to die," Lidgett said.

Howard said she defended herself and her family because Pitts attempted to run her over June 5, 2019. On that day, Pitts had ridden over to Howard's house with his grandson. Howard then confronted him with photo evidence of Pitts inappropriately touching Bayley Frost, when, she testified, he moved toward her on an ATV.

Prosecutor Smith said the ATV was moving anywhere from 1 to 3 mph, or a foot forward.

Lidgett defended his client by saying she's endured abuse for years and she didn't need to wait for him to run her over before shooting him. He also said Howard never shot Pitts immediately when he came to her house, nor when he didn't die soon after being shot.

During a rebuttal argument, Smith said a person cannot claim self-defense because someone has harmed them in years past. It had been 14 years since Pitts physically hurt Howard and he never struck her the day he died, Smith said.

"That is not the mindset of self-defense," Smith said. "That is the mindset of a murderer."

After a 10-day trial — which included a jury viewing of Howard's house — seven men and five women began their deliberations around 2 p.m. Wednesday and stopped around 3:30 p.m. They are scheduled to continue deliberations Thursday.

Howard has pleaded not guilty to first-degree murder. However, jurors can consider first-degree murder, second-degree murder, voluntary manslaughter and involuntary manslaughter. Smith asked jurors to consider second-degree murder and voluntary manslaughter.

Before the closing arguments

About 20 people, organizers and national advocates supporting Howard renewed their calls for Kern County District Attorney Cynthia Zimmer to drop the charge against Howard.

"DA Zimmer, shame on you," they called. "DV (domestic violence) survivors have rights, too."

Courtney Morris, an organizer with the Wendy Howard defense committee, bellowed into a microphone the injustices faced by Howard since her arrest. The county failed Howard by not arresting Pitts, even though Frost had reported him, Morris said.

Assistant District Attorney Joseph Kinzel previously wrote that a gag order on the case prevents the office from commenting.

Morris also pushed back on Smith using Howard's anger as proof she murdered Pitts.

"We push back ... of attempting to portray an angry woman as a dangerous woman," Morris yelled. "How dare you, DA Eric Smith."

Alisa Bierria, co-founder of Survived & Punished, a national coalition advocating to end criminalizing women who suffer domestic violence, added many domestic violence survivors have been listening to the trial and have been triggered by Smith's line of questioning.

Bayley Frost thanked everyone for the support and said she felt hopeful on Wednesday. She noted her mother was anxious before Wednesday's closing arguments — their family was traumatized after having to testify and the possibility of Howard going to prison.

"I hope (jurors) hear the same things I do," Frost said. "I hope they take (away) the same things I do."

"It's crazy how someone so awful can screw up a family so bad, right?"

You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.