Woman convicted of killing man and helping dump remains in Nipomo pond wants a new trial

Joe Tarica
·3 min read
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A sentencing hearing in Santa Maria Superior Court for the woman found guilty of murdering a man whose dismembered body was found in a pond at a Nipomo golf course has been postponed due to defense attorneys filing multiple motions.

In late November, a jury found Kimberly Machleit, 39, guilty for the Dec. 3, 2018, killing of Joseph Martin Govey, 53, in a townhouse on the 2200 block of Professional Parkway in Santa Maria.

Jurors also deemed as a true a sentencing enhancement for the killing, which she is accused of committing with a sawed-off shotgun.

The Santa Barbara County Sheriff’s Office dive team found some of Govey’s skeletal remains in September 2020 in a pond at the Blacklake Golf Resort in Nipomo after being led there by Benjamin Mersai, 36, of Grover Beach.

Joseph Martin Govey’s remains were recovered from a pond at Blacklake Golf Resort in Nipomo in September. He had been reported missing for more than a year.
Joseph Martin Govey’s remains were recovered from a pond at Blacklake Golf Resort in Nipomo in September. He had been reported missing for more than a year.

Machleit lived at the Santa Maria townhome with boyfriend Donald “Drew” Anderson, Govey, and another man, Mersai, who was brought in to help deter Govey during his outbursts in the residence.

While Machleit fired the fatal shot, all three people participated in disposing of the body after Govey’s legs were removed with a reciprocating saw, according to investigators.

Attorneys on both sides had different opinions on whether Machleit helped or even knew about the dismemberment before her arrest.

On Tuesday morning, Judge John McGregor conducted a Marsden hearing after Machleit sought to fire her court-appointed attorneys. But he apparently rejected the request during the hearing held in private.

Afterward, in a public session, attorneys and the judge discussed a new date for the sentencing hearing to allow Deputy District Attorney Madison Whitmore time to respond to the defense motions.

One motion, filed last week, seeks a new trial for Machleit.

“In the face of all of the evidence of clear provocation presented by the prosecution and the defense at trial, it would be contrary to the state of homicide law to allow a first-degree murder conviction to stand,” the motion by defense attorney Jess McHarrie and Lea Villegas said.

If the court doesn’t grant a new trial, the defense attorneys asked the judge to reduce Machleit’s conviction to a lesser charge — second-degree murder or voluntary manslaughter.

The sentencing delay will allow the prosecuting attorney time to respond to the motion for a new trial plus a second motion the defense reportedly intends to file seeking to drop the special allegation for use of a firearm.

Machleit faces up to 25 years to life in prison for the first-degree murder conviction plus 25 years to life for the sentencing enhancement.

Her sentencing hearing now is scheduled for Feb. 7.

She remains in the custody of the Santa Barbara County Jail.

Meanwhile, Mersai was sentenced to state prison time in mid-December but with credit for time served he was released on parole.

In exchange for testifying for the prosecution, Mersai had pleaded guilty to voluntary manslaughter and received a three-year sentence. He had been in custody since his arrest in 2020.