Wendy Howard survived a beating by a baseball bat while pregnant, strangulation and attempted rape by her ex-partner.
When it came time to protect herself and her family, Howard, 53, testified Monday that she shot Kelly Pitts in June 2019 after he threatened her, fearful of him because of what he had done to her. She has pleaded not guilty to first-degree murder in his death and took the stand in her defense during her trial Monday.
Prosecutor Eric Smith asked her if she endured physical abuse by Pitts from 2006 to 2019 — or 14 years prior to Pitts’ death — to which Howard said she didn’t. Smith sought to establish Monday that Howard was angry and vengeful at Pitts for sexually abusing her daughters, which led to her shooting him at her Tehachapi house in June 2019.
Howard testified she started feeling anxious and fearful after she found out that her daughter Bayley Frost suffered sexual abuse by Pitts and reported the incident to Tehachapi Police officers. Bayley Frost has the last name Pitts, but prefers to go by Frost.
The Californian generally does not name victims of alleged sexual assault, but in this case, Howard's daughters have spoken publicly.
Howard testified Pitts repeatedly called her house after he saw police there. Pitts lived a few doors away from Howard.
“He’s extremely unpredictable and violent,” Howard said of Pitts. “I was worried that he would come to my house. I was worried that the kids could be attacked.”
On June 5, 2019, Pitts called Howard to bring his grandson to play with her children. By then, the investigation into Pitts had begun and police told Howard to act nonchalant to ensure he didn’t catch wind of their investigation into the abuse allegations.
Moments before Pitts arrived, Howard testified, she had been communicating with another of Pitts’ victims who endured sexual abuse similar to that of Howard’s daughter. That interaction sparked a range of emotions — upset, frustration and anger, according to text messages by Howard a few moments before Pitts was shot.
Howard said she showed Pitts a picture of him inappropriately touching Frost and he began screaming and calling her a liar. Pitts, who was riding an ATV, started to go toward her and ran over her right foot, Howard testified.
Howard couldn’t remember exactly where she was standing in relation to Pitts’ ATV and her movements, she testified. Everything happened within a few seconds, she added.
“This was such a (expletive) blur,” Howard told police after she was arrested June 5, 2019, during an interview. “I just don’t (expletive) know.”
Only immediate danger propelled Howard to shoot Pitts, she testified when questioned by defense attorney Tony Lidgett. Each time Howard said she fired, Pitts was either coming toward her or she was in fear for her life and sought to ensure the safety of everyone in the house.
Howard testified she messed up by allowing Pitts back into their lives, but knew that Frost wanted to create a relationship with her father. The testimony became emotional at times, with tears from both Howard and Frost, who sat in the audience with several domestic violence survivor advocates.
Smith also attempted to cast doubt on Howard's desire to involve police in Frost’s investigation. He played a 911 call reporting Bayley Frost’s allegations, in which Howard is arguing with her oldest daughter Miranda Frost about going to the police.
Howard testified in response to questions about the call that she wanted Bayley Frost, herself and Miranda Frost to come to an agreement about next steps. This all should happen before involving police, Howard testified.
“Had you processed the emotion that you wanted to kill Kelly Pitts?” Smith asked when inquiring about the range of emotions Howard said she experienced while calling police.
“I did not want to kill Kelly Pitts,” Howard testified.
Text messages shown by Smith in court said Howard experienced “anger, guilt, extreme anger, vengeance” the night before Pitts was shot and killed.
“That’s what you wanted to exact on Kelly Pitts?” Smith asked.
Not exactly, Howard testified. She added the anger was directed toward the abuse endured by Frost and her extreme anger was toward the situation.
Two choices emerged in Howard’s mind, she testified. She contemplated allowing police to complete their investigation despite having doubts, or telling Pitts to stay away from her family. Miranda Frost had gone to the police with her claims of sexual misconduct, but the Kern County District Attorney’s Office declined to file charges against Pitts, citing a lack of evidence.
Smith is expected to continue his cross-examination Tuesday, which is the ninth day of trial. Jurors are expected to begin deliberations this week.
Editor's note: This story has been updated to say Wendy Howard is 53 years old.
