Wendy Howard and Calling for the End of Criminalizing Survival

Wendy Howard defended herself from her abusive ex-partner 4 years ago and was tried for first degree murder in Bakersfield last year. In October, a jury found Wendy not guilty of first or second degree murder, involuntary manslaughter, and voluntary manslaughter based on an imperfect self defense theory. It hung 7-5 to convict on voluntary manslaughter heat of passion theory. Since there is only one charge of voluntary manslaughter, Wendy's attorney filed to dismiss the case based on double jeopardy. 

On April 7, Judge Rodriquez denied the motion, but the DA offered a plea deal that Wendy accepted, explained below, that allows her to maintain innocence and frees her from going to prison. She will not have to pay any restitution, and will serve one year probation. Her sentencing took place on May 3rd. After the sentencing, Wendy’s attorney filed a notice of appeal, continuing to maintain that the remaining voluntary manslaughter charge is double jeopardy, in a possible precedent setting case. If the motion is denied, Wendy’s plea will stand. If it is accepted, Wendy will be completely acquitted. Nothing to lose, but lots to gain.

As of today, Wendy, a mother and grandmother who killed her abusive ex-partner to protect herself and her daughters, is finally home with her family.

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The Wendy Howard Defense Committee issued their closing statement.

Kern County DA Cynthia Zimmer wasted taxpayer dollars and untold resources attempting to punish domestic violence survivor, Wendy Howard, for saving her own life. Though DA Zimmer aimed to send Wendy to prison for decades, possibly for the rest of her life, she failed to reach a conviction in a criminal trial. While DA Zimmer released a statement today acknowledging that Wendy's abuser, Kelly Pitts, may have "deserved to be imprisoned," she did not explain why her office failed to hold Pitts accountable when they had the chance. If they had taken steps to keep Wendy and her family safe, they could have prevented this entire tragedy. DA Zimmer also states that "Wendy and her daughters have many rights as victims," but she does not explain which of those rights she chooses to support. The fact is that victims have the legal right to defend themselves and DA Zimmer failed to protect that right.

Wendy decided to not put herself, her family, and four other survivors through ongoing abuse by the Kern County DA in the form of an additional trial. Instead, she worked with her attorney, Tony Lidgett, who successfully negotiated an Alford Plea Deal. This plea deal allows Wendy to maintain that she acted in self-defense while moving forward with a sentence that does not include prison time. Wendy is currently with her family building a future free from the ongoing threat of domestic violence and sexual abuse by Kelly Pitts, and the violence of criminalization.

Wendy Howard’s case echoes thousands of cases in which survivors of domestic and sexual violence are punished for trying to survive that violence. The Kern County DA is no different than other DAs who use the same tactics to punish survivors.

• They tried to discredit the testimony of Wendy’s daughters who were sexually abused. Then they changed their narrative during the trial and tried to weaponize the abuse as “proof” that Wendy was guilty of murder. 
• They tried to use Wendy’s private texts expressing anger to her family when she learned that her abuser had sexually abused her daughter as “proof” that she murdered him. They relied on stereotypes that women and survivors are “out of control” if they express anger. 
• They demanded that survivors have crystal clear memories of a deeply traumatic experience in order to be believed. 
• They refused to hold themselves accountable for how their office failed to protect Tehachapi residents, including Wendy and her children, from a man with a long and documented history of abuse in Kern County.
  
  

The DA chose to ignore the substantial evidence of the years of abuse that Wendy and her daughters experienced and instead tried to “interpret” Wendy’s feelings when she was attacked. This trial was a disgraceful display of how survivors are punished in courtrooms across the U.S. every day.

Wendy’s so-called court “gag order” has finally been lifted and the Defend Wendy campaign is thrilled that Wendy can freely speak her mind and heart to the public in her own time without further punishment. Wendy Howard is home today because of her sheer strength of will, her beloved family, her excellent legal representation, and a wide network of supporters stretching from Bakersfield to communities across the U.S. who took action to call for her freedom out of a place of love and solidarity with survivors. We called for Wendy’s freedom as we called for the freedom of Tracy McCarter, Michaele Bowers, and Liyah Birru, all survivors who were punished for acting in self-defense. We call for the end of the criminalization of survival. We call for public safety that transforms our communities so all survivors can be free.

Thanks to all for your support,

The Wendy Howard Defense Committee