By David Hedges, Publisher
The Times Record
Both sides in the murder trial of Joseph Kelly Jr. agree that he fired the shot that left his ex-wife dead. What they don't agree on is whether he meant to kill her.
The 31-year-old Kelly, known to friends as "Jay," was arrested a week after the January shooting death of his ex-wife, 30-year-old Patricia Kelly. She was shot in the bedroom of the couple's mobile home in Mann's Trailer Court south of Spencer. Although divorced, the couple lived together in the trailer with their 11-year-old son and 8-year-old daughter.
The trial got underway Monday in Roane Circuit Court, when attorneys for both sides gave opening arguments to the eight-man, four-woman jury.
"There's no question Mr. Kelly was the shooter," said prosecutor Mark Sergent. "The question involves the intent of Mr. Kelly."
Sergent said Kelly's claims the shooting was accidental were not believable.
"The facts and physics of the case do not support that (the gun) just went off," said the prosecutor.
Defense attorney James Cagle of Charleston said the state's evidence would show Kelly did not mean to shoot his ex-wife. He told jurors they would hear a tape of the call Kelly made to 911 after his ex-wife was shot which showed he was crying and upset. When a dispatcher asked Mrs. Kelly if she had been shot by her husband, she said no, Cagle said.
"This is not a criminal case at all," Cagle said, "and certainly not a murder case."
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