Two appeals court rulings have come down in the trial of George Kelly, the man accused of killing a migrant crossing through his property earlier this year.
The court sided with prosecutors when it comes to further speaking to Kelly’s wife, but when it comes to admitting text messages, the decision is still up in the air.
Kelly was arrested and charged with second-degree murder in the January shooting death of Gabriel Butimea.
Prosecutors won the appeal to further depose Kelly’s wife, Wanda in the matter.
In her original deposition, she stated Kelly would fire warning shots when people were on the property in similar circumstances.
The appeals court vacated Santa Cruz County Superior Court Judge Thomas Fink’s order that denied the prosecution from further deposing her.
The court also is asking Judge Fink to reconsider the prosecutor’s request to admit Kelly’s text messages into trial. The appeals court added they will offer no opinion on how the trial court should rule on particular texts.