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Planning a defense

by The Western News
| February 23, 2012 2:34 PM

The attorney for Kristina Lynn Welch, the 52-year-old woman charged with the deliberate homicide slaying of her husband Dec. 8 in their Granite Lake Road home, is planning a defense that Welch’s act was “a justifiable use of force.”

Welch’s omnibus hearing was Tuesday morning in Lincoln County 19th Judicial District Court.

Lincoln County Attorney Bernard Cassidy on Wednesday said he was not surprised by the defense.

“We anticipated this,” Cassidy said, limiting comment.

On Jan. 9, Welch pleaded not guilty in the death of her husband, Charles Bryan Welch, 50, at their home located south of Libby.

Welch is represented by Jennifer E. Streano, a regional public defender for the Major Crimes Unit.

The omnibus hearing was scheduled last week, but it was delayed as 464 pages of discovery data was presented, necessitating Streano more time to review those documents.

The self-defense explanation was largely anticipated, after the not-guilty plea, as she and her husband were the only persons in the home at the time.

County dispatchers received a 911 call at 8:45 a.m., which was hours later, according to the condition of Welch’s body.

It is alleged Welch used a Smith & Wesson revolver to shoot her husband. The caliber of the handgun has not been disclosed.

Welch faces two counts of deliberate homicide, a felony, which is punishable by life in prison for a term not less than 10 years or a term not more than 100 years. For the charge of deliberate homicide with a weapon, the charges could add a minimum of two years or as much as 10 years, bringing the range for that conviction from 12 to 110 years.

Bail for Welch has been set at $500,000, and as of Tuesday afternoon, Welch still was in the Lincoln County Jail.

A final pretrial hearing is scheduled for March 22.

According to court records, Welch’s trial has been tentatively set for Aug. 21. It is estimated to last seven to 10 days.