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Welch will face additional charge in shooting death of husband

| May 16, 2012 7:15 AM

A third charge of mitigated deliberate homicide was added Monday to the two existing charges against Kristina Lynn Welch, the 52-year-old woman being held in the Lincoln County Jail for the slaying of her husband Dec. 8 in their Granite Lake Road home.

During a February omnibus hearing, Welch’s attorney indicated she is planning a defense that Welch’s act was “a justifiable use of force” in the slaying of her 50-year-old husband Charles Bryan Welch.

In Judge James B. Wheelis’ 19th Judicial District Court on Monday, the third charge was added to two existing charges of deliberate homicide, felonies, which are 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.

Clearly, the third charge brought by Lincoln County Attorney Bernie Cassidy on Monday would provide an option for deliberating jurors seeking a conviction seemingly consistent with the apparent defense strategy.

The wording for the mitigated deliberate charge resembles the other charges in its initial statement that actions of the defendant caused the untimely death of the deceased. However, the third charge alleges Welch “purposely or knowingly committed assault with a weapon by shooting (Charles) Bryan Welch in the chest with a handgun while under the influence of extreme mental or emotional stress.”

Jurors would have the option of a conviction or acquittal of one of the three counts against Welch.

On Monday, when Wheelis asked Welch for her plea in the third alternative charge, Welch again pleaded “not guilty.” She now has pleaded not guilty to all three counts against her.

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

Welch is accused of shooting her husband either the night of Dec. 7 or the early morning hours of Dec. 8. Lincoln County dispatchers received a 911 call 8:45 a.m., which was hours after the fact.

Lincoln County Sheriff Roby Bowe has indicated it was apparent Welch had been deceased for a period of time when ambulance volunteers arrived about 9 a.m. Dec. 8.

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

Bail for Welch has been set at $500,000, but a bond hearing has been set for 1:30 p.m. May 14 in Wheelis’ court.

Currently, the pre-trial conference is scheduled Thursday, July 19, with the trial to begin Aug. 21 in Lincoln County.