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10-09-02: All bullets in gun were fired

Seven bullets in closet with Brent Anderson

By SHELLEY GRIESHOP
The Daily Standard

    DEFIANCE - An Ohio Bureau of Criminal Investigation & Identification (BCI&I) special agent testified this morning in the murder trial of Kimberly Anderson that 11 bullets, 10 in the magazine and one in the gun chamber, were likely fired at the victim the night she is alleged to have murdered her estranged husband, Celina attorney Brent Anderson.
    There were many more bullet holes in the clothing Brent Anderson worn that night, a result primarily of exit wounds, he said.
    Today is the third day of the trial, which is expected to last well into next week at Defiance County Common Pleas Court. The case was moved to the northern Ohio county after the defense was granted a change of venue due to immense media coverage locally. Auglaize County Judge Frederick Pepple remains the presiding judge in the case.
    Through the testimony of BCI&I Agent Keith Williamson, it was learned the gun 11 shell casings and many bullet fragments were found at the scene.
    Williamson told jurors that seven of the 11 known bullets fired during the Sept. 2, 2001, incident in Wapakoneta, were found in a 6-by-11-foot walk-in closet where Brent Anderson's body was found. Another bullet fell from Brent Andersonšs body as the body was moved from the scene.
    Williamson also testified that most of the shots had been fired at a downward angle, suggesting that Brent Anderson was on the floor when the shots were fired.
    Williamson testified the magazine for the handgun holds 10 rounds and an 11th bullet could be placed directly in the chamber of the weapon. He said the bullets used were "full-jacketed metal projectiles," which means they stay intact when fired.
    Auglaize County Prosecuting Attorney Ed Pierce asked Williamson if it is unusual to recover so many bullets and shell casings from a crime scene.
    "Yes, at most crime scenes it is unusual to find all of the casings," Williamson said. "Projectiles have a way of going places and not being recovered."
    Defense attorney Alan Konop of Toledo had not had a chance to cross-examine Williamson by The Daily Standard's press time today.
    During testimony on Tuesday, Auglaize County Sheriff's Detective Sgt. Dennis White told jurors that Kimberly Anderson claimed she was chased up the stairs of her home before she repeatedly shot her husband as he took refuge inside a walk-in closet.
    White said Kimberly Anderson told him the night of the shooting that the couple argued immediately before 37-year-old Brent Anderson chased her up the stairs. She told White she "half ran, half fell" up the steps and slid into the nightstand in the bedroom. It was near the bottom of the nightstand that she located the gun, after remembering she left it there the night before, White said of her statement.
    White, called upon to testify by the prosecution, said the 38-year-old mother of four admitted shooting her estranged husband while he stood near the bed.
    "She was kneeling and turned," White said as he recalled her statement. "She said Brent was coming at her and she fired. He yelled and ran around the corner," to the closet, White recalled her saying.
    White said Kimberly Anderson told him she unloaded the gun and dropped it after shooting her husband multiple times, and later picked up the gun and the telephone before heading downstairs to call 911.
    Five of Brent Anderson's nine siblings who were sitting on the front bench of the courtroom, were overcome with emotion after hearing the details of their brother's death.
    During cross-examination by Konop, White said Kimberly Anderson cooperated with officers and did not hesitate when answering questions. Konop asked White if it was fair to say Kimberly Anderson voluntarily gave officers the name of the business where she purchased the weapon used in the shooting. White answered that Konop's statement was true.
    But during redirect examination by Auglaize County Assistant Prosecutor Amy Fox, White told the jurors that law enforcement agencies have access to gun registration information which could have been used if she had not cooperated.
    Deputy Brent Henschen, also of the sheriff's office, was the first witness called Tuesday morning for the prosecution. Henschen confirmed
during cross-examination by Konop that Kimberly Anderson stated she went upstairs to get a telephone from the bedroom.
    Henschen, one of the first law enforcement officers at the scene of the shooting, also testified that Kimberly Anderson said her husband came toward her before she began to fire the gun at him.
    Kimberly Anderson's first husband, Dale Nester of Wapakoneta, also took the stand for the prosecution on Tuesday. He testified that Kimberly Anderson asked if she could borrow a handgun from him about six weeks before the shooting.
    "Did you give it to her?" Fox asked Nester.
    "No. I told her she didnšt need one and if she had a problem with someone, to get a restraining order," Nester said.
    Nester also testified that three days after the shooting, while his ex-wife was dropping off the couple's two teen-age children, she explained why she did not try to help Brent Anderson after she shot him.
    "She said she didnšt see how she could, he had (been shot in) too many places, there were too many holes," Nester said as he pointed to areas on his own body in the same fashion Kimberly Anderson had explained to him.
    Konop, upon cross-examination, tried to show there was coincidence in the time that Nester gave his statement to officers, which included his conversation with Kimberly Anderson on Sept. 5, and the date on which Nester filed for custody of his teen-age children.
    Nester and others in the courtroom, including the five men and seven women jurors, were noticeably confused by the line of questioning, which was subsequently withdrawn by Konop.
    Also testifying on Tuesday was a co-worker of Kimberly Anderson who said she had spoken to Anderson at work about the pending divorce. Jane Rossman, from the marketing department of Lincare Inc., of Lima, recalled giving Kimberly Anderson a warning during the couple's separation in 2001.
    "I said don't let Brent push you to the point you get put behind bars," said Rossman.
    Joseph Guagenti, the owner of Lima Outfitters, where Kimberly Anderson bought the gun used in the shooting, also testified for the prosecution Tuesday, as did another employee of the business, Tony Azzarello.
    During cross-examination by Konop, Guagenti said Anderson looked scared when she purchased the gun. Countering that, Azzarello told jurors that Kimberly Anderson only looked inexperienced with a firearm and not scared while he gave her firing instructions following the weapon's purchase.
    Kimberly Anderson's brother-in-law, Gary Ault testified briefly Tuesday also telling jurors he had participated in target shooting with Anderson shortly after she bought the gun. He also told the court he gave her some advice on storing the gun "to make sure it was safe from the kids," he said.
    The defense is expected to call its first witness as early as today or Thursday after the prosecution has finished, according to scheduling discussions between Pepple and the opposing attorneys.
    Konop said he expects to bring forth witnesses through at least Tuesday. Pepple has discussed continuing the trial Monday, on the Columbus Day holiday, but said he would not make the announcement on his decision until Friday.
    Anderson was indicted in December 2001 for aggravated murder, murder and voluntary manslaughter for her husband's death that Labor Day weekend. If convicted of the most serious charge of aggravated murder, she faces life in prison with the possibility of parole after 20 years.

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