Alleged Cutta Cutta Caves shooter Kim Kellett to plead guilty to reckless manslaughter after murder charge downgraded
A murder charge against a Katherine man who allegedly fatally shot an intruder to his family home near the Cutta Cutta caves in March has been dropped, a court has heard.
Police & Courts
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A MURDER charge against a Katherine man who allegedly fatally shot an intruder to his family home near the Cutta Cutta caves in March has been dropped, a court has heard.
The ABC reported Kim Jamie Keith Kellett’s lawyer, Peter Maley, told the Darwin Local Court on Wednesday the 38-year-old would instead plead guilty to reckless manslaughter when the case made its way to the Supreme Court next month.
Crown prosecutor Marty Aust told the court prosecutors would not pursue the murder charge and would accept the plea.
“The Crown will be relying on a reckless manslaughter charge,” he said, according to the ABC.
“The facts that make out that charge have been reduced to writing and there is agreement between the parties as to the facts in full, for plea in the Supreme Court.”
Police have alleged Kellett claimed he fired the fatal shot while trying to “scare off” the man who startled his wife in the early hours of the morning of March 17.
A statement of alleged facts released to the NT News shortly after the incident said Kellett, his wife and two children, aged two and seven, were at home at about 4am when Mrs Kellett went to prepare a bottle for her youngest child and spotted a stranger standing in the middle of her kitchen.
Her screams woke her husband, who barged into the kitchen to scare off the man while she dialled triple-0.
On the phone to police, the operator asked Mrs Kellett if anyone was hurt, according to the statement of alleged facts.
“Not yet, but someone will be because he is weird,” Mrs Kellett allegedly replied.
“But I’m sitting in my room, if he comes in here he won’t be walking out. I’ll tell you that.
“I’m sitting in the room with my gun.”
Police will allege in the background of the call, her husband was heard yelling “tell them to hurry up because he’s going to get shot, mate”.
“My kids are here,” it’s alleged Kellett said.
It’s alleged Mrs Kellett told operators her husband had locked the doors, with the intruder outside around parked cars.
Police allege after his wife hung up the phone, Kellet took the gun and went outside.
Mrs Kellett allegedly told investigators she then heard a single gunshot blast.
Kellett will return to court on September 1.
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