Cutta Cutta Caves, Katherine, alleged shooter Kim Kellett in court

Dozens of loved ones watched as an accused Katherine murderer appeared in Darwin Local Court.

A KATHERINE husband and father who allegedly fired a ‘warning shot’ into the chest of an intruder waved to a crowd of supporters in his latest court appearance.

Kim Jamie Keith Kellett, 38, is accused of killing a 26-year-old Indigenous man who was in the family’s home, near the Cutta Cutta Caves 30km southeast of Katherine.

Police 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 in March.

A dozen friends, family and loved ones waited in the gallery of the Darwin Local Court on Wednesday waiting for the accused murderer to appear via a prison video link.

His wife, Danielle Kellett, sat forward tensely clutching her knees as her husband appeared on the screen and gave a wave to his supporters.

The crowd of supporters waved back at the screen, their only connection to the 38-year-old still on remand.

His barrister Peter Maley said the murder case was being resolved with prosecutors.

“There’s been a lot of work done over the last week, it is very close to a complete resolution,” Mr Maley said.

“We’re now working on a complete set of agreed facts and then we can resolve the matter.”

The police’s statement of alleged facts, released to the NT News days after the shooting, revealed the details of the Kellett family’s triple-0 call.

The report alleged Kellett, Ms Kellett and two children, aged two and seven, were in their ranger station home at the Cutta Cutta Caves Nature Park at 4am on March 17.

Ms Kellett, an NT park ranger, went to prepare a bottle for her youngest child when she 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 Ms Kellett if anyone was hurt.

“Not yet, but someone will be because he is weird,” Ms 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 Ms 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.

Ms Kellett allegedly told investigators she then heard a single gunshot blast.

When police arrived they found a deceased man lying on his back in the driveway, 33m away from the Kellett’s home.

“On initial inspection there appeared to be a single bullet wound to the top of the male’s chest,” the police report said.

It is alleged Kellett approached the officer and said “Oh sh-t, I only just fired a warning shot”.

Kellet allegedly told officers that after he chased the man out of his home, the 26-year-old “shaped up” to him as if to fight but then turned and ran away.

Kellett allegedly said he went back inside when he heard further noises outside and grabbed his gun and went to the corner of the house.

“I came out and I heard him and I just went ‘boom’ like to scare him off and say we had a gun and f — k off,” Kellett allegedly said.

Kellet told police he did not see the victim when firing the gun.

Police charged him with murder and manslaughter, stating there were “various other options available to him”.

“If he intended to fire a warning shot he could have fired into the air or into the garden bed next to him,” the statement of alleged facts said.

“The defendant chose to fire in the direction of the victim, knowing that if he hit him he may cause his death.”

Ms Kellett silently clutched the hands of her supporters as she walked out of the courthouse on Wednesday.

A woman who walked beside Ms Kellett told the media the family would be making “no comment, sorry darling”.

Her husband did not make an application for bail.

Kellett will appear on June 15 for a preliminary examination on the papers, with his case to be referred to the Supreme Court.