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05-30-2013, 12:53 PM
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Realtor Acquitted in Boyfriend's Point-Blank Shooting
An Orlando real estate agent has been acquitted of manslaughter in the 2011 shooting death of her boyfriend, who was shot once in the face inside her College Park home. Caryn Kelley, 48, was found not guilty after an Orange County jury deliberated about two hours, according to local news reports. Prosecutors had accused her of shooting Phillip Peatross, 46, a father of four, during a night of drinking and arguing on July 27, 2011. Peatross was killed by a single round from a .38-caliber revolver. A medical examiner testified that the muzzle was three to six inches from his face when it fired, according to trial coverage. DNA from both Kelley and Peatross was found on the weapon, but crime lab analysts said they could not determine who pulled the trigger. Kelley called 911 after the shooting. In the recording, a dispatcher asked whether Peatross had shot himself. "Did he shoot himself? Yes or no?" the operator said. "No. No ... But it was an accident," Kelley replied, according to a transcript played at trial. Prosecutors argued the statement contradicted the defense account. The defense, led by attorney Diana Tennis, said Kelley grabbed a loaded revolver from under her bed because she believed an intruder had entered after Peatross left. The person turned out to be Peatross, who had come back, and the gun went off during a struggle, the defense said. Kelley did not testify. Kelley was initially charged with second-degree murder, later reduced to manslaughter, a count that carried up to 30 years in prison, according to news accounts. She and Peatross had dated for about 15 months.
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