Wilkins claimed women engaged in ‘tug of war’ with gun before murders, witness testifies

Published 2:30 pm Wednesday, June 14, 2023

An Oregon State Hospital employee who evaluated double-murder defendant Kit Warren Wilkins testified Wednesday that the 63-year-old told him about an “imminent threat” that might have caused him to fire a gun at his longtime girlfriend and her daughter at the Shady Cove home they all shared in 2019.

The testimony from Daniel Brynolf, a clinical and forensic psychologist, was a sharp contrast to what Wilkins told investigators about the deaths of Shirley Kay Gann, 62, and Judy Mae Gann, 43, on April 21, 2019 — that he had blacked out the night before and found the women dead when he woke up the next morning.  

According to Brynolf, Wilkins told him that after he fell asleep, he allegedly “heard a noise on the nightstand.”

“‘Then, I see Shirley and Judy; and Judy’s got the gun. My body is flushed. There was a reaction for me to grab the gun. I grabbed the top of the gun,'” Wilkins told Brynolf, according to the evaluation notes. 

Wilkins, Judy and Shirley allegedly moved toward the bedroom television before the murder defendant found himself “playing tug of war” with Judy over the gun, Wilkins told Brynolf.

“It went (off) two times. She (Judy) was against the door and the gun went off,” Wilkins claimed to Brynolf.

Judy then fiddled with her bra strap, saying “Oh s–t! Oh, s–t!” before she took off down the hallway, Wilkins told Brynolf. Wilkins then said he saw Judy in the hallway, on her knees, and he told her to go to bed. But Judy went out of Wilkins’ sight.

He described his fight with Shirley as “‘tussling,'” and later described seeing her on her hands and knees, according to Brynolf. 

“‘When I got up off the floor, she was on her hands and knees,'” Wilkins told Brynolf, according to his evaluation notes.

“‘At that point, the gun was in my hand and it seemed like the imminent threat wasn’t there anymore,'” Wilkins told Brynolf.

Wilkins then “put the gun on my nightstand and went to bed. I was still buzzed,'” Brynolf testified.

Wilkins told the psychologist that he did not see blood emanating from Shirley or Judy, but there might have been because he had a lot to drink the night before.

Of the entire ordeal, Wilkins reportedly told Brynolf, “‘I can’t believe that it happened. Just seven seconds — less than a rodeo ride.'”

Brynolf acted as a rebuttal witness for the state after Wilkins’ defense counsel had spent much of the day presenting its case to jurors. 

Testimony included an expert witness, paid $12,000 by the defense, who created a 3D rendering of the home at 550 Sarma Drive in Shady Cove to show them what might have happened that day in 2019.

Matthew Noedel — a forensic scientist who operates his own laboratory — created a digital map of the home using laser scanning technology from a widely utilized company called FARO, which investigators in this case have said they chose not to use. Noedel was able to create the images based mostly on his visit to the empty home in October 2021.

Even before he used FARO, Noedel told jurors he tested the firearm Wilkins allegedly used and reviewed documents related to law enforcement’s investigation in the case, including pictures of the home as it was the day of the murders. 

“After I reviewed the initial data, I felt that it would be useful to have a comprehensive scene map that describes the entire environment documented to scale,” Noedel told defense lawyer Wm. David Falls. “My suggestion was to use the 3D terrestrial scanner to capture all of the dimensions, and then we can begin … the process of reconstruction.” 

Prosecutors had shown jurors evidence of how the Ganns were shot multiple times. 

While Noedel noted his 3D renderings have limitations in showing what actually happened, he believes Wilkins could have been in the master bedroom facing in the direction of the hallway when he allegedly fired some of the shots at Shirley and Judy, who were standing near one another at the time of the alleged altercation. 

Noedel later testified under cross-examination that Wilkins could have been in a bedroom closet facing the door when he allegedly shot Shirley and Judy. 

A bullet that hit Shirley grazed a wall, Noedel told jurors. Another bullet that hit Judy was lodged in the hallway floor, which investigators uncovered during their initial investigation of the crime scene. 

But Noedel’s 3D renderings uncovered some other interesting details, including the probability that Judy had “enough mobility” to get to the porch, where her body was found.

Noedel admitted in cross-examination by the prosecution it is difficult to tell the exact movements of Wilkins and the victims — whether they ever stood throughout the altercation or crouched. 

Noedel was asked by prosecutors about the limitations of FARO, including “the FARO shuffle.” That is a term for the users of the instrument having to move around to avoid blocking the laser so it can take images.