The trial of a 38-year-old Windsor man accused of killing his ex-girlfriend more than two years ago will resume next week after the jury heard the opening statement and first witnesses on Friday afternoon.
Prosecutors characterized the case as a clear act of domestic violence, with Kaman Morgan carrying out threats he made to 37-year-old Brie Ann Biondolillo in the days before her death. The defense argued Morgan killed Biondolillo not to carry out threats, but in response to a “threat” to their young son’s health and safety.
Weld Assistant District Attorney Kate Fitzgerald began by citing Morgan’s threat to kill Biondolillo the day before he was shot. February 24th, 2020 should be a good day for Biondolillo, who moved to a new home with her boyfriend. She wanted to follow him to a restaurant where they were planning to party, but first she had to pick up her 3-month-old son from the child’s father and her ex, Morgan.
When she arrived, neighbors reported hearing gunshots, a woman screaming and a man yelling, “There you go, B…” before pulling a car off the driveway and removing a baby carrier from the car. Then they saw a woman in the driveway, bleeding from her head.
After leaving the scene, Morgan called his mother and told her he shot her, Fitzgerald said, explaining how he shot her through the windshield multiple times before walking over and shooting her in the head one last time.
According to Fitzgerald, Morgan’s mother told police he had talked about killing Biondolillo. Prosecutors will present evidence of phone calls and text messages that threatened Biondolillo’s life in the days leading up to her death.
Defense attorney Travis Weiner claimed Morgan acted to end a threat to the health and safety of his young son — a threat Morgan realized after the child was placed in Biondolillo’s car and based on what Biondolillos told the boy .
Before that night, Morgan made no attempt to follow through on his threats, Weiner said. When Morgan and Biondolillo swapped custody of their child, Morgan often stayed at the Windsor home where he lived with his family while his brother or father took the baby from Biondolillo. Weiner said Morgan was “very protective” of his son.
When Biondolillo arrived at Morgan’s home on February 24, she saw Morgan inside and yelled that she could see him, according to Weiner. Morgan came out with the child in a car seat and they started arguing.
Weiner said Biondolillo swung the car seat at Morgan, punched him in the leg and left injuries documented with photos taken in jail. Morgan went back inside when Biondolillo was standing in the driveway, yelling at Morgan and smoking a cigarette, Weiner said.
She then “pushed” the baby into the back of the limousine, where it fell over, Weiner continued. The seat fell over, after which Biondolillo climbed in, shaking the stretcher and yelling at the child that he would never see Morgan again, at least not alive, according to Weiner.
Morgan then quickly shot Biondolillo, Weiner said, from an angle pointed away from the infant. After firing the last shot, he retrieved the child, threw the gun where he could see it, and left the child with Morgan’s father, according to Weiner.
Morgan then called his mother and brother, visited Boulder, where he grew up, and then turned himself in to the police.
Weiner said the couple had a volatile relationship, with Morgan previously making specific threats. But those threats didn’t indicate he planned to kill her that night, Weiner said.
“It was an unfortunate accident, to say the least,” he said.
Prosecutors called the first witnesses in the case, including two Windsor police officers, who arrived at the scene. They described the crime scene as prosecutors showed the jury photos of the crime scene.
Two photos showed Biondolillo lying face down in the driveway while her blood spilled onto the street. Others showed bullet holes in the windshield of Biondolillo’s car, which had been pulled to the side of the road and was driving with no people inside.
The trial will resume Monday at 8:30 a.m. in Bay 11 of the Weld District Court.
https://www.greeleytribune.com/2022/07/22/prosecutors-2020-windsor-murder-was-domestic-violence-carrying-out-prior-threats/ Windsor’s 2020 murder was domestic violence that carried out earlier threats – Greeley Tribune