California judge declares mistrial in case of wife killed

FRESNO, Calif. (AP) - A judge has declared a mistrial in the case of a California man accused of killing his wife after she filed for divorce.

Kings County District Attorney Keith Fagundes tells The Fresno Bee (https://bit.ly/2c2KVO2 ) that the jury deadlocked 11-1 in favor of convicting 53-year-old Todd Pate of murder.

Fagundes says his office will again seek a murder conviction at the October trial.

Pate’s attorney, Melina Benninghoff, argued that he did kill his wife, but should be charged with voluntary manslaughter because he was “completely out of his mind” at the time.

Pate called police in September 2013 and told them he killed his wife, 42-year-old Melanie Pate. Her body was found in the family’s pool with her throat slit.

___

Information from: The Fresno Bee, https://www.fresnobee.com