A jury is deliberating whether a 38-year-old Windsor man accused of murdering his ex-girlfriend in February 2020 is guilty of first-degree murder.
Kaman Morgan, 38, appeared for his arraignment Thursday afternoon after spending most of Wednesday on the stand.
Morgan admitted to his mother and later to law enforcement that on February 24, 2020, he shot and killed his infant son, Barry Ann Biondolillo, 37, of Greeley, his ex-girlfriend and mother, at her Windsor home. But she explained the only reason for her actions was self-defense for her 3-month-old son.
Morgan testified that Biondolillo came to her door and yelled at her. While they were outside changing their son, who was in his car seat, an argument ensued. Biondolillo allegedly threw the car seat on the floor and after a brief argument, swung the car seat at Morgan’s leg while their son was still in the seat.
Then Biondolillo lost his grip and the car seat fell to the ground, Morgan testified. He said he heard a moan from his son. Afterward, Biondolillo reportedly said, “Say goodbye to your son. “You’ll never see him again…at least alive.”
Morgan said she ran home to call 911 but decided to kill herself. But Morgan, holding a gun, heard Biondolillo scream, so he went outside with a gun in his waistband.
Morgan alleged that outside the home, Biondolillo pushed their son, who was still in his car seat, into the back of the car without locking him in place. He allegedly saw Biondolillo grab the car seat and shake it violently, saying, “Say goodbye to your father.”
Morgan pulled out his gun and quickly shot through the windshield at Biondolillo because, he testified, he believed his son was in danger from the alleged tremors.
Within seconds, Morgan saw Biondolillo open his car door and fall to the ground. As he rounded the corner of the car, he said his fingers were still on the trigger and nearly stepped on Biondolillo, who was lying in the street. Morgan said that through all the motions, he accidentally shot Biondolillo in the head.
Deliberately and intentionally
Weld County Assistant District Attorney Rob Miller began his closing arguments with an audio recording of the call in which Morgan told Biondolilo, “I’m going to kill you and that mother——-,” referring to Biondolilo’s new partner. He said that He didn’t care if their son went to foster care or went to prison for the rest of his life, he wanted to kill him
That call, like many other threatening phone calls — one of which was a text message he sent at 8:05 p.m. with the subject line “I hate you” — showed his intent, Miller said. .
Morgan said on the stand Wednesday that his threats to kill Biondolilo were what he resorted to when the couple argued, but they were “empty threats,” defense attorney Amanda Bleiler noted.
Bleiler emphasized that Morgan’s threats had been ongoing for years and that he never followed through on any of them. He said the defense was the one to introduce past threats to the court, while prosecutors only focused on the threats in the days leading up to his death and presented them to bolster their case.
In an effort to prove that Morgan did not plan to kill Biondolillo that night, Bleiler highlighted evidence including his decision to kill her in public at his home, his throwing of the murder weapon into the yard and his decision not to wear gloves.
The defense asked why Morgan had to kill Biondolilo with their son in the car. Bleiler said it didn’t make sense, stating that she acted quickly to save their child from “immediate danger of serious bodily harm or death” without thinking.
“At that moment, did he think he had any other option to save his son?” Bleiler asked. “The answer is no.”
However, Miller said Morgan wanted Biondolillo to be at his home on Feb. 24 to kill him.
For starters, Morgan deliberately and purposely took a firearm from his room and went outside where his ex-girlfriend and son were.
Every time he fired, his revolver hit Biondolillo. Even after he was shot five times inside the car, he opened the door, fell to the ground and mumbled, Morgan shot him one last time in the head to end his life.
“This is murder in the first degree and nothing less,” Miller said.
Miller urged jurors to use their common sense because Morgan threatened to kill Biondolilo the day before and followed him the next day and killed him. Prosecutors believe the immeasurable amount of threats she made in the days before her death were motivated by jealousy over her ex, “virtually and literally,” who was living with a new man and was planning to move into a new house together. . Morgan’s mother even gave statements to police that Morgan said he wanted to kill Biondolillo weeks before the murder.
“The day he got his keys was the day he took his life,” Miller said.
“He took her happy day and made it her last,” Fitzgerald concluded.
But Bleiler addressed the jury with questions about why Morgan chose February 24 to commit the murder, if it was an act of jealousy. Morgan could have killed Biondolillo when they switched their son on Thursday, Friday and Saturday. The defense argued that she could have planned to kill Biondolillo when she told him she and her boyfriend were driving together or when the truck drove by.
Personal defense of the protective father
Bleiler began his closing remarks, portraying Morgan as a protective father who threatened his son’s life.
Morgan accused Biondolilo of threatening to kill their child on multiple occasions. Defense text messages show she confronted him about the threats and he never denied it.
However, Morgan never thought he would go on to kill their son until she allegedly saw him shaking him “violently” on February 24. In a moment of “fear, terror and rage,” Morgan felt he had no choice. Bleiler said that by shooting Biondolillo, he saved his son from possible death.
“Remorse and remorse? Yes, he said. “But in his mind… it was all Kaman could do.”
Miller challenged the defense’s focus on the protective father argument because Morgan shot at the car her son was in. In response, Bleiler argued that all shots were directed away from her child and toward Biondolillo.
Morgan testified that he didn’t even think about worrying about hurting his son in the car while firing his gun.
“Does that sound like self-defense?” Fitzgerald asked.
The self-defense story never surfaced when Morgan initially confessed to shooting and killing Biondolillo, Miller said, and it came seven months after his arrest.
She did not tell family members, friends or law enforcement on Feb. 24 that she was acting in defense of her son because of an “immediate risk of serious bodily injury or death.”
According to Miller, after Morgan investigated self-defense, he began adding more to his story to help his case. “Anyone who confesses to their family that they committed a murder will try to make themselves look better and immediately reveal that it was done in self-defense,” the prosecutor said.
Miller stated that Morgan did not do such a thing because the story did not happen.
“The only evidence of self-defense came out of his mouth,” Miller said.
Bleiler said the fabrication of Morgan’s self-defense narrative is untrue. She said she learned about a subject she was unaware of while in prison, self-defense, and felt it was relevant to her case.
In addition, Bleiler advised the jury that his client did not have to testify, but “he wanted you to know the truth.”
Bleiler looked at the jury and said if anyone had any doubts about Morgan’s actions, there was a reasonable doubt that he was guilty.
Compared to the facts presented by prosecutors, Fitzgerald argued that Morgan’s testimony was vague, conjectural, and fictional—exactly something not supposed to be “beyond a reasonable doubt.”
For example, she argued that the timeline of her account of her son’s defense did not make sense. From Biondolillo’s arrival at his home to his death and all the events in between must all have occurred within four minutes, which is unlikely.
“Just like he said to his mother, ‘I did it,'” Fitzgerald said.