Loveland, CO: Loveland man: Wife's shooting was an accident

BY TREVOR HUGHES
TrevorHughes @coloradoan.com

A Loveland man accused of fatally shooting his wife earlier this month told police they both grabbed what he thought was an unloaded rifle while sitting in their garage and it went off.

Branden Burgess, 33, who is facing manslaughter and weapons charges in connection with the shooting death of his wife, Kelly, was in court Thursday for an initial hearing.

Wearing a red jail jumpsuit that marks him as a high-risk inmate, Burgess appeared with his court-appointed attorney who asked a judge to set a date for a potential plea bargain and a bond-reduction hearing.

Burgess, who is being held on $150,000 bond, faces charges of manslaughter, possession of a weapon by a previous offender and prohibited use of a weapon.

Burgess did not speak during the appearance. He will be in court again Thursday.

Although investigators have released few details about what led to Kelly Burgess' death, an arrest affidavit sworn out by Loveland police says Branden Burgess told officers he and his wife, who reportedly was pregnant, grabbed what he thought was an unloaded rifle while they were talking about hunting and shooting.

Branden Burgess told police the rifle discharged at an upward angle, hitting his wife in the head, according to the affidavit.

Investigating officers, however, noted that Kelly Burgess was killed by a "contact wound" on her left temple, meaning the weapon had been pressed against her head.

Further, police said the bullet traveled in a path parallel to the floor, not at an angle.

Police then re-enacted the scene described by Branden Burgess and concluded he had to have been standing, not sitting, when the rifle discharged.

Police, in the affidavit, said Branden Burgess' blood-alcohol level was 0.196 about 45 minutes after they found Kelly Burgess' body.

The Larimer County Coroner's Office on Thursday declined to release any information about Burgess' death, referring questions to the Loveland Police Department or prosecutors.

Following Kelly Burgess' death, her family established a fund in the name of her son, Christopher Burgess.

Donations may be made at any Bank of the West branch; checks should be made payable to Bank of the West or Parry Davison, with a reference to Christopher Burgess in the memo line.

Donations also may be mailed to Bank of the West, 801 Pine Ave., Kemmerer, WY 83101.