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Tiffany Trujillo was sitting with Theodore Kelbach in his Kearns home on May 31 when they heard a knock on the door that proved fatal for Kelbach.
The woman testified in a Salt Lake City courtroom Monday morning that Kelbach, whom she had met only once before, left the basement bedroom where they were watching television to answer the knock.
A few quiet minutes passed. Then she heard a voice — it was Kelbach's, she testified at a preliminary hearing.
"I heard in a distressed voice, 'I haven't seen her, I swear,' " Trujillo testified. "Then I heard a loud noise … It almost sounded like a door jamb breaking, I swear."
Trujillo said she stayed in the basement for a moment. A blanket covered a basement window, she testified, but through a hole in the blanket, she could see a larger man — "He wasn't white," she said — walk quickly from the home and get into a silver car. Then Trujillo said she went to the home's back door and saw Kelbach lying on the ground, bleeding from a single gunshot wound in the head.
"He was lying face-down," she testified. "I hollered his name. I put my hand on his back. I couldn't get a pulse."
Douglas Dwayne Evans, 31, is accused of pulling the trigger that May day, in what police believe was a fit of unwarranted jealousy. Unified Police officials have said Evans allegedly killed Kelbach because he thought Kelbach and his girlfriend — Shana Simmons — were involved in a romantic relationship. Detectives later determined that was not the case.
Evans is charged in Salt Lake City's 3rd District Court with first-degree felony murder, first-degree felony aggravated burglary and second-degree felony possession of a dangerous weapon by a restricted person.
A two-day preliminary hearing was supposed to begin Monday, but Evans waived his right to the hearing. However, prosecutors called four witnesses to the stand to "preserve their testimony."
Among the witnesses was Simmons, Evans' girlfriend at the time, who testified that Evans had accused her of cheating on him with multiple people, including Kelbach. She said Kelbach was a family friend whom she had known for four or five years.
"We weren't really speaking," Simmons said of her relationship with Evans at the time of the shooting. "We just weren't getting along. He just accused me of being unfaithful and lots of things."
On the same day Kelbach was killed, Evans allegedly threatened the girlfriend, sending her photos of a loaded .357-caliber revolver, according to court records.
Simmons testified under cross-examination that she had never before seen Evans with guns or ammunition.
Another woman, who was driving home from work the day of th shooting, testified that she saw a man walking up the driveway to Kelbach's house, at 5446 S. Nez Perce Drive (5080 West). She said she noticed the man because she had never seen him in her neighborhood before and because of the rims on his silver car. She described him as a black, stocky man who was wearing red.
Evans will be back in court on Jan. 12 for an arraignment.
Court records show Evans has a history of domestic violence-related complaints. He had pleaded guilty to first-degree felony disarming of a police officer, in return for prosecutors dismissing attempted aggravated murder, burglary and aggravated assault charges.
The guilty plea — which brought an eight-year prison term — came in connection with a Dec. 9, 2003, incident in which Evans wrestled away a West Valley City police officer's handgun. Officers were trying at the time to handcuff Evans for violating a protective order.
Evans fled with the officer's firearm, allegedly firing at his pursuers before being shot himself in the arm and subdued.
Evans was released from the Utah State Prison in February 2013, according to prison officials.
Twitter: @jm_miller
A two-day preliminary hearing is expected to begin Monday for a man accused of shooting and killing another man in Kearns in a fit of unwarranted jealousy.
Douglas Dwayne Evans, 31, is charged in Salt Lake City's 3rd District Court with first-degree felony murder in the death of 49-year-old Theodore B. Kelbach. He is also charged with first-degree felony aggravated burglary and second-degree felony possession of a dangerous weapon by a restricted person.
Unified Police officials have said Evans allegedly killed Kelbach because he thought Kelbach and his girlfriend were involved in a romantic relationship. Detectives later determined that was not the case.
At Monday's hearing, prosecutors will present evidence in their case and a judge will decide whether there is probable cause for Evans to stand trial on the charges.
Kelbach was found shot to death on May 31 inside his home at 5446 S. Nez Perce Drive (5080 West).
A woman later told police that she and Kelbach were at the home when they heard a knock on the door, according to a probable cause statement filed in court. Kelbach answered the door, then the woman "heard a loud bang." When she went to see what had caused the noise, she found Kelbach bleeding from a single gunshot wound to the head, and a man — who police believe was Evans — leave in a silver car.
Evans' girlfriend allegedly told police that he had suspected her of infidelity with Kelbach. On the same day Kelbach was killed, Evans allegedly threatened the girlfriend, sending her photos of a loaded .357-caliber revolver, according to court records.
Court records show a history of domestic violence-related complaints for Evans. He had pleaded guilty to first-degree felony disarming of a police officer, in return for prosecutors dismissing attempted aggravated murder, burglary and aggravated assault charges.
The guilty plea — which brought an eight-year prison term — came in connection with a Dec. 9, 2003, incident in which Evans wrestled away a West Valley City police officer's handgun. Officers were trying at the time to handcuff Evans for violating a protective order.
Evans fled with the officer's firearm, allegedly firing at his pursuers before being shot himself in the arm and subdued.
Evans was released from the Utah State Prison in February 2013, according to prison officials.
Twitter: @jm_miller