Jurors in a Santa Maria Superior Court trial have started deliberating the fate of a woman charged with fatally shooting a roommate whose dismembered body was found at a Nipomo golf course three years ago.
Attorneys on both sides delivered closing arguments Monday in the trial of Kimberly Machleit, 39, with the prosecution telling jurors she’s guilty of first-degree murder.
Machleit’s attorney countered that the woman acted in self defense, and should be found not guilty of all charges.
The case stems from the Dec. 3, 2018, shooting of Joseph Martin Govey, 53, in a townhome on the 2200 block of Professional Parkway in Santa Maria after the four roommates spent the night using methamphetamine.
Govey’s skeletal remains, minus his lower legs, were found in a water hazard at Blacklake Golf Course in September 2020. A reciprocating saw was used to remove Govey’s legs.
The shooting occurred after Govey, armed with an 8-inch knife, broke into the third-floor bedroom occupied by Machleit and her boyfriend, Donald Andrew “Drew” Anderson. The boyfriend pointed a gun at Govey, pulled the trigger, only to hear a click.
After that encounter, Govey and Anderson went to the kitchen, while Machleit climbed into the attic, retrieved a firearm, loaded it, and went downstairs.
Initially saying she couldn’t get a clear shot, Machleit fired the 12-gauge shotgun with a sawed-off barrel, hitting Govey in the face.
Deputy District Attorney Madison Whitmore told jurors the defendant committed a cold-blooded murder as she cornered Govey in the kitchen and fired the fatal shot.
“Joseph Govey’s death was quick…but the decision to kill was not,” Whitmore said in urging jurors to find Machleit guilty of first-degree murder.
Another roommate, Benjamin Mersai, 36, testified in the case, but attorneys differed on whether he told the truth or tweaked details to protect what the defense dubbed “a sweetheart deal.”
In exchange for testifying, Mersai pleaded guilty to voluntary manslaughter and received a 3-year sentence.
Mersai claimed Machleit helped hold the body while Anderson used the reciprocating saw to remove the legs. The defense attorney claimed the woman didn’t know Govey’s legs had been removed.
“Benjamin Mersai told you the truth. He told you the truth completely, and I’m asking you to believe that — the good, the bad, everything. I’m asking you to believe his entire testimony because quite simply it’s the truth,” Whitmore said.
In contrast, Whitmore reminded jurors of the many lies Machleit told to investigators during a recorded interview after her arrest.
Whitmore noted Govey’s past violence, but said Machleit did not have “the right to play judge, jury and executioner.
“It does not give her the right to murder Joseph Govey in cold blood and hide him from the world.”
Jurors heard about Machleit’s criminal history, including an allegation she dressed as a pregnant woman and used a false identification to purchase a brand-new Jeep.
The defense, displaying a pictures of a menacing looking Govey, accused the prosecuting attorneys of minimizing the man’s “long-ass rap sheet” that goes back to the 1990s.
Machleit iniitially was charged with first-degree murder, but jurors could find her guilty or not guilty of second-degree murder or voluntary manslaughter. They also must decide on a special allegation that Machleit used a firearm during the incident.
But defense attorney Jess McHarrie told jurors Govey had terrorized Machleit, and urged the panel to find her not guilty of all charges.
“This is an individual who for weeks had been engaging in psychological warfare against her,” McHarrie said, ticking off Govey’s various actions, including chasing Machleit down a hallway and urinating on her belongings.
“Kimberly Machleit is not guilty. She is not guilty because she acted in self defense, and they not have not proved otherwise,” McHarrie said.
Govey’s former probation officer also testified about the man’s membership in the Public Enemy No. 1 or PENI, gang.
“He told you, in his opinion Joseph Govey was violent ,and you should not take a threat from him lightly,” McHarrie said.
McHarrie contended Govey relished instilling fear in people, pointing out his gang moniker was “Evil,” not “Cuddles.”
“She pulled the trigger once to stop Evil, and it worked,” McHarrie said.
McHarrie also downplayed the dismemberment of Govey’s body.
“It’s a distraction from the fact that they haven’t proven their case,” McHarrie said.
The panel of six-men and six women began deliberations at approximately 3:30 p.m. Monday.
Jury selection in the case began in late September. While the evidence portion of the trial moved quicker than planned, the schedule encountered COVID-related delays.
Machleit has remained in the Santa Barbara County Jail since her arrest in 2020.

