Woman pleads to manslaughter charge

SANDPOINT — A Bonner County woman pleaded guilty Wednesday to fatally shooting her boyfriend during an argument north of Priest River last fall.

Lorraine Kathryn Kenitzki entered an Alford plea to an amended charge of voluntary manslaughter. Under such a plea, Kenitzki admits no wrongdoing but acknowledges there is enough evidence for the state to win a conviction.

The Alford plea will be regarded as a standard plea of guilt when Kenitzki is sentenced on March 24 in 1st District Court.

Kenitzki, 45, faces up to 15 years in prison and a $15,000 fine. The state and defense’s sentence recommendations are pending and Kenitzki is free on a $10,000 surety bond.

Kenitzki was originally charged with involuntary manslaughter for shooting Erik David Foust on Oct. 6, 2010.

The original criminal complaint alleged Kenitzki negligently handled a 9-millimeter pistol. The amended complaint alleges she fatally shot Foust in the heat of passion and without malice.

Foust, 41, was killed by a gunshot wound to the upper chest. The shooting occurred inside a recreational vehicle parked at the Green Owl Tavern on Peninsula Road.

Judge Justin Julian accepted Kenitzki’s plea after thoroughly confirming that she understood her rights and ones she would be giving up as a result of her plea. A downcast Kenitzki politely answered Julian’s questions and dabbed at tears with a Kleenex at one point during the exchange.

The circumstances surrounding the shooting remain murky, although attorneys for the state and the defense expect a clearer picture will emerge at sentencing.

“Both sides had a chance, during the pendency of the investigation, to look at all the evidence,” Prosecutor Louis Marshall said when asked what influenced his decision to amend the charge.

Marshall said there were aggravating and mitigating circumstances in the shooting, but declined to elaborate while the sentencing hearing is pending.

Probable cause and search warrant hearing testimony suggest Foust may have been considering vengeance against the perpetrators of a prior attack on Kenitzki, resulting in a struggle over the weapon. There are also indications Foust might have been harboring romantic feelings for another woman.

Chief Public Defender Isabella Robertson, however, said the story that will ultimately emerge will differ from prior testimony in the case.

Marshall said he will develop a sentencing recommendation after further consultation with members of Foust’s family. Robertson is free to recommend a lesser sentence than the state’s recommendation.

Neither recommendation will be binding upon the court.

“He was my boyfriend and my best friend, and I’m really sorry that he’s dead,” an emotional Kenitzki said as she left the courthouse.