PROVO, Utah (
KSL.com
) — An American Fork woman has pleaded guilty to conspiring with her mother and brother to murder her husband last summer.
Kathryn Restelli, 37, pleaded guilty to a reduced count of murder and conspiracy to commit murder, second-degree felonies; and felony discharge of a firearm, a first-degree felony, as part of a plea deal Wednesday in Provo’s 4th District Court.
In exchange, prosecutors dismissed two counts of domestic violence in the presence of a child, a third-degree felony, and obstruction of justice, a second-degree felony.
Although Restelli was upstairs when her husband was
shot and killed on July 12, 2024
, she admitted to luring Mathew Restelli to Utah from their home in California. She led him to believe she wanted to reconcile, kept him calm during his drive to her mother’s home in American Fork, and told him the door was unlocked and he should just come in when he arrived.
A plea statement said the plot was designed to allow her family members to surprise Matthew Restelli and claim that he entered the house without permission, supporting their initial self-defense claim.
Mathew Restelli, 34, was shot and killed by his brother-in-law, Kevin Ellis, minutes after he arrived, according to testimony in earlier hearings. Police officers testified that a knife was found in Mathew Restelli’s hand — placed in an unusual way — and Kathryn Restelli’s mother, Tracey Grist, called 911 to report the shooting minutes after a neighbor did.
The charges for murder and felony discharge of a firearm incorporate a Utah law that gives criminal responsibility to someone who acts with the mental state required to commit the offense and requested, encouraged or aided in the offense. The plea statement also cited another law that allows prosecutors to lower a murder charge by one degree if they determined it is in the interest of justice.
Kathryn Restelli said she left her husband on June 20, 2024, and took their children to live with her mother because of marital issues. She said her mom “on more than one occasion” brought up that she or Ellis would kill Matthew Restelli, later saying that they would use a gun and put a knife in his hand “to sell a story” of self-defense, according to the plea agreement.
When she learned her husband wanted to come get her and their children and bring them back to California, Restelli admitted in the plea statement that she led him to believe she was open to coming back, even though she was not, and was instead using a delay tactic.
Matthew Restelli left California the morning before he was killed. Kathryn Restelli admitted that she put a tracking device in his truck to monitor his drive to American Fork. She discussed a plan with her mother to stay in touch with him as he drove, “to reassure him that all was well and to keep him calm.”
Kathryn Restelli also admitted in court documents that she knew her brother and her mother went to lunch that day and believed it was to finalize their plans to kill her husband. She also said her mom removed the fabric screen door so Matthew Restelli could more easily access the home, removed toys from their normal location in the front room, and also covered the living room couch to prevent blood stains.
Kathryn Restelli stayed in an upstairs bedroom while Ellis shot Matthew Restelli, and then Ellis and Grist placed the knife in Matthew Restelli’s hand — but Kathryn Restelli said she overheard her brother tell their mother “to be careful because Matthew might still be moving,” according to the plea statement.
As part of the plea deal, both sides agreed to recommend to the judge that Kathryn Restelli’s sentences for murder and felony discharge of a firearm be served consecutively, but that the sentence for the conspiracy charge run concurrent. If the judge follows that recommendation, she would be ordered to serve a prison term of at least six years and up to life in prison.
She will be sentenced on Sept. 9.
Prosecutors also agreed not to file perjury charges against Restelli for statements she made at Ellis’ bail hearing.
This plea and her potential testimony could impact cases filed against her mother and brother. Ellis and Grist are each charged with murder, a first-degree felony; conspiracy to commit murder and obstruction of justice, second-degree felonies; and two counts of domestic violence in the presence of a child, a third-degree felony. Ellis is also charged with possession of a gun as a restricted person, a third-degree felony, and drug possession, a class A misdemeanor.
Ellis is scheduled for a hearing on Wednesday, and Grist is scheduled to be in court on Aug. 20. Both are scheduled for a jury trial in January.
