Jurors Hear Opening Statements In Travis Kirchner Murder Trial

Jurors heard opening statements and witness testimony Tuesday afternoon in the murder trial against Travis Kirchner, the owner and operator of a popular ranch known for children’s parties and pony rides.

It was Sept. 18, 2008 when authorities discovered the body of 81-year-old Patricia Kirchner, Travis’s mother, in a garage at the Poki Roni ranch property. Patricia Kirchner had died of carbon monoxide poisoning.

The death was initially believed to be a suicide, but authorities arrested Travis Kirchner and charged him with murder days after his mother’s body was discovered.

Judge Mary Anne Bramblett is presiding over the trial in the 41st District Court. The jury of eight women and four men was picked Tuesday morning.

Prosecutors Rick Locke and Kevin Schultz laid out their case against Kirchner and questioned witnesses. During the opening statement, Locke said the evidence will show Kirchner went drinking with a friend the night of Sept. 17th and asked that friend to give him a sedative called Ambien. Locke said Kirchner gave his mother the Ambien later that night and said the dose was powerful enough to render her sluggish or unconscious. Locke said Kirchner then placed his mother in a yellow PT cruiser he had rented at the sealed garage, turned the car on and let the carbon monoxide take over.

Prosecutors added Kirchner told others his mother was dead more than two hours before he called 911.

Kirchner’s defense attorney Dolph Quijano countered with his own version of events that night of Sept. 17th. Quijano told jurors, “This was not a murder. This was a suicide pact gone wrong.”

The defense said both Kirchners meant to kill themselves that night because they were “devastated” following a judge’s ruling days before that would have shut down their ranch’s commercial operation. Faced with the idea of losing their livelihood, Quijano said the Kirchners made a suicide pact. “This was a son trying to help his mother when she felt there was nothing left,” said Quijano.

The defense said both Kirchners left suicide notes indicating their intentions to die and that Travis Kirchner had even started giving away his possessions days before Sept. 17. On the night of the 17th, Quijano said Kirchner was also in the yellow PT cruiser waiting to die of carbon monoxide poisoning. However, Kirchner woke up nauseous and threw up after passing out for some time.

Quijano said Kirchner felt he had botched his end of the suicide pact and tried to kill himself twice more after getting out of the driver’s side of the car by attempting to hang himself and inhale fumes.

Three El Paso Police Department officers were called to the stand Tuesday. They had all been to the scene where Patricia Kirchner’s body was found and taken evidence there.

During cross-examination, one of the scene technicians testified he had noticed a substance on the floor of the garage next to the driver’s side. He said he described the substance in a report as “possible vomit.”

The defense also questioned the second witness, another EPPD scene technician. According to the defense, an unidentified scene technician “messed up” some of the evidence gathered. Quijano said a blood sample could have shown whether Kirchner had levels of carbon monoxide in his system following the discovery of his mother’s body. However, the blood sample was not sufficient to run that particular test.

The state’s third witness, an EPPD officer who also gathered evidence in this case, showed pictures of Kirchner with outstretched arms when Kirchner was being questioned by police after Patricia’s death. The pictures showed some scratches on Kirchner’s arms.

The trial continues Wednesday morning. A gag order has been placed on the case, meaning no one involved is allowed to comment on it until the end.