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Caryn Kelley breaks down in front of jurors

  • On tape, Caryn Kelley says: 'He fought me for the gun and he pointed it ... and it went off'
  • Video of Kelley learning about Peatross' death for the first time is played in court
Caryn Kelley is on trial for manslaughter in the death of boyfriend Phillip Peatross

Caryn Kelley trial: 29 evidence photos

Caryn Kelley trial: 29 evidence photos

Woman insists boyfriend's death was an accident

Woman insists boyfriend's death was an accident

Jurors got to watch an extremely emotional Caryn Kelley both in court and in a police interview that was played by prosecutors on Thursday in her manslaughter trial.

Kelley cried as she watched a video of police telling her that her boyfriend, Phillip Peatross, was dead.

When a technical issue caused the video to stop playing and jurors to be sent out, Kelley continued to cry and eventually left the courtroom. Upon her return, the judge warned Kelley that she would be removed from court if she couldn’t keep herself together.

Read more: The Caryn Kelley trial: Who's who?

Many in the courtroom, including Kelley’s supporters and Peatross’ children, also cried as the video was played. In the clip, Kelley tells police: “It was dark, somebody came into my house, he had already left, I heard a beep beep and I got the gun… couldn’t see him. It was [inaudible] and he fought me for the gun and he pointed it somewhere and it went off and I didn’t want to shoot him and he didn’t want to shoot himself but it went off and I was like, 'Oh my God, I can’t believe I… that even happened.'”

Kelley also told police, “You’re trying to make it look like I did something wrong and I didn’t.” And, “That’s a man that I love more than the world and he’s gone.”

Read more: Get a peek inside the Caryn Kelley case files

Prosecutors also played an audio file that was recorded without Kelley’s knowledge, while she was being escorted to the bathroom. In the recording, Kelley asks for an attorney. Det. Teresa Sprague says she wasn’t able to ask Kelley any more questions at that point, despite having “millions.”

On cross-examination, Sprague said she was surprised to learn Kelley hadn’t heard of Peatross’ death before. She admits she never thought of getting anyone to help counsel Kelley, who was clearly traumatized.

The defense also scored some major points when the detective admitted she had no evidence to dispute Kelley’s series of events that night -- that Peatross left around midnight, that he walked back through the garage door later and caused the alarm to chime and that there was a struggle.

Read more: Jury won’t hear of Xanax, Ambien ties in Kelley trial

Sprague also said she couldn’t say who was in control when the gun fired, only that Kelley was in control of the gun when Peatross entered the room. She also admitted it could have been an accidental shooting in a struggle over the gun.

After the state rested its case on Thursday, the defense started by showing a photo of Kelley’s arms before her first court appearance. Her right arm appears to be bruised.

A neighbor and close friend of Kelley’s also took the stand. Lou Bross was the last one to see the couple before Peatross was shot to death and says he didn’t notice anything remarkable about them that evening. He said it was “obvious” to him that the couple was in love. He also talked about Kelley’s problem with HOA members at another property she owned, which Kelley said was the reason she had the gun in her home.

Read more: Who pulled the trigger on Caryn Kelley's gun?

The defense scored a huge victory when the judge said they would be able to tell jurors about an incident in 2006 where Peatross threatened to kill himself in front of his ex-wife. He was involuntarily committed.

The judge told jurors to expect a long day on Friday in the hopes that they’ll finish the case by the evening. Kelley’s defense attorney said in opening statements that her client was eager to tell jurors her side of the story, but it’s still unknown whether she’ll testify.

Kelley has told police she pulled out the gun, believing Peatross was an intruder. Peatross came after the gun and, according to Kelley, the two struggled over it and it went off, killing Peatross.

But prosecutors say the gun couldn't have fired on its own, that someone had to pull the trigger -- and that someone was Kelley. They also say Kelley has changed her story several times.

If convicted, Kelley faces 30 years in prison for manslaughter.

Stay with for complete coverage of Kelley's trial.

In Session's John Alleva contributed to this report.

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