Man accused of killing wife as she sat on toilet goes on trial in Visalia

VISALIA, Calif. (KFSN) -- It's a puzzling case. Authorities didn't feel they had enough evidence to charge Terry Geller with a crime when it happened, then five years later charged him with murder. A judge threw out the case, so the district attorney then persuaded a grand jury to file the charges. Now, seven years after Tena Geller was killed, her husband is on trial in Visalia for causing her death.

Terry Geller is finally hearing the case against him. He has admitted that on Sept. 21, 2007, he shot and killed his wife, Tena, who was then 44 years old. He said he had been cleaning his pistol when it fired -- the bullet going through a closed bathroom door and striking his wife in the chest as she sat on the toilet.

In opening arguments, prosecuting attorney Brenda Broker portrayed it as a deliberate act.

"He pulled the hammer back, shoulder point, directed it right through the door. Tena Geller didn't even know it was coming," said Broker.

Geller is charged with first-degree murder, but Geller's attorney, Michael Idiart, said it was not intentional.

"What's not in dispute in this case is that Terry Geller fired the weapon one time, through a bathroom door, and it killed his wife as she sat on the toilet," said Idiart. "This happened seven years ago. What is in dispute is whether he intended to kill her or whether this was a horrific accident."

The first witnesses on the stand were police officers who responded to the shooting. They noted Geller was still on the phone to 911 when they arrived. They said he was remorseful and admitted to accidentally shooting his wife. But the prosecution notes he only called 911 to report the shooting after he first called his parents in Oklahoma to tell them what happened. The prosecution claims Tena Geller bled to death during that nine-minute call.

"If 911 would have been called immediately there's a very good chance Tena Geller would have survived," said Broker.

The prosecution also pointed to inconsistencies in Geller's statements to police officers. But Idiart told the jurors they will see those statements for themselves.

"You are going to hear an extensive video of my client on the night this happened. You are going to decide if there are any inconsistencies," said Idiart.

Those videos will be played in court next week.

Terry and Tena Geller were married for 25 years. They have two adult children.

One of the factors in this case may be the fact that neighbors and friends say the couple liked to drink. On the night of the shooting, Terry Geller's blood-alcohol level was 0.16; that's double the legal limit for driving. An autopsy revealed his wife, Tena, had also been drinking on the night she was killed.