DNA evidence in Oconomowoc slaying found on knife, gloves

Mike Johnson

Nov. 4, 2009 (McClatchy-Tribune Regional News delivered by Newstex) -- WAUKESHA -- The DNA evidence linking Justin Patrick Welch to the stabbing death of Kimberly Smith last month was found on a knife and gloves recovered near her home, according to court records.

Additionally, a fingerprint matching Welch was found on the gloves, an affidavit filed with a subpoena seeking telephone records states.

The knife, believed to be the weapon used to kill Smith, 39, on Oct. 1, and the latex/vinyl-type gloves were recovered from a sewer drain near Smith's residence in the 300 block of S. Maple St.

Authorities on Oct. 27 issued an arrest warrant for Welch, of French Camp, a suburb of Stockton, Calif., and charged him with first-degree intentional homicide.

At a news conference that day, Oconomowoc Police Chief David Beguhn and District Attorney Brad Schimel said Welch's DNA had been found on evidence, but they declined to say what item or items of evidence contained the DNA of Welch.

The subpoena and supporting affidavit, filed in Waukesha County Circuit Court, seek records related to a Verizon (NYSE:VZ) Wireless telephone number of Welch's wife, of French Camp. Police want a list of incoming and outgoing calls and identifying information related to those calls as well as cell phone tower information for the incoming calls.

Authorities believe getting Welch's phone number and the phone records of his wife will help them locate Welch, according to the affidavit.

The wife told Oconomowoc Police detective Andrew Rich on Oct. 26 that Welch had called her cell phone on Oct. 16, but blocked his number.

She said she had not seen Welch since April but that he called her from time to time. Before the Oct. 16 call, she said Welch had not called since September, court records state.

The couple has a divorce case pending in California, according to that state's court records.

Beguhn has said that police don't know Welch's whereabouts. His ties to Wisconsin are not known and investigators do not know if Smith knew him. Smith's relatives told investigators that they do not know Welch.

Welch has a criminal history that includes robbery, auto theft and battery and he is being sought by California authorities on a probation violation. Welch's DNA and fingerprints were on file in connection with his criminal record in California.

The Wisconsin State Crime Lab submitted the DNA recovered from the knife and gloves to a national databank and the DNA profile was matched to Welch, court records state.

Welch might be driving a 2007 gold Jeep Patriot that was stolen in the Stockton area in July. The Jeep's California license plate number is 5Y0M243.

Smith, 39, was found dead in her home about 9:30 a.m. Oct. 1. Her hands were bound and she had been stabbed a number of times, court records state.

Her 4-year-old son, Jackson, was home at the time of the slaying, but did not witness the killing.

Smith's boyfriend, who lived with her and Jackson, found Smith's body in the living room and called 911. The boyfriend said he had left for work about 6 a.m. and returned after learning that Smith didn't show up at her job, according to Beghun.

Newstex ID: KRTB-0130-39449791