PROVO, Utah (Court TV) — A Utah judge has officially severed the cases of Kevin Ellis from his mother, ruling that he will stand trial first.
Kevin Ellis appears via remotely from the Utah County Jail for a Jan. 29 2024 hearing. (Court TV)
During the brief hearing in Provo on Wednesday, Judge Roger W. Griffin approved the motion to split Ellis’ case from his mother, Tracey Grist, before announcing that Ellis’ trial would proceed first.
This development follows Kathryn Restelli’s guilty plea earlier this summer. Ellis’ sister and the victim’s wife pleaded guilty to three charges in the July 2024 death of Matthew Restelli: murder, conspiracy to commit murder and discharge of a firearm. Kathryn will be sentenced on September 9.
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Ellis faces multiple charges, including murder and possession of a controlled substance, for allegedly shooting Matthew Restelli seven times at their family home on July 12, 2024. Ellis has claimed he acted in self-defense to protect himself, his sister, and his mother, all of whom were in the house at the time of the shooting.
Defense attorney Scott Williams requested another update hearing in 6-8 weeks, citing the need to determine trial scheduling between Ellis and his mother, as well as time to secure expert witnesses.
Judge Griffin scheduled the next hearing for October 15, 2025.
Digital evidence previously presented in court suggests a plot involving Kathryn and Grist. Text messages and search histories indicate discussions about Kathryn’s desire to leave her marriage and plans to lure Matthew to Utah.
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Investigators found an audio recording on Grist’s phone of Kathryn speaking to a divorce attorney, asking how she could legally refuse to take her children back to California and leave their father. She maintained she was suffering verbal abuse but said Matthew had never physically hurt her or the children.
The attorney for Grist also appeared at Wednesday’s hearing and confirmed Grist’s attendance at the October hearing.
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