By Emily Ashcraft, KSL
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PROVO, Utah (KSL) — An American Fork woman was found guilty of murdering and conspiring to murder her son-in-law who was shot and killed by her son moments after arriving at her home.
The jury reached a verdict after just over five hours of deliberation on Tuesday afternoon.
Tracey Grist, 60, was found guilty on each of the charges against her, including murder, a first-degree felony; conspiracy to commit murder and obstruction of justice, second-degree felonies; and two counts of domestic violence in the presence of a child, a third-degree felony.
During the trial, Grist testified on her own behalf, denying involvement in the conspiracy to murder Matthew Restelli, her daughter Kathryn Restelli’s husband. Kathryn Restelli also testified, however, and said she wanted to back out of a plan to murder her husband but that Grist said, “I’m doing it anyway.”
In the state’s closing arguments, deputy Utah County attorney Adam Pomeroy said Grist was the “hub” and “mission control” for the conspiracy. He said her home on July 12, 2024, the day of the killing, was a “hive of activity,” and noted that Grist was at the center of much of the communication.
Although her son, Kevin Ellis, pulled the trigger, “Grist killed Matthew Restelli,” he told jurors. “Kate and her kids were the motive, Kevin was the means and Tracey was the mastermind.”
He said Grist was inspired by an interest in true crime and created a poorly executed conspiracy, citing an internet search she made about a similar case.
Pomeroy said Grist waited eight minutes to call 911 — time she used to make sure Restelli was dead and plant the knife. The prosecutor claimed Grist preyed on her son’s “protective nature.”
Grist testified that multiple statements she made, shown during the trial in texts or testimony from her children where she threatened to kill her son-in-law, were jokes. Pomeroy said they joked so much the family became desensitized to the idea of killing him.
“It dehumanized Matthew that they routinely joked about killing him,” he said.
Pomeroy said Restelli was not agitated during phone calls with his wife on the drive to Utah, and it was just seconds between when he entered his mother-in-law’s home and when he was shot.
“You know what one of the worst parts of this is? She didn’t just deceive Matthew, she deceived some of her own children into doing her bidding without them ever realizing what was truly happening,” Pomeroy said.
The gun and the knife involved were Grist’s, connecting her to the knife which is not commercially available but was part of a subscription box Grist helped a friend cancel. He also said there was DNA evidence Grist or someone in her family had held the knife.
Pomeroy also cited conflicting stories about whether she had checked his pulse — Grist said she told Restelli’s mother they hadn’t checked the pulse, told dispatchers Ellis had, and testified that she had checked his pulse three times.
He closed his statements with a text Grist sent, responding to her son being mad at her while he was in jail. She said, “I’m mad at me, too.”
“Without Tracey, this doesn’t happen. … Without Tracey, Matthew Restelli is alive,” Pomeroy said.
Defense attorney Dana Facemyer provided other explanations and motivations for the evidence and claimed the prosecutors’ theory was incorrect.
In response to the closing arguments from prosecutors, he said the situation was not a joke or an “opportunity to write a novel” or come up with catchy phrases. He said the allegations in the case are serious.
Addressing Kate Restelli’s testimony about Grist’s role in the conspiracy, he said she testified to the state’s narrative — a “crazy” and “ridiculous plan.” He said she just agreed with the narrative to shorten her prison sentence after seeing intimidating evidence.
Facemyer said the wife “basically lied about almost everything,” and Ellis was “the killer,” referring to his use of cocaine that day and how he shot Restelli seven times.
“It makes me think that that guy’s not thinking right,” Facemyer said.
The defense attorney said he could have come up with a better plan than the one prosecutors allege occurred.
Facemyer played the interview from Grist with police in the hours after the killing, and said she didn’t claim to have heard an argument, suggesting she would have if they had planned a conspiracy where they could claim self-defense.
Fourth District Judge Roger Griffin sentenced Kathryn Restelli in September to two terms of one to 15 years in prison for a reduced charge of murder and conspiracy to commit murder, second-degree felonies, and five years to life for felony discharge of a firearm, a first-degree felony.
She pleaded guilty as part of a plea deal that reduced the murder charge from a first-degree felony, and agreed to testify as part of that deal at the trials for Ellis and Grist.
Ellis was found guilty of murder during his trial, but not guilty of conspiracy to commit murder. He was sentenced on March 31 to a term of 15 years to life in prison for murder, a first-degree felony; one to 15 years for obstruction of justice, a second-degree felony; and two terms of zero to five years for domestic violence in the presence of a child, a third-degree felony. The sentences were ordered to run consecutive.
Grist will be sentenced on June 10.
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