Man accused of plotting to kill grandparents seeks dismissal of charges
COLUMBIA - The attorney for a man accused of plotting to kill his grandparents filed a motion Monday to have the case dismissed.
Brian Kelley, 20, is in jail on numerous charges, including conspiracy to commit murder, armed criminal action and domestic assault. According to his indictment, he conspired with his friend, Jared Bears, to beat Kelley's grandparents to death.
In December 2017, deputies arrested Kelley and Bears after responding to reports of a domestic assault at the grandparents' home. According to court documents, Kelley attacked the couple with a board and a pipe. The grandfather reportedly sprayed Kelley with a wasp-killing spray in an attempt to stop the assault and managed to hold him at gunpoint until deputies arrived.
Attorney Stephen Wyse, who represents Kelley, filed the motion seeking a dismissal of all charges, citing a the disappearance of important evidence.
In it, he said at the time of the arrest, Kelley was wearing a black shirt and black pants, which were taken by jail officials. Sometime later, the motion said, the clothing went missing, and hasn't been found.
In May, Wyse asked that the clothing be tested in a laboratory to determine how saturated the clothes were with the spray, citing information from the World Health Organization and Centers for Disease Control and Prevention that chemicals in the wasp spray can have "neurotoxicity and neurobehavioral impacts on adult animals."
The motion included this conclusion for the requested dismissal:
"The yet as of unexplained loss, concealment and/or destruction of items belonging to Brian Kelley denies him the use of this crucial evidence in support of his theory of the case and irreparably harms his rights under the Missouri and United States Constitution(s). If the Court determines that the damage done to Brian Kelley’s Constitutional rights by the loss of this exculpatory evidence cannot be mitigated, then this matter and all related charges should be dismissed with prejudice."
Another man, Jared Bears, is also charged with conspiracy to commit murder in the case.