Man accused of plotting to kill grandparents seeks dismissal of charges

1 year 3 months 2 weeks ago Wednesday, July 25 2018 Jul 25, 2018 Wednesday, July 25, 2018 10:45:00 AM CDT July 25, 2018 in News
By: Steve Lambson, News Content Manager

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.

More News

Grid
List
JEFFERSON CITY - One group is fighting to have citizens vote directly on whether or not they want more Missourians... More >>
3 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 10:27:00 PM CST November 12, 2019 in News
JEFFERSON CITY - Jefferson City Fire Department said a resident alerted firefighters to two people were stuck in a car... More >>
4 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 8:59:00 PM CST November 12, 2019 in News
COLUMBIA - Dan White hasn't always been proud to recognize himself as a Vietnam veteran. "Things weren't very good... More >>
4 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 8:58:00 PM CST November 12, 2019 in EmVP
BOONE COUNTY - Crews restored power to nearly 800 Association of Missouri Electric Cooperatives customers Tuesday night. The power... More >>
6 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 7:19:00 PM CST November 12, 2019 in News
COLUMBIA - City manager John Glascock named De'Carlon Seewood as Columbia's new deputy city manager Tuesday. Seewood will... More >>
7 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 5:45:00 PM CST November 12, 2019 in News
COLUMBIA - One passenger was injured when a Columbia city bus slid on a patch of ice Tuesday morning. ... More >>
8 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 4:37:00 PM CST November 12, 2019 in News
COLUMBIA - Winter started with an early preview in October , but it went full throttle at the start of... More >>
9 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 4:20:00 PM CST November 12, 2019 in Climate
COLUMBIA - A combination of low temperatures and steady snowfall left roads slick and icy this morning around Columbia. ... More >>
10 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 3:13:00 PM CST November 12, 2019 in News
COLUMBIA ­– KOMU 8, Mid-Missouri’s CW and Mediacom agree to a new, multiyear agreement well before expiration of their current... More >>
10 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 3:10:00 PM CST November 12, 2019 in News
COLUMBIA — People around Missouri were able to see a fireball in the sky around 9 on Monday night. ... More >>
11 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 1:53:00 PM CST November 12, 2019 in News
JEFFERSON CITY - The Jefferson City Police Department is now streamlining information sharing for emergency situations through "Smart 911." ... More >>
12 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 1:19:00 PM CST November 12, 2019 in News
ST. LOUIS (AP) — The St. Louis Cardinals and Adam Wainwright have agreed to a contract for the 2020 season,... More >>
12 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 12:29:24 PM CST November 12, 2019 in Sports
COLUMBIA - Judge Tracy Gonzalez issued an order Tuesday denying bond reduction for a man suspected in the disappearance of... More >>
14 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 10:36:08 AM CST November 12, 2019 in News
ATLANTA (AP) — Former U.S. President Jimmy Carter was admitted to a hospital on Monday evening for a surgery... More >>
19 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 5:30:00 AM CST November 12, 2019 in News
ENGLEWOOD, Colo. (AP) — Drew Lock will get the chance to salvage his rookie season in Denver and show Broncos... More >>
20 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 5:07:57 AM CST November 12, 2019 in Sports
COLUMBIA - Veterans from three major wars flew to Washington D.C. early Tuesday morning for the final Central Missouri Honor... More >>
21 hours ago Tuesday, November 12 2019 Nov 12, 2019 Tuesday, November 12, 2019 3:53:00 AM CST November 12, 2019 in News
JEFFERSON CITY — An out-of-control kitchen fire in Jefferson City damaged an apartment Monday evening. The Jefferson City Fire... More >>
1 day ago Monday, November 11 2019 Nov 11, 2019 Monday, November 11, 2019 10:48:00 PM CST November 11, 2019 in News
PARIS, Mo. — A veteran of three wars is one of 108 mid- Missouri veterans who are visiting their memorials... More >>
1 day ago Monday, November 11 2019 Nov 11, 2019 Monday, November 11, 2019 10:13:00 PM CST November 11, 2019 in News
Columbia, MO
Broken Clouds 16°
2am 18°
3am 18°
4am 19°
5am 19°