Preliminary hearing in Nicholas County man charged in deputy’s death

SUMMERSVILLE, W.Va. — The trial for the man charged in the June 2022 shooting death of Nicholas County Sheriff’s Deputy Tom Baker is scheduled to go to trial July 23 in Summersville.

Brent Tyler Kelly, 30, of Birch River, was in court Friday for a preliminary hearing before Webster County Circuit Judge Jack Alsop.

In a ruling Friday, Alsop denied a request to allow a juror questionnaire to be sent before the trial. Alsop said he will allow potential jurors to be interviewed individually during jury selection. He also commanded a jury of more than 75.

The charges against Kelly include murder, two counts of attempted murder, four counts of wanton endangerment and one count of conspiracy alleging that Kelly knew that Richie Holcomb, the man who allegedly shot at police, he was forbidden to have a weapon.

Baker was shot and killed during a shootout near a trailer Kelly and Holcomb were using in the Birch River area.

One of the key witnesses in the trial is expected to be former Nicholas County Deputy Jarrod Bennett, who is awaiting sentencing in federal court after pleading guilty in March to producing child pornography. He also ruled that state police would transport Bennett to and from the trial.

During a preliminary hearing in August 2022, a state trooper testified that evidence showed Kelly had gunshot residue on his hands, face and forehead, but during questioning, police admitted they were unsure if Kelly had fired a shot during the extra two hours. standoff.

Holcomb, who died inside the RV, died of a self-inflicted gunshot wound from an AR-15. The suicide was confirmed by the state Medical Examiner’s Office. It was bullets from that AR-15 that took Baker’s life.

The wording in each count said Kelly acted in concert with Holcomb in committing the murders.

Kelly remains in the South Central Regional Jail without bond.