Man charged in death of Nicholas County deputy pleads no contest to lesser charge

SUMMERSVILLE, W.Va. – The man charged in connection with the June 2022 shooting death of Nicholas County Sheriff’s Deputy Tom Baker entered into a plea deal Tuesday ahead of his scheduled trial.

Brent Tyler Kelly, 30, of Birch River, pleaded no contest to voluntary manslaughter. He had been charged with murder in Baker’s death.

Kelly pleaded guilty Tuesday to conspiracy, admitting he knew Richie Holcomb, the man who shot the police, was prohibited from having a gun.

The plea agreement drops the murder charges, two counts of attempted murder and four counts of wanton endangerment.

Kelly will be sentenced by Webster County Circuit Judge Jack Alsop, the special judge appointed in the case, on September 12.

Alsop convened a 75-member jury at the Summersville courthouse on Tuesday to begin jury selection. The judge announced a possible plea deal even before the trial began.

Baker was killed during a shootout near a trailer Kelly and Holcomb were using in the Birch River area on June 3, 2022.

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 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.

A no contest plea means Kelly does not admit guilt but accepts the conviction for the charge. Voluntary manslaughter carries a prison sentence of 3 to 15 years in West Virginia.