June 5, 2023 at 7:08 p.m.
Kelly pleads guilty
Murder trial had been scheduled to begin Monday
Kelly pleads guilty
By Bailey Cline-
A last-minute plea has significantly shortened the time a Portland man faced in prison.
Jeremy Kelly, 51, pleaded guilty Monday to voluntary manslaughter in relation to the death of his father, 72-year-old Gary Kelly.
Kelly also pleaded guilty last week in Wayne Circuit Court to unlawful possession of a firearm by a serious, violent felon, a Level 4 felony.
Jeremy Kelly’s plea came just before the prosecution, defense and Jay Circuit Court judge Brian Hutchison began jury selection for the trial, which was slated to start Monday morning. Jay County prosecutor Wes Schemenaur explained the defense reached out to him Sunday about Kelly’s guilty plea.
“I about fell out of my chair,” he admitted, noting his team hadn’t expected Kelly to change course.
Voluntary manslaughter, a Level 2 felony, carries a sentence of up to 30 years. It’s a lesser offense than his initial charge of murder, which carries a penalty of 45 to 65 years with an advisory sentence of 55 years. A Level 2 felony charge for robbery resulting in serious bodily injury — its sentence varies between 10 and 30 years — was dismissed.
A sentencing hearing for Kelly is scheduled for 9:30 a.m. July 14. His sentencing hearing in the Wayne County case is set for July 3.
Murder, by definition, is knowingly and intentionally killing someone. Voluntary manslaughter includes the same language but adds that the crime was committed while acting under sudden heat. The distinction, noted Schemenaur, is the matter of killing while acting under a rage or certain passion.
“He’s facing 42 years and we felt like given his age, he’ll serve 75% of that,” said Schemenaur. “He’s going to be (an) old man if he ever makes it out of prison.”
Gary Kelly was found dead at his home at 912 S. Vine St., Portland, about 1:12 p.m. Feb. 25, 2022. His death was later ruled a homicide, and an autopsy indicated he suffered blunt force trauma to the head, face and abdomen.
The same day Gary Kelly was found dead, Jeremy Kelly arrived at a house in Milton, told the homeowner he was “the devil” and ordered her to get in the car he was driving, according to a Wayne County Sheriff’s Office press release. The homeowner called 911, and Kelly left the property. He was later arrested on the west side of Richmond. A handgun and shotgun belonging to Gary Kelly were both found inside of the stolen car Jeremy Kelly was driving.
Jeremy Kelly’s criminal history in Jay County dates back to 1995, having been charged in the past with domestic battery, strangulation, criminal confinement, operating a vehicle while intoxicated and resisting law enforcement.
Schemenaur noted the victim’s family was glad to have a sure outcome in the case.
“It may not be enough time, but what time is enough?” he said.
Jeremy Kelly, 51, pleaded guilty Monday to voluntary manslaughter in relation to the death of his father, 72-year-old Gary Kelly.
Kelly also pleaded guilty last week in Wayne Circuit Court to unlawful possession of a firearm by a serious, violent felon, a Level 4 felony.
Jeremy Kelly’s plea came just before the prosecution, defense and Jay Circuit Court judge Brian Hutchison began jury selection for the trial, which was slated to start Monday morning. Jay County prosecutor Wes Schemenaur explained the defense reached out to him Sunday about Kelly’s guilty plea.
“I about fell out of my chair,” he admitted, noting his team hadn’t expected Kelly to change course.
Voluntary manslaughter, a Level 2 felony, carries a sentence of up to 30 years. It’s a lesser offense than his initial charge of murder, which carries a penalty of 45 to 65 years with an advisory sentence of 55 years. A Level 2 felony charge for robbery resulting in serious bodily injury — its sentence varies between 10 and 30 years — was dismissed.
A sentencing hearing for Kelly is scheduled for 9:30 a.m. July 14. His sentencing hearing in the Wayne County case is set for July 3.
Murder, by definition, is knowingly and intentionally killing someone. Voluntary manslaughter includes the same language but adds that the crime was committed while acting under sudden heat. The distinction, noted Schemenaur, is the matter of killing while acting under a rage or certain passion.
“He’s facing 42 years and we felt like given his age, he’ll serve 75% of that,” said Schemenaur. “He’s going to be (an) old man if he ever makes it out of prison.”
Gary Kelly was found dead at his home at 912 S. Vine St., Portland, about 1:12 p.m. Feb. 25, 2022. His death was later ruled a homicide, and an autopsy indicated he suffered blunt force trauma to the head, face and abdomen.
The same day Gary Kelly was found dead, Jeremy Kelly arrived at a house in Milton, told the homeowner he was “the devil” and ordered her to get in the car he was driving, according to a Wayne County Sheriff’s Office press release. The homeowner called 911, and Kelly left the property. He was later arrested on the west side of Richmond. A handgun and shotgun belonging to Gary Kelly were both found inside of the stolen car Jeremy Kelly was driving.
Jeremy Kelly’s criminal history in Jay County dates back to 1995, having been charged in the past with domestic battery, strangulation, criminal confinement, operating a vehicle while intoxicated and resisting law enforcement.
Schemenaur noted the victim’s family was glad to have a sure outcome in the case.
“It may not be enough time, but what time is enough?” he said.
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