July 14, 2023 at 11:00 a.m.

Kelly sentenced to 30 years

Portland man attempted to withdraw plea to voluntary manslaughter


A Portland man has been sentenced to three decades in prison.

Jeremy W. Kelly, 51, was given a 30-year sentence Friday in Jay Circuit Court for causing the death of his father, 72-year-old Gary Kelly.

Jeremy Kelly pleaded June 5 to voluntary manslaughter, a Level 2 felony. His charge was lessened from murder, which carries a penalty of 45 to 65 years with an advisory sentence of 55 years. The plea agreement also dismissed a Level 2 felony charge for robbery resulting in serious bodily injury, which has a sentence of between 10 and 30 years.

During his hearing Friday, Jeremy Kelly — he appeared by video — told Jay Circuit Court Judge Brian Hutchison he would like to withdraw his guilty plea and wanted to be appointed different counsel than attorney Aaron Henderson. Henderson noted Jeremy Kelly refused to meet with him prior to the sentencing hearing, and he also requested to be withdrawn from the case.

“The sentencing is going to happen today,” said Hutchison.

He gave Jeremy Kelly the option to either be represented by Henderson or represent himself. Jeremy Kelly refused to make a choice, and Hutchison denied Henderson’s motion to withdraw.

According to the order on sentence filed in the online Indiana court system, Jeremy Kelly filed a pro se motion — it means he represents himself in court without the assistance of an attorney — to withdraw his guilty plea. Because he declined to represent himself, the order says, his motion was not in proper form and therefore denied.

Jeremy Kelly said he objected and left the proceedings as Landers presented his recommendations for sentencing, according to the order on sentence.

 Family gathered in the courtroom in support of the victim, Gary Kelly. Jay County deputy prosecutor Zechariah Landers noted the aggravating circumstances with Jeremy Kelly’s background — he has been convicted of three felonies and six misdemeanors in the past — and referred to his actions as violent.

“Heinous crimes are the ones you put people in prison for,” he said, requesting the maximum sentence of 30 years.

Henderson pointed out Jeremy Kelly also has other pending charges. (He pleaded in Wayne Circuit Court in May to unlawful possession of a firearm by a serious, violent felon, a Level 4 felony. His sentence hearing for the case is Aug. 21.) He asked for an opportunity for Jeremy Kelly to seek rehabilitation treatment.

“I do agree with the state, this is a particularly heinous crime,” said Hutchison.

He sentenced Jeremy Kelly to 30 years in prison to be served consecutively to his case from Wayne County. Jeremy Kelly was given credit for time served since March 3, 2022.

Police found Gary Kelly dead at his home, 912 S. Vine St., Portland, about 1:12 p.m. Feb. 25, 2022. 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 found inside 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.

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