SUMMERSVILLE, W.Va. — A judge has set a new trial date in the case of the man charged in the June 2022 death of Nicholas County Sheriff’s Deputy Tom Baker.
Brent Tyler Kelly, 29, of Birch River, was set to go on trial April 2 but Webster County Circuit Judge Jack Alsop moved the trial to July 23 in a pretrial hearing held earlier this week in Summersville.
The charges against Kelly include murder, two counts of attempted murder, four counts of wanton endangerment and one count of conspiracy that alleges Kelly knew that Richie Holcomb, the man allegedly shooting at police, was prohibited from having a gun.
Baker was shot and killed during a shootout near an RV that Kelly and Holcomb were using in the Birch River area.
Kelly’s attorney, Robert McCoid, argued two pretrial motions this week. He wants Alsop to suppress the police search of the RV and to suppress two statements Kelly gave to police. One of those statements came the night of the shooting at the state police headquarters in Summersville. The other statement was given by Kelly to an ATF agent who interviewed Kelly at the South Central Regional Jail.
Alsop heard testimony on both motions this week. He gave the Nicholas County prosecutor 15 days to respond. The defense will then have 15 additional days to respond to the prosecutor’s arguments.
During an August 2022 preliminary hearing, a state police trooper testified that evidence showed Kelly had gunshot residue on his hands, face and forehead but under cross-examination the trooper admitted he wasn’t sure if Kelly fired a shot during the two-plus hour 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 claimed Baker’s life.
Wording in each count of the indictment said that Kelly acted in concert with Holcomb in committing the crimes.
Kelly remains in the South Central Regional Jail without bail.
