SUMMERSVILLE, W.Va. — The man charged in the shooting death of Nicholas County sheriff’s deputy Tom Baker delayed his preliminary hearing Thursday by waiving the initial 10-20 day time requirement.
Brent Tyler Kelly, 28, of Birch River, decided to have the hearing at a later date. He met by video with his attorney Eric Wildman for several minutes Thursday afternoon at magistrate’s court in Summersville before deciding to waive the time requirement.
Kelly remains in the Central Regional Jail without bail.
Senior Status Magistrate Marva Crouch said Wildman was just assigned the case Wednesday night and hadn’t had time to meet with his attorney until Thursday afternoon.
“They determined that they’d go ahead and ask for a time waiver so they would have time to discuss the case and make their decision about what they are going to do about it,” Crouch said.
Kelly and Richie Holcomb allegedly opened fire on Baker and Clp. Chris Ellison last Friday evening at Kelly’s property on Birch River. Baker and Holcomb were killed in the exchange.
A few of Kelly’s family members were at magistrate court Thursday in case there was a hearing.
A new hearing date will be set soon.
Also Thursday, federal authorities charged Melanie Clodfelter, 41, with purchasing an AR-15 style rifle for Holcomb.