A grand jury issued Athens County Sheriff Pat Kelly a 25-count indictment Friday accusing him of 23 felonies and two misdemeanors, capping a state probe that was veiled in secrecy for more than a year.
As Kelly, 63, maintained his innocence and declared he will not step down from office Friday, Ohio Attorney General Mike DeWine said he, in accordance with state law, will ask the Ohio Supreme Court to determine whether Kelly should be suspended from office until a verdict is reached in the jury trial.
Athens County Commissioner Lenny Eliason said if there is a vacancy to fill, the commissioners can approve a temporary replacement until the county’s Democratic Central Committee, a group made up of county public figures including some Athens City Council members, appoints a sheriff on an interim capacity. Commissioner Charlie Adkins said he knows of at least four people interested in taking over but declined to release names.
Accusations against Kelly
Speaking at a news conference held at the Ohio Department of Natural Resources’ Athens branch on East State Street, DeWine confirmed the special grand jury he called to convene in June indicted Kelly on criminal charges, including 13 counts of theft in office, four counts of theft and one count of money laundering, among others.
The felonies are of the first through fifth degree and misdemeanors are of the first and second degree, according to court documents.
The count of pattern of corrupt activity, a felony of the first degree, could land Kelly between three to 11 years in prison if he is convicted. If he is found guilty of other charges, it would mean serving additional time, DeWine said during the news conference.
Kelly is also accused of using his office’s funds for personal items, such as clothing and meals, and benefiting from the sale of county property, according to a statement by Auditor of State Dave Yost.
The value of the property obtained in each charge is “more than $1,000 but less than $7,500,” DeWine said, adding that he could not comment further on anything else Kelly allegedly might have stolen from his office.
How the state got involved
In September 2012, an Albany man accused Kelly of assaulting him after a fundraising event for Kelly’s re-election. The complaint was eventually brought to Athens County Prosecutor Keller Blackburn, who asked DeWine to investigate because of a natural conflict between Blackburn’s and Kelly’s offices.
That snowballed into a wide-scooped investigation by the Bureau of Criminal Investigation & Identification, a state agency that is a branch of DeWine’s office.
“We were asked to come in and check out an alleged assault,” DeWine said.
“Once we got into the case, it was evident there was a lot more there.”
DeWine said Friday was a sad day for Athens County and the state.
“When any elected official is indicted, it is a sad, sad day,” he said. “I take no pleasure in this.”
David Jenkinson, the man who accused Kelly of assault, said Friday that Kelly is “just a bully” who should spend some time behind bars.
“I’m a happy camper,” Jenkinson said.
Kelly did not face any charges of assault from the incident.
What’s next
DeWine made it clear that Kelly is not yet required to step aside and said Kelly, a Democrat, would not be arrested because he does not pose a threat to the county or seem to be on the verge of fleeing the area.
In fact, instead of fleeing, Kelly, of The Plains, said Friday he does not plan to step down from his position and intends to plead not guilty to all charges at his arraignment in Athens on Feb. 10.
“Pat Kelly was elected to do a job, and Pat Kelly will continue to serve Athens County,” Kelly said.
He also stated in a Facebook post Sunday that though he does not plan to address this situation often, he wanted to continue to express his disappointment in the state’s investigation, saying that “if (DeWine) has any integrity (he) will issue a public apology” to others listed in the indictment documents as people who allegedly assisted Kelly in the sale of county property.
At his news conference, DeWine noted that no one else was indicted Friday, and he added that, “frankly, we don’t know who else we can indict.”
DeWine said that he cannot say as of now whether Kelly will face any more charges.
Officials: Case could hurt region
Kelly continued to denounce DeWine and Blackburn on Friday and during the weekend, calling the entire ordeal “political.”
“Sadly, (their) obsession with the following political agenda suggests that their leadership is not up to the kind of honest investigation and oversight that would lead to a clear and just assessment of the facts presented,” Kelly said. “I have not committed or attempted to commit any criminal act (nor) have any of my employees. ... I’m sure Mike DeWine will try to find me guilty.”
Blackburn, who requested in September 2012 that DeWine’s office look into the accusation that Kelly assaulted an Albany man, said he would not provide any specific comments on the indictment.
Though Blackburn said in a news release from his office that “the wheels of justice are continuing to move and criminal defendants are being held accountable,” he also reminded citizens that an individual is innocent unless proven guilty, and Kelly will be no different.
“We’ve got an expensive trial to go through,” said Athens County Treasurer Bill Bias, a former Athens City Council president. “We’ll do just fine once it goes through.”
Bias said he would refrain from providing comments on how Kelly’s money laundering and theft in office charges could affect the county’s economy until after he has read all of the documents.
Indictment puts Kelly in a small club
Although DeWine said cases in which public officials are indicted for crimes don’t “happen very often,” they are not completely unheard of in Ohio, according to other examples given by his office staff.
In 2012, Shelby County Sheriff Dean Kimpel was indicted for one count of sexual battery, which was eventually dropped, though he was convicted of misuse of a state computer system.
Michael McVey, superintendent of Steubenville City Schools, was indicted in November 2013 on a charge of obstructing justice, among other charges, for allegedly attempting to cover up details of the 2012 Steubenville High School rape case.
Michael Shane Shuster, former mayor of Stockport County, was convicted of raping a child in May 2013.
Yost, whose office had released several annual audits that were critical of Kelly’s money managing style, said in a statement Friday that DeWine’s investigation proves that “no one is above the law.”
Events leading to indictment
Athens County Sheriff Pat Kelly has been no stranger to controversy and accusations of misconduct, but the 25-count indictment handed down by a grand jury Friday was the first time during his time in office he was formally accused of wrongdoing.
Here is a partial timeline of the trials and tribulations of Kelly’s time in office, based largely on previous Post reporting.
Nov. 4, 2008
Pat Kelly, a Democrat, defeats Republican challenger
Steve Kane and is elected Sheriff of Athens County.
April 5, 2012
A Post investigation reveals Kelly’s office only partially complies with state standards for reporting seized and forfeited property.
September 2012
David Jenkinson, of Albany, accuses Kelly of assaulting him after a fundraising event for Kelly’s re-election. It was this accusation that opened the state’s investigation that led to Kelly being served with a 25-count indictment.
Oct. 4, 2012
State Auditor Dave Yost’s office releases an audit that states Kelly illegally spent more than $14,000 from a “Furtherance of Justice” checking account.
November 2012
Kelly is re-elected to his second term with 59 percent of the votes, again defeating Republican Steve Kane.
May 13-15, 2013
Timeframe during which Kelly is accused of illegally dumping county records, according to Athens County Prosecutor Keller Blackburn.
June 6, 2013
Grand jury trial is called to convene by Ohio Attorney General Mike DeWine. Kelly and other local officials testify.
June 2013
Kelly and his staff are searched amid a state probe.
July 16, 2013
State audit reveals Kelly’s office misspent almost $5,800 in 2012.
August 23, 2013
Kelly dismisses allegations against him as “typical Athens County politics.”
Aug. 30, 2013
Kelly is served with four subpoenas that demand he give up confidential informants, provide information about any and all investigations targeting public officials, show how many hours he has worked in the past three years, and explain why copper wiring allegedly went missing under his watch.
Sept. 17, 2013
Athens County Common Pleas Court Judge L. Alan Goldsberry requests to have an outside judge oversee the grand jury. Ohio Supreme Court Chief Justice Maureen O’Connor appoints former Summit County Common Pleas Justice Patricia Ann Cosgrove.
Sept. 18, 2013
County commissioners approve Blackburn’s request to have Cuyahoga County Prosecutor Timothy J. McGinty represent Kelly amid growing tension between Blackburn’s and Kelly’s offices.
Oct. 3, 2013
Kelly said he would not comply with a subpoena demanding he turn over a list of his confidential informants.
Oct. 16, 2013
Local officials say investigation into Kelly is giving the county a bad name.
Oct. 23, 2013
Judge rules that Kelly must comply with a subpoena requiring he hand over a list of confidential informants. Kelly said he’d comply.
Jan. 31
Special grand jury reconvenes. DeWine comes to Athens and announces that Kelly is being indicted.
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