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Man accused of killing Marblemount witness in criminal case

Over the course of the investigation, multiple witnesses said they were too afraid to speak to law enforcement out of fear of retaliation.
Credit: Courtesy of Kittitas County Sheriff's Office
James Kelly.

SKAGIT COUNTY, Wash. — A suspect is accused of killing a Marblemount man who was acting as a witness against him in an ongoing criminal case. 

The suspect, identified as James J. Kelly, appeared in court Tuesday where his bail was maintained at $1 million for probable cause of felony aggravated murder with a firearm. Kelly also faces charges in two separate criminal cases in Skagit County, including making threats to kill, attempting to elude police, driving with a suspended license, possession of a stolen vehicle, and possession of stolen property. Bail was set at $125,000, combined for the two other cases. 

In addition to the Skagit County charges, Kelly has been wanted in connection to a slew of burglaries in Kittitas County since December 2023.

Kelly was known to law enforcement for having a history of eluding police and for "desperate flight" from attempts to take him into custody, according to the Kittitas County Sheriff's Office (KCSO). 

The Skagit County Sheriff's Office (SCSO) arrested Kelly on March 21 with the help of Whatcom County and the Bellingham Police Department.

SCSO's investigation began in late February after hearing unverified reports from members of the community that Kelly killed Justin Spaeth following a confrontation at a mutual acquaintance's house in Marblemount. 

Over the course of their investigation, multiple people agreed to speak with law enforcement on the condition of anonymity, saying they were scared Kelly would retaliate against them if he knew they spoke with police. Those who came forward repeated rumors that Kelly shot Spaeth in the head on Feb. 28 and disposed of his body. 

On March 1, a 911 caller who asked to remain anonymous reported she saw Kelly in the Hamilton area driving a dark 1990s Honda Civic with tinted windows. Kelly's girlfriend was later stopped after she was spotted driving the car, which deputies discovered was previously reported stolen. 

After impounding the vehicle, deputies discovered the carpeting had been removed from the trunk, and a shotgun and shotgun cartridges were found inside. The registered owner of the car was contacted and confirmed to law enforcement that there was carpet in the trunk before the vehicle was stolen, according to court documents. 

After speaking with witnesses, deputies were granted a search warrant for the property where Spaeth was reportedly killed. Investigators found several "small but thick" drops of blood in the gravel and sand next to a creek. In a nearby firepit, detectives found partially burned clothing, including a shirt, possible underwear and a single black sock. 

Deputies then contacted a witness who had previously refused to speak with them but was rumored to have been on the property on the night that Kelly allegedly killed Spaeth. The witness told law enforcement that Kelly confronted Spaeth in the early morning hours of Feb. 28, "asking (Spaeth) what he told the cops," according to court documents. Spaeth denied talking to the police, to which Kelly said that he knew Spaeth was lying and that he was "going to put a bullet in his head." Kelly and Spaeth went down to the creek together, and a few minutes later the witness recalled hearing a gunshot, followed by one or two more. When the witness looked to see what was happening, he saw Spaeth lying face down, bleeding from the head. 

Kelly's next court appearance is scheduled for April 4 where he will enter a plea to the charges.

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