Holmes’ co-defendant, Gregory Smithwick, is charged only with armed car jacking, though both were arrested for Kelly’s murder.
On October 10, police found Kelly dead in the 100 block of Ivanhoe Street Southwest shot multiple times.
Court documents say Holmes and Smithwick stole a car and tried to flee, but they crashed near 32nd Place and Alabama Avenue Southeast. Police searched the vehicle and found a nine millimeter Beretta semi-automatic handgun on the floor of the passenger seat, where Holmes was sitting, according to documents.
Assistant U.S. Attorney Kendra Briggs argued that there was enough evidence that supported substantial probability and that Holmes’ actions constituted as second-degree murder.
But defense attorney April Downs countered: “A witness has confirmed Holmes’ story that there was a full physical confrontation.”
“It was a mutual fight,” Downs said.
During his arrest, Holmes “spontaneously” told police, “They was trying to kill me on Ivanhoe,” charging documents say.
In an interview, Holmes said he went to Kelly’s apartment that morning, and Kelly threatened him with a gun, documents say.
Kelly told police they struggled over the gun and claimed that Kelly shot himself several times during the struggle. Police believe the two men were avenging their friend Kevin Lucas‘ murder, for which they hold Kelly responsible, documents say.
According to court documents, a witness told police it was on the phone with Kelly when it heard a commotion in the background and Kelly saying, “Gimme the gun, gimme the gun!”
Before ruling, Judge Lynn Leibovitz said, “The defendant came to the area while armed with a motive to harm Mr. Kelly.”
Holmes is also charged with assault with intent to kill a shooting the day before Kelly’s death.
The victim in that shooting, Frank Rawlings, survived despite being shot nine times. Documents say that Rawlings told police the person who shot him was the same individual who robbed and carjacked him two or three weeks earlier.
Holmes and Smithwick are both scheduled for a felony status conference at 9:30 a.m. before Judge Leibovitz.
Additional reporting by Amelia Rufer.