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Plea averts trial in murder case
By Joe Gorman
YOUNGSTOWN
Prosecutors said in Mahoning County Common Pleas Court that the seeds for the beating death of an elderly man early Thanksgiving morning last year were planted the night before.
In laying out the facts of his case just before 34-year-old Leo Kellish entered a guilty plea to a charge of murder for the Nov. 28 death of 70-year-old Dennis Simmons, Assistant Prosecutor Martin Desmond on Tuesday said the trouble started the night before, when Kellish was asked by Simmons to leave his home and police were called after Kellish had ripped down Christmas decorations in the Shirley Road neighborhood.
Kellish left, came back later, and police could not find him. He then returned one more time and when police also returned, Simmons was dead from a severe beating and lying naked in his driveway about 3:20 a.m. Nov. 28 in the 2400 block of Shirley Road.
Kellish entered his plea just after a jury was picked to hear his case. The plea came after two hours of extensive negotiations between prosecutors, Kellish’s lawyer Tony Meranto and members of Simmons’ family.
The agreement calls for Kellish to be sentenced to 15 years to life and for the state to stand silent when Kellish’s case goes to the parole board unless he commits another act of violence in prison or any other criminal act that could be construed as a felony.
Sentencing is set for Thursday before Judge Lou A. D’Apolito.
Desmond said Kellish and Simmons had known each other for years and were estranged, but Kellish had lived with Simmons for some time. Simmons had several health problems and was being cared for by a relative who lived across the street from him.
On the morning he was killed, Desmond said a door at Simmons’ home was broken for Kellish to get in.
A neighbor called police when they saw Kellish drag a body out of the home and then kick it. Inside the home there were blood stains and splatters and furniture in disarray.
A frying pan had Simmons’ blood and Kellish’s DNA on it. It was bent in half from the force Kellish used to strike Simmons, Desmond said.
“This was something that took time to do. This was something that was vicious,” Desmond added.
Meranto said he thought the plea was necessary because there was a possibility the jury could come back with a verdict for murder. He said he was going to argue the crime was more along the lines of a manslaughter.
Kellish claimed he was acting in self-defense when he was arrested and at his arraignment.