Deputy Sheriff Thomas E. Baker III
Officer: Nicholas County Sheriff's Department, Deputy Sheriff Thomas E. Baker, III
Date: 6/3/2022 Location: Birch River, WV FACTORS (1,2,9,13,14,15,18,19)
Perpetrator(s) Involved: Ritchie Holcomb and Brent Tyler Kelly
Criminal Activity History/Involved: Yes Holcomb was convicted of felony malicious wounding in 2013 and had numerous other charges including drug possession, domestic battery, sexual assault and grand larceny. Kelly was charged with drug possession in 2013 and had numerous misdemeanor charges related to driving with the most recent ones being in March 2022. / Yes, Holcomb illegally possessed a semi-automatic rifle and opened fire on the officers with it.
Mental Illness: None stated.
Substance Abuse History/Involved: Yes, both suspects involved had prior drug related arrests. / None stated.
Race/Sex/Age: Holcomb: White/Male/36; Kelly: White/Male/28
What prompted the initial contact with the killer? At approximately 5 p.m. on June 3, 2022, Nicholas County Deputy Sheriff Thomas Baker and Corporal J. Ellison responded to a 911 call of a domestic disturbance at a trailer in Birch River. Upon arrival, the deputies encountered the trailer’s owner, Brent Kelly, and his friend Ritchie Holcomb.
Actions taken by subject toward police: The two men refused to exit the camper and became “extremely belligerent” with the deputies. When the men ran towards the back of the camper, the deputies entered the trailer and deployed a Taser at Holcomb. Immune to the effects of the Taser, Holcomb picked up a semi-automatic rifle and started shooting at the deputies who quickly ran out the trailer as one of them returned fire.
Reactions by the police: The deputies ran towards cover as Holcomb continued shooting at them. Deputy Baker was fatally wounded, and Cpl. Ellison was shot in the leg. Additional deputies responded to the scene and during a second round of gunfire they managed to justifiably shoot Holcomb dead. Kelly surrendered and was arrested.
How murdered? Deputy Baker was fatally shot by a convicted felon during a 911 call of a disturbance.
What could have been done differently for the officer to still be alive? The deputies were aware that Holcomb was possibly armed so they could have justifiably feared his furtive movements towards the back of the trailer were to access that weapon.
Would the officer have been justified to use deadly force before being murdered? Yes, when Holcomb continued to make a furtive movement towards the back of the trailer, even after being Tased, the deputies would have reasonably believed he was attempted to access the weapon they were warned he was in possession of.
Outcome for the cop-killer: Holcomb was justifiably shot dead during the shootout and Kelly was taken into custody and faces charges of first-degree murder.
Miscellaneous: This is another example of how criminals do not abide by gun laws.
