Kelly Withdraws from Plea Agreement, Loses Lawyer

MACON, Georgia (41NBC/WMGT) – The state of Georgia will seek the death penalty against another suspect charged in the killing of 58-year-old Macon woman Gail Spencer last year.

19-year-old Michael Brett Kelly is one of four charged for the death. He was 18 when the crime happened.

Kelly informed his lawyer, Debra Gomez, on June 12 he wished to withdraw from the plea agreement he reached with the state last month.  That agreement said he would testify against his co-defendants in exchange for life in prison without parole.

Bibb County District Attorney David Cooke made it clear when the agreement was made that if any part of it was broken, the state would seek the death penalty.

Gomez says Kelly told her during that June 12 visit he wished to withdraw from the agreement.

She warned him of the possible consequences, and told him her firm couldn’t handle a death penalty case, but that didn’t change his mind.

Monday, Judge Howard Simms asked Kelly several times if he understood the potential consequences of his decision. Kelly said he did.  Simms then approved the decision and granted Gomez a release from her duties.

“We gave him the opportunity to take mercy and to make this right to the extent that he could and he’s refused that,” says Cooke.  “So we’re going to take this case to trial and seek the death penalty and get justice for Mrs. Spencer.”

Gomez wouldn’t say why Kelly wanted to withdraw his plea, but she says his family is devastated by his decision.

The state announced last month it would seek the death penalty for another defendant in the case, 38-year-old Tracy Michelle Jones.