A federal grand jury in Louisville, Kentucky has indicted Ricky Lewis Kelly on the charge of committing a murder in aid of a racketeering organization, announced David J. Hale, United States Attorney for the Western District of Kentucky, and ATF Special Agent in Charge Paul J. Vido. This charge is brought under the Racketeer Influenced and Corrupt Organization Act, or “RICO”.
The single count Indictment alleges that on August 19, 2005 in Louisville, Kentucky, Ricky Kelly, aided and abetted by others, murdered Lajuante Jackson. The Indictment further alleges that members of the gang (or “enterprise,” as described in the Indictment) engaged in racketeering activities through the illegal manufacture and distribution of cocaine and crack cocaine. The Indictment states also that Ricky Kelly murdered Jackson in exchange for payment or to promote the position of another person in the gang.
Kelly currently faces charges in Jefferson Circuit Court on eight counts of capital murder. The Office of Commonwealth’s Attorney R. David Stengel has agreed that the federal case should proceed first against Kelly. Mr. Stengel’s Office will seek to dismiss without prejudice the eight murder charges pending in Jefferson Circuit Court, thereby preserving the right of the Commonwealth to renew prosecution of the state charges following the conclusion of the federal case.
“The United States Attorney’s Office is pursuing this case because of evidence of the serious federal offense of murder in support of a RICO enterprise,” stated United States Attorney David J. Hale. If convicted on the charge of murder in aid of a racketeering organization, Kelly potentially faces the death penalty. Hale emphasized that in federal cases which may result in a punishment of death, the U.S. Attorney’s Office must follow a careful and deliberative process that includes consultation with the family of the victim, consideration of all evidence relevant to guilt and punishment, and consultation with all the law enforcement agencies investigating the case. The decision on whether the United States will seek the death penalty will not be made until after a thorough review of the case by the Capital Review Committee of the U.S. Department of Justice.
Kelly is currently in the custody of Louisville Metro Corrections in Jefferson County on the state charges. As a result of the federal charges, the United States Marshals Service will take Kelly into custody.