Kelley Receives Sentence in Box Butte, Scotts Bluff Counties

An Alliance man is behind bars after receiving sentences for felony charges in Box Butte and Scotts Bluff Counties.

Chad Kelley, 39, of Alliance, appeared in Box Butte County District Court on Feb. 22 to receive his sentence for a burglary at BNSF.

According to the Affidavit and Application for Arrest Warrant filed in the case, the charges come as the result of an investigation into a burglary at the BNSF Railway maintenance building between June 20 at 11:30 p.m. and June 21 at 2:30 a.m.

A supervisor for BNSF told a Special Agent for the BNSF Railway Police Department that an impact wrench was missing from a work truck that was parked inside of a locked garage. Upon reviewing the camera footage, the agent observed a white male suspect wearing a grey hooded sweatshirt and a distinctive baseball hat ride up to the building and enter it through a side door. The male was seen walking throughout the building near the toolbox area. He was also observed attempting to pry open a vending machine inside the office area. At 11:55, the man was observed carrying some items from the work truck, and putting them in his sweatshirt. The man exited the building and left on his bicycle.

Between 1:50 a.m. and 2:25 a.m. on June 21, the same man was seen returning to the building and entering through the side door. He was observed trying to open the vending machine by using a power drill to drill the lock on the front of the machine.

The attempt appeared to be unsuccessful, and the man was seen gathering items throughout the building and leaving carrying two tool bags and a black plastic hard side case. He was seen stashing the items by the side of the building and riding his bicycle away from the scene.

At 2:23 a.m., the man was seen returning to the building on foot, collecting the items and leaving the scene. The supervisor, who was shown the camera footage, identified the suspect in the video as Chad Kelley, who was terminated in 2020.

The supervisor was notified of other missing items, and another review of the camera footage showed a male wearing similar clothing at the scene between June 13 and June 14 pushing a wheelbarrow and pulling a grey metal flat cart close to the building. The supervisor identified the suspect in that incident as Chad Kelley as well.

Kelley was charged with burglary, a class 2A felony, and theft by unlawful taking—$1,500-$4,999, a class 4 felony, as well as a charge for failure to appear when on bail, a class 2 misdemeanor. Through a plea agreement, the theft charge was dismissed, and Kelley pleaded no contest to the remaining charges

Box Butte County District Court Judge Travis O’Gorman sentenced Kelley to serve 5-10 years in prison for the burglary charge, with credit for 87 days served, and to serve 30 days for the charge of failure to appear. Judge O’Gorman ordered the sentences to be served concurrently.

If Kelley loses no good time in prison, he will be eligible for parole in two years and four months, with a mandatory discharge in five years.

On Jan. 6, Kelley appeared in Scotts Bluff County District Court to be sentenced for a case in which Kelley was accused of stealing a vehicle and leading law enforcement officers on a chase.

According to a press release issued from Sergent Tyler Filam of the Scottsbluff Police Department at the time, officers received the report of a stolen vehicle at approximately 6:35 p.m. on Aug. 19 in the 1200 block of 11th Avenue in Scottsbluff. Officers located the stolen vehicle at 6:51 p.m. traveling near Seventh Avenue and East Overland Drive. When officers attempted a stop, the driver failed to stop and led officers on a vehicle pursuit.

“The suspect drove around the Uptown Scottsbluff Mall and ran through barricades that were already setup in the K-Mart parking lot before traveling West towards the Scottsbluff High School. The suspect drove through the parking lot of the Scottsbluff High School and drove through another barricade that was already set up at the school. Law Enforcement did not create any barricades. The pursuit was called off at that time due to school activities taking place,” said Filam.

The pursuit resumed near Broadway and 23rd Street after the vehicle drove through a stop sign. Filam said the driver abandoned the vehicle in the 300 block of West 21st Street, leaving the scene on foot. They located the suspect in a vacant apartment in the 1900 block of 3rd Avenue, with assistance from K-9 Duke and citizens.

The suspect, who was identified as Chad Kelley, was arrested without incident for theft of a motor vehicle, possession of stolen property, flight to avoid arrest, criminal mischief, obstructing an officer and trespassing.

In the case, Kelley was charged with theft by unlawful taking—$501-$1,499, a class 1 misdemeanor, operation of a motor vehicle to avoid arrest, a class 4 felony, and willful reckless driving—first offense, a class 3 misdemeanor. Through a plea agreement, the reckless driving and theft charges were dismissed, and Kelley pleaded no contest to the remaining charge.

Scotts Bluff County District Court Judge Leo Dobrovolny sentenced Kelley to serve a term of 90 days in jail, with credit for 71 days served, and for his license to be revoked for a period of two years.