A fight between two men is believed to have preceded the disappearance and alleged murder of Justin Spaeth of Marblemount, according to court documents filed in Skagit County.
James Kelly, 31, was booked into the Skagit County Jail last week on a $1 million bond for his involvement in the disappearance of Spaeth, police said. The 44-year-old Marblemount man went missing in late February.
Kelly is charged with one count of aggravated murder, a Class A felony that carries up to a life prison sentence if found guilty.
In court documents unsealed Friday, March 22, a Skagit County sheriff’s deputy laid out the reasons why law enforcement believe Kelly killed Spaeth.
Multiple witnesses told investigators that on or around the evening of Feb. 28, Kelly and Spaeth had gotten into an argument and Kelly allegedly shot Spaeth by the creek near a residence in Marblemount, according to court documents. Witnesses also reported hearing between one to four gunshots in the area.
Kelly allegedly had started asking Spaeth if he was speaking with law enforcement, and while Spaeth denied doing so, Kelly “told him he was lying and he knew Justin was talking to the police,” according to court documents.
Kelly then allegedly told Spaeth to go to the creek where he would put a “bullet in his head,” according to court documents.
Included in the probable cause statement were two Skagit County sheriff reports from May 2023 alleging Kelly had been involved in a robbery of $300 worth of items from a car, and had threatened and chased the victim.
Spaeth was a witness to the robbery since it had occurred near his driveway in Marblemount, according to court documents.
It’s unclear if Kelly and Spaeth had been arguing about the May robbery.
During the course of the investigation, law enforcement found blood near the creek where the murder allegedly took place, and found partially burned clothing in fire pits on the property, according to court documents.
One witness told investigators they had seen Spaeth’s body after the shooting when they looked over the bank of the hill to where the creek was, and that when Kelly had returned from the creek, he appeared calm and showed no emotion, according to court documents. The same witness said they had left but came back to the property later and could not see Spaeth’s body and saw Kelly “messing with the fire.”
Spaeth’s family members told investigators that it was not typical for him to disappear.
Kelly had previously been on the run in September when he was wanted for one count of second-degree robbery, one count of harassment including threats to kill, two counts of eluding a police vehicle, one count of possession of a stolen vehicle and one count of second-degree possession of stolen property in Skagit County.
Annie Todd is CDN’s criminal justice/enterprise reporter; reach her at annietodd@cascadiadaily.com; 360-922-3090 ext. 130.
