DISTRICT OFFICE JOHN R. THWEATT Chief Assistant COUNTY OF CHEMUNG 226 Lake Street JASON L. COOK p.o_ Box 533 STEPHEN r2. HOFFMANN JEREMY HOURIHAN Elmlro. New York 14902-0588 M. HYDER HUSSNN SOPHIE J. MARMOR Phone 73? 29M KEVIN M. WEEDEN A WETMORE District Attorney Fox (6071 737-2965 SUSAN RIDER-ULACCO DAMIAN M. SONSIRE JORDAN J. YORKE Assistant District Attorneys November 18. 2015 MICHAEL P. MARRONE For Immediate Release 1513;132:2155? This afternoon, Special District Attorney Weeden A. Wetmore appeared in Steuben County Court with the foreperson of the Grand Jury to hand up to the Honorable Peter C. Bradstreet, Steuben County Court Judge, a three count indictment charging Michael J. Beard, Sr., with the murder of Kelley Clayton, of 2181 Ginnan Road, Caton, NY on September 29, 2015. (A copy of the indictment is attached.) The indictment charges Beard with one count of Murder in the First Degree and two counts of Murder in the Second Degree. The Murder in the First Degree charge, commonly known as contract killing, or murder for hire, alleges that the defendant murdered Kelley Clayton pursuant to an agreement for the receipt of anything of pecuniary value. If convicted of this top count, Beard faces a maximum sentence of life without the possibility of parole. The second count of the indictment charges Murder in the Second Degree and alleges that the defendant intentionally caused the death of Kelley Clayton. The third count of the indictment also charges Murder in the Second Degree, but PRESS RELEASE November 18, 2015 Page 2 MICHAEL J. BEARD under a theory called felony murder. This final count alleges that the defendant, committed or attempted to commit the felony crimes of burglary, arson or robbery, and in the course of such crimes, or immediate ?ight therefrom, caused the death of Kelley Clayton. The Murder in the Second Degree counts carry potential maximum sentences of 25 years to life imprisonment. The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. Michael Beard who is represented by William Kelley of the Steuben County Public Defender?s Office, is presently confined in the Steuben County Jail, having been remanded by Caton Town Court Justice Stephen Matusick following the defendant?s arrest on October 3, 2015 by the Steuben County Sheriff?s Department and the New York State Police. Special District Attorney Wetmore states that the investigation into the Kelley Clayton homicide continues. JUDGE BHADSTREET STATE OF NEW YORK COUNTY COURT 2= 1 COUNTY OF ?8 IMF-II :3 THE PEOPLE OF THE STATE OF NEW YEilfiE? ?3 9015 33900. TERM IV - 2015 October 7 December 31 201 5 Plaintiffs, - against - MICHAEL J. BEARD, SR., MCTMENT N0. 2015-352, Defendant. THE GRAND JURY OF THE COUNTY OF STEUBEN, by this Indictment. accuses the defendant MICHAEL J. BEARD, SR., of the crime of MURDER IN THE FIRST DEGREE, in violation of Section 125.27. Subdivision and of the Penal Law of the State of New York. committed as follows: The defendant, in the Town of Baton. County of Steuben and State of New York, on or about the 29?? day of September, 2015, with intent to cause the death of Kelley Clayton. caused the death of such person, and committed the killing pursuant to an agreement with a person other than the intended victim to commit the same for the receipt. or in expectation of the receipt, of anything of pecuniary value from a party to the agreement or from a person other than the intended victim acting at the direction of a party to such agreement. and the defendant was more than eighteen years old at the time of the commission of the crime. SECOND COUNT AND THE GRAND JURY OF THE COUNTY OF STEUBEN, by this Indictment, accuses the defendant. of the crime of MURDER IN THE SECOND DEGREE, in violation of Section 125.25, Subdivision 1 of the Penal Law of the State of New York, committed as follows: The defendant, in the Town of Caton, County of Steuben and State of New York, on or about the day of September, 2015, with intent to cause the death of Kelley ClaytonI caused the death of such person. THIRD COUNT AND THE GRAND JURY OF THE COUNTY OF STEUBEN, by this Indictment. accuses the defendant, of the crime of MURDER IN THE SECOND DEGREE, in violation of Section 125.25, Subdivision 3 of the Penal Law of the State of New York. committed as follows: The defendant. in the Town of Caton. County of Steuben and State of New York, on or about the 29'h day of September. 2015. acting either alone or with one or more other persons, committed or attempted to commit. burglary, arson, or robbery and. in the course of and in furtherance of such crime or of immediate flight therefrom, he caused the death of Kelley Clayton who was not a participant in the SPECIAL DISTRICT ATTORNEY gw?i?e? FOREPERSON crime. Dated: November 10, 2015