April 16, 2014 — An Olive Hill man facing murder charges appeared Monday in Elliott Circuit Court.
Kyle S. Holbrook, 21, was indicted in April by an Elliott County grand jury in the April 2011 death of Paul Dillon (Nemo) Bryant, 19, also of Olive Hill.
Commonwealth's Attorney Brandon Ison submitted a motion to amend the indictment from simply stating Holbrook had committed capital murder, to capital murder alone or in complicity with others with the intent to cause the death of Dillon Bryant, caused the death of Dillon Bryant.
“It is anticipated that the proof at trial will be that the defendant, Kyle Holbrook murdered Dillon Bryant himself or that he may be considered complicit to the actions of others by soliciting, aiding, counseling, or engaging in the conduct that killed Dillon Bryant,” the motion stated.
“Others may be considered principal and the defendant, Kyle Holbrook complicit with respect to this offense without the charging or conviction of others.”
“The proof anticipated at trial that would support the theory of complicity is: the location of the victim’s body being on the defendant’s property along with the condition in which it was found being weighed down, the results of the search warrant conducted by law enforcement, items resulting from the burn pile, cell phone pings along with the call records from the defendant and victim, statements by the defendant, and statements by other witnesses.”
Ison said the motion was a “housekeeping” formality, which allows the jury to convict on either charge. The penalty would remain the same.
Holbrook's attorney, Brandon Music, filed an extensive motion covering several facets of the case.
He asked that AT&T and Windstream be ordered to release the phone records of Bryant's sister, Jessica Mabry, claiming that Mabry could be implicated as a “criminal agent” in Bryant's death.