Felon's theft case was not seen as a priority

It took nearly four months, but on Monday King County prosecutors received the additional police reports they say they needed to file criminal charges against Neal Kelley for a string of alleged thefts in July.

But by then it was too late.

Earlier that morning, police say Kelley, 35, crashed a stolen car into a car driven by rookie Seattle police Officer Beth Nowak, 30, killing them both.

After the crash, police questioned why Kelley was out on the streets. In addition to the July 26 arrest, Kelley was wanted on a warrant for violating terms of a previous sentence. Seattle police and the King County Prosecutor's Office say they moved as fast as possible on the case.

But it appears case backlogs for both agencies may have helped delay the filing of criminal charges against Kelley. It also wasn't considered a priority case because it did not involve a homicide.

At one point, a deputy prosecutor even urged a police detective to "take your time" in forwarding additional paperwork related to the July 26 case.

On July 26, Kelley, a career criminal with 20 felony convictions on his record, drove to South Atlantic Street and prowled cars of Mariners fans who were watching the game at Safeco Field, according to police reports. He broke in to six cars and stole stereos, an iPod and other items, and when police approached, he sped through a parking lot and headed straight for an officer, the reports said.

He was arrested but was released because state law does not allow a person to be held in jail longer than 72 hours if charges aren't filed.

No charges were filed against Kelley in the ensuing months. King County prosecutors said they were waiting for additional case information from the Seattle Police Department before they could formally press charges and issue a warrant for Kelley's arrest.

"This case involved property crimes, and it's not unusual for those to take several months to put together. When a case is rush-filed, it usually involves a homicide," said Dan Donohoe, spokesman for King County Prosecutor Norm Maleng's office.

Besides, Donohoe said, a warrant had been issued for Kelley on Nov. 1 — this one for missing a check-in with his community corrections officer — and police hadn't found him. Even if prosecutors had filed charges before Monday, there would be no guarantee Kelley would have been arrested, he said.

Officers usually focus on locating the most violent offenders sought on warrants first, said police spokesman Sean Whitcomb.

"We stand by our detectives' investigation, and their version of when the case was sent over [to prosecutors]," said police spokeswoman Debra Brown. Prosecutors "obviously made a decision that this was not a felony."

The state Department of Corrections is conducting an internal review regarding the circumstances of Kelley's supervision in the community, officials have said. His failure to check in with a corrections officer Oct. 11 put him in violation of a special drug-offender sentence he was serving for a 2004 conviction on eight felonies. The program allowed him to spend the second half of his sentence in the community instead of in prison.

Police and prosecutors agree that soon after the July 26 incident and Kelley's initial arrest, Detective Timothy DeVore sent the results of the police investigation to prosecutors. Three weeks after the arrest, Deputy Prosecuting Attorney Joe Morris asked DeVore for additional information, including statements from witnesses and victims, two officer statements, reports on the market value of the stolen goods and evidence to support a charge for eluding a police officer.

Some information was apparently forwarded, but an e-mail exchange dated Sept. 13 and 14 shows neither the detective nor the prosecutor was in a hurry to file the case.

"Hi Joe," wrote the detective. "I got back from Tennessee and have gotten a 'Rush' file everyday since — I'm buried. Here are a few statements for now."

Morris' response: "No worries. I'm buried as well ... So, take your time (please)." On Oct. 31, Morris sent another e-mail to the detective reminding him he needed the additional information. According to the prosecutor's office, the paperwork arrived Monday.

Natalie Singer: 206-464-2704 or nsinger@seattletimes.com

Seattle Times staff reporter Jennifer Sullivan contributed to this report.