Jamestown man arrested after allegedly plotting to murder brother

Sep. 12—JAMESTOWN — A 58-year-old Jamestown man was arrested Thursday, Sept. 11, after allegedly asking a co-worker to hack into his estranged brother’s computer to gain access into a home security system so he could kill him, according to court documents.

Kelly Harold Spivey is facing charges of criminal attempt, a Class A felony, terrorizing, a Class C felony, and criminal attempt, criminal solicitation and computer crime, Class A misdemeanors.

Spivey is in the Stutsman County Correctional Center as of 2:30 p.m. Friday, Sept. 12.

Judge Nicholas Thornton set bond at $10,000 cash or $30,000 surety during Spivey’s initial hearing.

A preliminary hearing is set for Oct. 1. A jury trial is set for Jan. 6.

A Class A felony is punishable by 20 years in prison and a $20,000 fine. A Class C felony is punishable by five years in prison and a $10,000 fine. A Class A misdemeanor is punishable by 360 days in prison and a $3,000 fine.

Spivey is accused of giving a relative’s email address and/or street address to another person to enable that person to hack into the relative’s computer and surveillance system while intending that murder be committed; threatening, planning and/or requesting assistance in killing a relative; soliciting computer fraud by commanding, inducing, entreating or attempting to persuade another person to commit computer fraud; gaining or attempting to gain access to, altering, damaging, modifying, copying, disclosing, taking possession of, introducing a computer contaminant into, destroying or preventing the authorized use of any computer, computer system or computer network in excess of authorization given or without authorization; and giving his relative’s email address and/or street address to another person for the purpose of enabling the person to hack into the relative’s computer and surveillance system on Sept. 10.

Court documents say Spivey’s co-worker contacted the Stutsman County Sheriff’s Office on Wednesday, Sept. 10, to report Spivey’s plan.

Court documents say Spivey asked a co-worker to hack into his estranged brother’s computer to gain access into his home security system. The co-worker said Spivey wanted him to find out when his brother was home alone so he could kill him.

Court documents say Spivey told the co-worker that he believes his brother, who has power of attorney over their father, has been stealing from their father. The co-worker said Spivey gave him his brother’s name and the name of his brother’s wife along with his…