Man who allegedly shot at Middletown officers enters insanity plea

A man who allegedly shot at Middletown police officers before they returned fire at an apartment complex last month has entered a not guilty by reason of insanity plea.

Kyle Kellum, 29, was shot by officers on April 24 at Olde Towne apartment complex after allegedly firing a gun at the Special Response Team. He is charged with felonious assault involving a police officer, a first degree felony.

Kellum was arraigned in Butler County Common Pleas Court last week where he entered the NGRI plea. Judge Dan Haughey ordered a forensic psychological evaluation, and a hearing on the results is scheduled for July 11.

Following an external investigation and presentation to a Butler County grand jury, five Middletown police officers involved in the shooting on Park Lane have been cleared to return to work, according to police Chief David Birk and county Prosecutor Michael Gmoser.

Gmoser told the Journal-News he presented Kellum’s case and that of the officers to a grand jury for consideration. The grand jury did not return charges against the officers, but he will not be commenting on the findings of that investigation because it is part of a pending case against Kellum.

“It is appropriate at the conclusion of the criminal case against the man who was indicted (for felonious assault) to release the (entire) grand jury decision that no charges were warranted with respect to the five officers,” Gmoser said.

Birk said four of the officers have returned to work and the fifth is on further leave after his wife had a baby.

Shots were fired between the responding officers and a man with a firearm who apparently barricaded into a residence at Olde Towne apartment complex on Park Lane, according to officials.

Kellum fired at the officers, who were with the Butler County Butler County Crisis Intervention team. Officers returned fire, said Birk.

The intervention team was there for a well-being check for the man who had a history with the mental health agency. A family member called the intervention team.

Kellum was shot multiple times, including in the foot and shin.

“Obviously, when he fired, we returned fire,” Birk said. “We are thankful he is not injured worse.”

Credit: Nick Graham

Credit: Nick Graham

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