Pretrial hearing date set for suspect in crab pot theft case

By Stefanie Donahue

During a first appearance hearing on December 6, James Patrick Kelly pled not guilty to charges in connection with the theft of crab pots used to build a Christmas tree at Blaine Marine Park.

A Deming resident, Kelly, 51, was arrested on suspicion of theft in the third degree, malicious mischief in the third degree and driving with a suspended license in the third degree after bystanders witnessed him dismantling and attempting to drive away with about a dozen of the tree’s crab pots on November 17.

The night before, about 70 crab pots had been stolen from the park.

Blaine Municipal Court Judge Michael Bobbink allowed the case to proceed to trial after reviewing a probable cause affidavit. Kelly was assigned public attorney Thomas Lyden and booked into Whatcom County Jail. He posted $400 bail the next day and will next appear in court for a pretrial hearing on Wednesday, January 10, said Blaine Municipal Court administrator Raylene King.

During the alleged theft, Kelly had loaded about a dozen pots into the back of his truck by the time police arrived at the park. In a report filed by Blaine police officer Jake Farrer, Kelly reportedly said that his boss, Patrick James, had told him to take the crab pots and that the Port of Bellingham had granted him permission. A records check confirmed that Kelly had a suspended driver’s license. Kelly claimed his girlfriend Joanne drove him to the park, but she later said that Kelly had driven part of the drive.

According to the report, Kelly was arrested, issued three citations and released on his own recognizance.

Following the arrest, Blaine police officer Tim Richardson contacted Kelly’s boss, Patrick James, to ask about the crab pots that had been stolen the night prior. James, a commercial fisherman on the FV Salish Breeze, said Kelly told him he knew where to buy seized Canadian crab pots and he agreed to pay $10 apiece. James said he purchased 69 crab pots from Kelly, paying $690. After learning they were stolen, James said that he’d return them back to Blaine.

By November 22, all 69 pots had been returned. Costing an average $50 apiece, Richardson estimates the total value of the stolen crab pots is around $3,450. As a result, Kelly is facing an additional charge of second degree theft, a class C felony in Washington state. The case was forwarded to the Whatcom County Prosecutor’s Office for a review of the charges. If it proceeds, Kelly will be tried at Whatcom Superior Court.