Hi, my name is Kelly and I am a full time student in Criminal Justice, a wife to a wonderful husband of 22 years and mother of two beautiful children, and I am a survivor of sexual abuse and incest. I was molested from the age of 6-13.
On June 9th, 2012 I confronted my abuser by telephone. I recorded the conversation! At the end of the conversation, I felt some sense of relief and empowerment. To have him recorded and knowing, that no one could call me a liar. Since “a liar” is what I had been called by my family since I had first told them about the abuse when I was 7-8 years old.
I first told my mother and she simply said "I told you to stay away from that sick SOB." However, she continued to send me to his home. When I told an adult at school, the principle called my mother. She came to the school, took me into the bathroom and threatened to "beat the hell outta of me." She told me to tell the administrators I was lying and she poked me in the center of my chest with her index finger and repeated the word over and over. She said, “Don’t you know this is going to kill your grandmother!” So when we came out of the bathroom she looked at the principle and said Kelly has something to tell you "she lied, didn’t you Kelly?" and I hung my head and said, “yes.” Knowing that more than likely I was still going to get a beating when I got home! I was sent back to class and nothing else was ever said or done about the incident.
This is not the first time that this man has been accused of such a sick act, charges were filed in Webster County WV by my Aunt when she was 16, because he tried to smother her with a mattress because she wouldn’t let him touch her. She also dropped the charges stating that her mother would lose the remaining children in the home and would not have any way to take care of them. So charges were dropped and the family secret was still safe!
This man has molested my own mother. She sat and told the story of him talking her into having sex with him and that when he put on the condom he ejaculated and that kept them from having sex. I don’t recall her ever saying her age, when this occurred. He has been accused of molesting several family members, including male and females, yet she has always said it was my fault that he molested me, because I wore night gowns around him. She told me to stay away from the sick SOB but she also sent me to my grandparents’ house every weekend when she couldn’t find a babysitter for me! After my grandmother passed away my grandfather remarried and came to the family reunion with his new wife and his "new" granddaughter she looked to me to be around 7-8 years old and all the emotions of my childhood came flooding back. I knew if he hadn’t touched her that he was grooming her and it bothered me for a few years knowing he now had access to another child. I wanted to stand up and protect her, the way no one protected me!
Around July 16, 2012, after several phone calls to law enforcement agencies, including the Sex crimes Against Children’s’ Unit, located in South Charleston, WV. I was told that they couldn’t take my statement and to call the county that the abuse had occurred. So after several days of unreturned phone calls I got in contact with and investigative officer. The officer was with the WV State Police in Nicholas County and he agreed to take my statement. He set the appointment for that following Saturday morning at 9 am. I gladly got up and got my two small children and my husband ready and I drove three hours in the early morning, just so I could finally be heard. I gave my statement and asked if he wanted the recording and he said, “no.” He didn’t think the recording would be admissible in court, but he assured me he would check into it. I gave my statement and the investigator asked me some follow up questions to my statement. Then he reviewed the charges that would be brought against my step-grandfather. I’m not sure of the exact count, but it was a very high number of felony counts that he would be charged. By this time, the entire family has heard of the recording and my mother started to turn against me. She had already threatened to kill me, my kids, brother and my grandfather! I got a restraining order on her the same day that she got wind of me going to file it. She ran to her local court house and filed a restraining order on me first. Her order was rejected and my order was granted! Since she had turned on me she informed my grandfather and all his family members and anyone that would answer their phone of what was going on. This led my grandfather to hire a high priced lawyer before he was even charged or questioned!
A second victim also went in to the Summersville office to give her statement. (But, only after I drove 4 1/2 hours one way to get her so that she could, because they refused to take her statement over the phone or at another police station in her home town.) A third victim, was set to give her statement but several appointments between her and the investigating officer were either “no shows “or cancelled. This third victim now refused to give her statement after being subjected to other family members making her feel guilty!
When the investigating officer called my grandfather to ask him to come in for questioning, he refused because he had already hired this lawyer. The investigator was frustrated with the fact that he had already “lawyered up” and therefore wouldn’t be able to get a confession from him!
This has been the worst rollercoaster ride I have ever been on in my whole life. There were so many calls saying, “We’re going to get him this week or it should be by this date, or that date.” And still nothing has been done! My husband and I met with the prosecuting attorney in a meeting, I set up on my own, after hearing that my grandfather wanted to plea with them that if he took a self- paid lie detector and passed. Would they agree not to bring charges on him. I was furious over this plea and wanted to ask him in person since he wouldn’t return my calls. I also ask about the little girl being questioned and they said unless she brought the allegations herself, they could not just go question her. While there, he kept saying we needed more victims to come forward as witnesses. They said that those three just giving verbal statements to the investigator weren’t enough. He wanted a confession from him. That is when I let him, along with the investigator; hear the recording of me confronting my grandfather about molesting me. The prosecutor stated it was very disturbing and that we needed to work on the other victims to get them to give their statements. He told the investigating officer, that if it was necessary to go to North Carolina and get the 4th victims statement, then that is what he needed to do. the investigator agreed but unfortunately she was never contacted. None of the other victims I gave the name of to the investigating officer, after my statement have ever been contacted, other than my cousin (3rd victim) and my mother never showed up for her interview! The officer called me around Jan 22 or 24th and said that he was going the following Thursday to arrest my grandfather and to charge him with several felony counts of incest and sexual assault. While this conversation was going on my brother was setting beside me and heard the conversation via speaker phone due to poor cell coverage in my home. My brother immediately left the house and found it ok to call and warn family members of the upcoming arrest. The investigating officer called me the following Monday furious that my grandfather’s lawyer had called him and told him about the conversation and knew about the arrest ahead of time, and furious that my brother had put his life in danger over telling the plans for the arrest. I ended up asking my brother to move out for that reason. I had yet again, been betrayed by family! The officer then said that now he is just going to hand everything over to the prosecuting attorney. I also was asked to make copies of the text between the 3rd victim and myself, along with the audio tape of the confrontation with my grandfather and have sent that certified mail. The following week the investigating officer said that everything was handed over to the prosecutor and that more than likely they would let it go to grand jury in April. Upon research I found that the grand jury had just met in January and is expected to meet again in May and September!
I have texted the investigating officer several times asking what the status of this case was, and he stated that he has not talked to the prosecuting attorney, but he would get back with me as soon as he heard anything. It has now been over 2 months since the prosecuting attorney has had everything on his desk. I have repeatedly called with not answer. I am ready to face this monster in court. I am to the point I am asking anyone and everyone to help me as well as the other victims to get justice. I have nowhere else to turn. I feel like that little girl again crying out for help and nothing is being done! Please help and sign my petition. I encourage everyone to make phone calls to Nicholas County Prosecuting Attorney, and urge him to bring charges against this monster! I need closure along with justice.
I created this petition months ago and kept holding off from releasing it simply because I was trusting the prosecutors words and given them the benefit of the doubt, and since a meeting on April the 30th 2013 where PK Milam stated he wasn’t aware of the other victims statement and that he had never seen it, to me this is very poor investigation on everyone in that county, I also noticed that a package that I had sent him with the audio of the child molester’s confession had never been opened and he simply stated " My office has been swamped" he has not returned at least 10-15 phone calls since this meeting and when I call his office I either get an answering machine and I leave messages after messages so let’s fill his machine and voicemails up people this child molester still has access to a small child.
The investigating officer kept insisting that I had to meet him in Webster County which is around 3 1/2 hours from me so that he could get the GPS coordinates for one of the incidents that had occurred so I drove there and could not get him to return my calls about meeting me there so I took it upon myself to get the coordinates for him using an app from iTunes and text them to him, why this was truly needed is beyond me but he stated something about jurisdiction but he is a State Police officer he would have that jurisdiction when it pertained to a case he was investigating.
This same officer has on several occasions told me that I needed to obtain the criminal case reprt that he had filed and that I needed to do so through the WVSP headquarters in South Charleston then upon doing so and filing to request my copy and paying a $20.00 fee and several weeks going by I get a letter of denial from Headquarters telling me that I was denied a copy of my case file, I immediately called the officer over records and talked to him and ask why I was denied and he stated it was an ongoing investigation and he had no idea why the investigating officer would tell me to try to obtain it, I was furious and let down yet again and of course no response back when I tried to contact the investigator to find out why he insisted that I do this. I feel it was just another delay tactic from him!
Then on April 30th 2031 during a self-scheduled meeting with PK because he was still not returning calls, PK stated that he was going to talk to the prosecutor in Webster Co to try to get the other victims charges and case started there, he said he had 3 weeks that he could devote to getting my case in order and well we see that it is now September 15, 2013 and he has not returned any of my calls and he has not talked to the Webster Co prosecutor!
I had emailed a copy of the recording to a friend and she let the prosecutor in Webster County listen to it and I was told to call his office ASAP and schedule a meeting that week before his murder trial started, was this the news I was waiting for was this finally the break in the justice system,,,,,,,, I made the appointment and took the 3 1/2 drive and 45 minutes away I get a call from Webster Co prosecutor’s office that they needed to reschedule my appointment that Vandevendar had talked to the investigation officer and was trying to get my case file sent over and they would call me back when they got it, well I have called 3 times since then and ask for return calls and nothing in return and when I said can you reschedule the appointment they stated that Vandvender would contact me with arrangements for the meeting! I still haven’t had the meeting and still no return calls from either prosecutor! This is wrong for them to give me the run around like they have and just think if this was you seeking justice!
There is still plenty that I have in my notes that I have kept but this gives you more of an idea of the lack of professionalism I have endured with these people and their lack of integrity!
Let's show them this is not how victims should be treated and I urge everyone to call both prosecutors to urge them to do what is right and uphold the law that they were swron to!
For those asking this man lives in Craigsville, WV behind the Vocational school, please be aware of who has access to your children! I only knew of him molesting several family members but if family isn't sacred then nothing is!
I was told today that the little girl I was refering to is now a teenager so hopefully if anything did happen she will come forward as well.
Update January 22, 2014
No phone calls returned from either prosecutors offices and when I attempt to make an appointment I am told there is no openings, I was also informed by a family friend that if I release the audio file I could face charges of my own because this is considered an ongoing investigation!! My question is what investigation they are not doing anything so why and how can I be the one to face charges if I release the file? If anyone wants to listen to the file please message me or email me at firstname.lastname@example.org and I will be more than happy to forward you the recording.
Thank you in advance,
Kelly D. Kelly
Nicholas County WV Prosecuting Attorney Office Contact Information
203 Courthouse Annex
511 Church Street
Summersville, West Virginia 26651
304-872-7870 (telephone) 304-872-7827 (fax) should support this petition