More than four years after Brandi Mathews was last reported seen, Kelly R. Simino has been charged with her murder. In a press conference held earlier Friday, Miller County Sheriff Bill Abbott announced Simino has been charged with second-degree murder.
Officers with the Miller County Sheriff's Department, Osage Beach Police Department and the Federal Bureau of Investigation all participated in the investigation.
Information provided at the press conference:
COMPLAINT AND REQUEST FOR A WARRANT
Comes now, the Prosecuting Attorney of the County of Miller, State of Missouri, being duly sworn upon oath and upon information and belief, and states that there is probable cause to believe that the accused committed the following crimes:
COUNT 1 CHARGE CODE: 1003199.0
The defendant, in violation of Section 565.021, RSMo, committed the class A felony of murder in the second degree, punishable upon conviction under Section 558.011, RSMo, in that between September 14, 2006 and October 30, 2006, in the County of Miller, State of Missouri, the defendant knowingly caused the death of Brandi Mathews by inflicting trauma upon her and striking her and choking her. The facts that form the basis for this information and belief are contained in the attached statement(s) of facts concerning this matter, which statement(s) are made a part hereof and are submitted herewith as a basis upon which this court may find the existence of probable cause for the issuance of the warrant.
Wherefore, the Prosecuting Attorney prays that an arrest warrant be issued as provided by law.
Matthew F. Howard #33197
PROBABLE CAUSE STATEMENT
I, Tracy Robinett, Detective with the Osage Beach Police Department, upon my oath, and under penalties of making a false affidavit, state as follows:
I have probable cause to believe that:
Name of Defendant: Kelly R. Simino
Committed one or more criminal offenses.
The facts supporting this belief are as follows:
A. On 3-19-2008 at 1200 Cpl Pete Leyva with the Osage Beach Police Department took a missing person report. The reporting party, Deanna Roberts reported that neither she nor her family has had any contact with her daughter Brandi J. Mathews since September 2006. Deanna Roberts reported that Brandi Mathews and Kelly Simino were in Lincoln Arkansas in September 2006 and left Lincoln Arkansas for Osage Beach Missouri. Brandi Mathews was last reported seen alive by her family in September 2006.
B. Brandi Mathews and Kelly Simino were involved in an intimate relationship prior to and at the time of Brandi Mathews' disappearance.
C. The last reported sighting of Brandi Mathews was by a witness on about the 22nd or 23rd of September 2006. According to the witness this sighting occurred at 72 Scrivener Rd. Eldon Missouri, at which time Brandi Mathews and Kelly Simino were together at this location.
Page 2 of 3 - D. On 01/03/09 a human skull was discovered under the low water bridge at the intersection of Miller Rd. and Sparks Rd. in Miller County. The skull along with a number of vertebrae were found partially exposed in sediment and partially wrapped with an unknown fabric. On 01/08/09 I was advised that the skull was confirmed as that of Brandi Mathews by dental comparison. A DNA comparison test was conducted by the lab at University of Northern Texas. According to the report the DNA is a match indicating that the remains are that of Brandi Mathews.
E. Information obtained through witnesses and Police reports indicate the relationship between Brandi Mathews and Kelly Simino was frequently violent. There are several documented incidents in which Kelly Simino was violent or abusive toward Brandi Mathews.
1: In January 2006 Brandi Mathews reported to the Morgan County Sheriff's Office of being assaulted by Kelly Simino resulting in Brandi Mathews seeking medical attention, (report #200600099)
2: On May 3, 2006 Brandi Mathews made a Police report with the Warsaw, North Carolina Police Department in which she was assaulted by Kelly Simino, (complaint #2006-02512).
3: On May 18, 2006 Brandi Mathews made a Police report with the Johnson County Sheriff Office concerning a confrontation Kelly Simino initiated. (complaint #700955-06).
4: On May 19, 2006 a Police report was made with the Johnson County Sheriff Office concerning threats being made by Kelly Simino, (complaint #700957-06).
5: On August 20, 2006 Brandi Mathews made a Police report with the Sedalia Police Department concerning a burglary of her residence by Kelly Simino, (case #200600004258).
6: In August 2006 Brandi Mathews filed for an order of protection against Kelly Simino out of Pettis County, (case #06PT-DR00495).
F. On December 17, 2008 Investigators interviewed a witness in the case concerning Brandi Mathews. This witness reported during September or October of 2006 Kelly Simino made an unsolicited visit to the witness's residence. During this visit Kelly Simino was very emotional and told the witness, he killed Brandi Mathews by choking her or breaking her neck.
G. An additional witness and acquaintance of Kelly Simino was interviewed during the investigation. In a subsequent interview this witness provided Miller County Investigators with a written statement. According to the statement given by this witness, at some point in the Summer of 2008, Kelly Simino told this witness that he accidently broke Brandi Mathews neck killing her.
H. On about August 15, 2006 Brandi Mathews provided information to Law Enforcement in Eldon Missouri leading to the arrest of Kelly Simino for narcotics, (Eldon Police report #179722, August 2006). On August 16, 2006 Brandi Mathews obtained an order of protection against Kelly Simino after she assisted in his arrest. On the protection order application it states that Brandi Mathews is seeking the order of protection from Kelly Simino because she assisted law enforcement in the arrest of Kelly Simino for possession of drugs in Eldon Missouri. Brandi stated on the application she was afraid that Kelly Simino would retaliate against her for her role in his arrest. A copy of this paperwork was served on Kelly Simino on August 16, 2006.
Page 3 of 3 - I. Another witness and associate of Kelly Simino stated he was called to the residence of Anthony Scott to view the Ex Parte Kelly Simino has received. This witness stated he went to Anthony Scott's residence and spoke with Kelly Simino there. According to this witness, Kelly Simino stated that if could kill "that bitch" (Brandi Mathews), and get away with it she would have done been dead.
K. An eye witness reported that in the fall of 2006 he witnessed an assault occurring on Salem Rd. near the Rd. Salem Bridge in Eldon MIssouri. (This bridge is a short distance upstream from where the Skull of Brandi Mathews was found). This witness stated he noticed a male and a female fighting on Salem Rd. and the male appeared to be choking the female. The witness stated the woman broke out of the male's grasp and ran to the side of a black car. The witness stated the woman was the same woman he had recently seen in the news (Brandi Mathews). The male subject
was later identified by the witness in a photo lineup as Kelly Simino.