Three KC Men Indicted for Kidnapping, Torture
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced today that three Kansas City, Mo., men have been indicted by a federal grand jury for their roles in a conspiracy to kidnap and torture an Independence, Mo., man.
Gerald L. Holmes, also known as “Jerry” or “Joker,” 25, his father, Randal G. Holmes, also known as “Peckerwood” or “Wood,” 53, and Richard M. Phoenix, also known as “Snake,” 75, all of Kansas City, were charged in a five-count indictment returned under seal by a federal grand jury in Kansas City, Mo., on Aug. 30, 2017. That indictment was unsealed and made public following the arrests and initial court appearances of Gerald and Randal Holmes, who remain in federal custody pending a detention hearing today. Phoenix is a fugitive from justice.
State charges previously filed against the three defendants will be dismissed in lieu of federal prosecution.
The federal indictment alleges that Gerald and Randal Holmes and Phoenix participated in a conspiracy to kidnap and kill the victim, identified as “C.H.,” on Sept. 12 and 13, 2016.
According to the indictment, Gerald and Randal Holmes arrived at the Independence, Mo., residence of the victim’s father, identified as “W.H.,” on Sept. 12, 2016. They allegedly told W.H. they wanted to speak with C.H. about money that was intended to be used to purchase marijuana, which they claimed C.H. had stolen from Gerald Holmes.
During their conversation, the indictment says, Gerald Holmes removed a firearm from his waistband and placed it on the table in front of W.H. Randal Holmes instructed W.H. to call C.H. and tell him he was being held at gunpoint and that C.H. needed to come to the residence right away.
When C.H. arrived at the residence, Randal Holmes allegedly pointed a firearm at him and told him to get into his vehicle. While in the vehicle, Gerald Holmes struck, punched and choked C.H. as Randal Holmes drove away.
They took C.H. to Randal Holmes’s residence, the indictment says, where they were met by Phoenix. C.H. was taken to the basement, where Gerald Holmes allegedly continued to assault him with fists, a hammer and tin snips/clippers. During the assault, Randal Holmes repeatedly demanded that C.H. disclose where the duffle bag containing the money was located. When Randal and Gerald Holmes left to retrieve the duffle bag, Randal Holmes allegedly handed Phoenix a firearm and told him to shoot C.H. if he attempted to move off the desk where he had been placed during the assault. Phoenix allegedly held C.H. at gunpoint until they returned to the residence.
Randal and Gerald Holmes later drove C.H. to a rural residence near Edwards, Mo. As Randal Holmes drove them to the residence, Gerald Holmes continued to strike C.H. with fists and the butt of a firearm. When they arrived at the residence, C.H. was told to call his father and to tell him that he was okay, that he had taken a beating, that he would be home in a couple of days and that he deserved what had happened.
In addition to the conspiracy, Gerald and Randal Holmes and Phoenix are charged with one count of kidnapping and one count of brandishing firearms in furtherance of a crime of violence. They allegedly brandished a Jimenez Arms 9mm pistol, a Hi Point 9mm pistol and another pistol of unknown caliber in furtherance of the conspiracy and the kidnapping.
Randal and Gerald Holmes are each charged separately with one count of being an unlawful drug user in possession of firearms. Randal was allegedly in possession of a Jimenez Arms 9mm pistol and a Heritage Manufacturing .22-calbier revolver. Gerald Holmes was allegedly in possession of an FN Herstal .40-caliber pistol, a Remington .270-caliber rifle an RG .22-caliber revolver, a Ruger .22-caliber rifle and a Mossberg 20-gauge shotgun.
Larson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt.
This case is being prosecuted by Assistant U.S. Attorney Brad K. Kavanaugh. It was investigated by the Independence, Mo., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Benton County, Mo., Sheriff’s Department, the Missouri State Highway Patrol and the FBI.