A Steamboat Springs real-estate developer who lost a $2.5 million judgment in a Routt County lawsuit has been arrested in an attempt to hire a hit man to kill the man who sued him, according to court documents filed in U.S. District Court in Denver.
According to an FBI affidavit, an FBI agent posing as a hit man met Brooks L. Kellogg, 73, at Denver International Airport on Tuesday and was paid $2,000 in “expense money” to kill Stephen Bunyard.
Corporations controlled by Bunyard had sued Kellogg and Kellogg’s partner, Richard Friedman, and their corporations, the affidavit said.
During the DIA meeting, according to the affidavit, the undercover FBI agent showed Kellogg a picture of Bunyard, and Kellogg confirmed, “That’s the guy.”
The FBI undercover agent said to Kellogg, “You’re the customer here” and “You want him killed?”
Kellogg reportedly responded “yeah” and added — when asked by the “hit man” if he had any other jobs for him — “Yeah, I got some other things in mind.”
According to the affidavit, Kellogg didn’t express any reluctance about having Bunyard killed.
Kellogg has been charged with one count of using interstate commerce facilities and mail in the commission of murder for hire. If convicted, Kellogg faces up to 10 years in prison and a $250,000 fine.
Kellogg appeared in federal court Wednesday, where he was advised of the charge. He is being held without bail pending a detention hearing scheduled for Monday.
Reached on his cellphone Thursday, Bunyard told the Steamboat Pilot newspaper it had been a “rather stressful day.”
“I don’t know what my reaction is,” he said. “I’m not used to having a contract put out on my life.”
Veteran Denver lawyer Larry Pozner, who is representing Kellogg, said he had just been hired and had little information so far.
“What I do have is a history of a successful businessman. Brooks’ background is impeccable. It makes no sense,” Pozner said.
