Monday, May 20, 2013
PORTLAND — Brian Kelley, who is accused of shooting a woman on the street Saturday, made his first appearance in court on Monday.
Brian Kelley talks to his lawyer, Peter Cyr, in Superior Court today.
Portland police provided more details about the circumstances surrounding Saturday's shooting and the standoff on Cedar Street that led to Kelley's arrest.
According to Lt. Gary Rogers, Kelley shot a woman outside his apartment with a rifle-style pellet gun following a brief argument in which he told her to leave. The woman was at 19 Cedar St. to visit another tenant and apparently did not know Kelley, police said.
Kelley fired from a second-floor window and the pellet lodged in the woman's chest, police said. Court records identified the woman as 46-year-old Lisa Marie Powers.
A police incident report stated that Kelley told an officer on the phone that "the victim was 'trespassing' and deserved to have what happened to her, although he fell short of stated he had caused her any injury."
"Mr. Kelley denied having any knowledge or involvement in the incident and stated he would not come outside," Officer Joseph Bliss wrote in the report.
Peter Cyr, the lawyer representing Kelley during today's proceeding, said Kelley has issues with certain aspects of the police reports.
Saturday's standoff escalated after Portland's Special Reaction Team arrived on the scene and discovered two assault rifles, a handgun and a hunting rifle in a common area of the building's basement that Kelley might have had access to, according to police.
Police then handled the standoff under the assumption that Kelley, who was holed up in his apartment, had access to a lethal weapon. They expanded the perimeter to several city blocks and eventually drove him out of the building with tear gas.
Kelley has been charged with elevated aggravated assault, aggravated assault and reckless conduct with a dangerous weapon and faces civil penalties for creating the long and expensive standoff.
Powers was treated and released from Maine Medical Center.
Assistant District Attorney Kate Tierney said the victim had to have exploratory surgery and that the medical recommendation is to leave in place a pellet lodged above her spleen.
"She certainly did suffer," Tierney said.
Kelley did not enter pleas during his appearance before Justice William Broderick. He was ordered held on $100,000 surety or $50,000 cash bail.