PORTLAND — Police say their standoff Saturday with a man on Cedar Street escalated after officers discovered that he might have access to guns, including an assault rifle, in the apartment building’s basement.

Brian Kelley, 48, is accused of starting the standoff by shooting a woman with a rifle-style pellet gun Saturday morning from a second-floor window of 19 Cedar St. Kelley was arrested at gunpoint six hours later, after police shot tear gas into the building.

Lt. Gary Rogers said Monday that police found two assault rifles, a handgun and a hunting rifle in the basement.

Some neighbors were evacuated from their homes during the standoff, and nearby Portland High School was locked down as students inside took the SAT exam.

Kelley made his first court appearance in the case Monday. He is charged with elevated aggravated assault, aggravated assault and reckless conduct with a dangerous weapon. He also faces civil penalties for creating the long and expensive standoff.

Kelley did not enter any pleas during the brief proceeding before Justice William Broderick. He was ordered held on $100,000 property or $50,000 cash bail, as recommended by the prosecutor.

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Assistant District Attorney Kate Tierney said the victim — identified in court documents as 46-year-old Lisa Marie Powers — had a pellet lodged above her spleen. The prosecutor said Powers had to have exploratory surgery, and that the medical recommendation is to not remove the pellet.

“She certainly did suffer,” Tierney said.

Police said Kelley shot the woman after a brief argument in which he told her to leave. She was at the apartment building to visit another tenant and apparently did not know Kelley, police said.

The situation escalated after Portland’s Special Reaction Team arrived and discovered the weapons in a common area of the basement. Police handled the standoff under the assumption that Kelley had access to a lethal weapon. They expanded their perimeter to several city blocks.

According to a police incident report, the owner of the apartment building, Jeffrey Morgan, said he had given Kelley the pellet gun.

According to the report, Morgan told an officer that he had “at least” a shotgun, two or three scoped hunting rifles, three or four handguns and an AR-15 in a locked safe.

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“Later it was determined that the safe was in fact unlocked and open,” Officer Joseph Bliss said in the report.

Kelley told Officer Dave Argitis many times over the telephone that he hated Portland police, according to the report. Bliss wrote that Kelley said the victim was “trespassing and deserved to have what happened to her,” but he denied any involvement.

Kelley was under the influence during the incident, Rogers said Monday, but he didn’t know what substances Kelley was using.

Peter Cyr, the lawyer assigned to represent Kelley during Monday’s proceeding, said Kelley disputes some aspects of the police reports.

Kelley is a waterfront worker who was laid off for a few months during the slow season but is about to start working again, Cyr said. The lawyer, in arguing for bail of $500 cash and pre-trial bail supervision, told the judge that Kelley’s criminal convictions are relatively old.

“And no violence,” Kelley added.

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Kelley’s most recent convictions were in 2002, for operating under the influence and being a habitual motor vehicle offender.

He was convicted of the same offenses, and for possession of a firearm by a felon and the misdemeanors of theft, forgery, criminal mischief and drinking in public.

– Staff Writer David Hench contributed to this report.

Staff Writer Ann S. Kim can be contacted at 791-6383 or at: akim@pressherald.com

Twitter: AnnKimPPH

 


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