Watch out for angry mofo's in green kilts.....
Posted on 05/30/2007 6:09:29 PM PDT by SJackson
Even after Daniel A. Kelly fired two warning shots, Austin Bodahl continued to pursue him, knocking Kelly down and punching him repeatedly in the head, according to a criminal complaint filed today in Dane County Court.
Kelly ended the fight with a fatal shot from his .22-caliber Derringer, authorities say.
Bodahl, 23, of Waconia, Minn., had just arrived in Madison on a whim two weeks before he was shot dead on State Street on May 22 shortly before midnight.
Kelly was charged today with first-degree reckless homicide and made his initial court appearance on the charge this afternoon.
"I fired three warning shots and they kept coming at me," a criminal complaint quotes Kelly telling a bouncer at City Bar, 636 State St., "so I aimed at his stomach and I got him in the chest."
Police said the gun was actually fired only three times, with one bullet still in the chamber when the gun was recovered.
Kelly, 31, was a schizophrenic who had not been taking his medication, Assistant District Attorney Mike Verveer said at Kelly's initial court appearance today.
Arguing to maintain the $100,000 bail set last Friday, Verveer said Kelly poses a threat if let out of jail.
"We do have concerns that an obviously unstable man was armed with a handgun on State Street and used it with tragic results," he said.
Kelly is a diagnosed schizophrenic who has been off his medication, Verveer said. He said he told Canadian immigration authorities as much when he was turned down entry four times in four days into the country in late 2005. Verveer said he told immigration personnel that people were trying to kill him, and he wanted to tell Canadian authorities about it.
An Army veteran who served in Germany and Bosnia, Verveer said Kelly was living largely off of veterans benefits.
He lived at low-cost housing owned by Porchlight Inc. on Madison's east side.
Kelly's attorney, Dennis Burke, argued for lower bail, saying Kelly's parents, who were present at the hearing, could not afford $100,000, but could possibly come up with half that. He said Porchlight had agreed to house Kelly at another facility if he were to make bail.
But Court Commissioner Scott McAndrew kept the bail at $100,000.
According to the complaint:
Bodahl and two other men, Travis Verastegui and Carl Provin, were speaking with Kelly in the 600 block of State Street when Bodahl and Kelly began arguing, according to a witnesses. Then Bodahl approached Kelly as Kelly was seated on a concrete flowerbed, and tried to punch him in the head, but missed.
Kelly, a familiar presence on State Street who wore a green kilt, got to his feet and walked backward as Bodahl pursued, throwing numerous punches. Witnesses reported hearing two popping noises, and Bodahl continued advancing on Kelly as Kelly walked backward onto State Street.
One witness said Bodahl delivered so many punches that he tired out, then gave up and walked to the curb. Kelly could have left at that point, witnesses said, but he walked toward Bodahl. They talked for a time in a casual tone of voice, then Bodahl threw several punches. Kelly fell on his back and Bodahl punched him several more times as Kelly tried to block the blows with his feet and arms.
Then came another shot. Bodahl walked to the curb, and he laid down.
One of the two men who was with Bodahl said to Kelly, "You shot him," and Kelly replied, "Yeah, I shot him."
Throughout the fight, Verastegui and Provin never joined in.
Kelly surrendered to police when he was pointed out by witnesses. The gun was recovered by a City Bar employee, who used a bar rag to pick the weapon up in an alley after Kelly told the worker he threw it there.
Pathologist Robert Corliss reported that Bodahl suffered a single gunshot wound to the right side of his chest.
I admit to sypmathy for Kelly, the vet. That said schizophrenia is a serious problem.
Unless I'm missing something here, it appears as though Kelly, in a kilt which he shouldn't wear to court, was getting the *rap beat out of him by one to three assailants. And he shot the one, who died.
I'd like more information on this one.
Be interested if anyone knows more about this.
Hmmm, on this one it seems pretty open and closed to me.
Kelly is attacked, Kelly is struck, Kelly acted in self-defence. Psychotic, cross-dressing, stuttering, color-blind or drunk doesn’t matter. He was attacked, he defended himself - open and shut case.
What is he supposed to do? Let some man beat him senseless and offer no resistance? The world is a better place by a factor of 1. I have no patience for bullies, and humans are not on the endanged species list - this was a good start in thinning the drunken thug herd. I could easily stand to hear more stories like this.
I saw this earlier today. This is all I can find.
http://www.kstp.com/article/stories/S98913.shtml?cat=206
Watch out for angry mofo's in green kilts.....
IANAL but this is how I understand it. The law states that you have an obligation to get out of a threatening situation given the opportunity. That’s why you can shoot intruders in your home no questions asked. Your home is considered a “safe harbor” because there’s nowhere else to run to.
Again, I’m speculating but I think that if Kelly had shot the attacker during the initial assault he would have a strong case. But because the attacker stopped attacking and the Kelly continued to talk to the attacker it weakens his case for self defense. He had the opportunity to escape and he didn’t.
Of course a jury might be more understanding.
I'd guess that, since he's in custody, he probably wasn't wearing his green kilt at his court appearance. More likely, he was wearing jail-house orange.
Warning Shots?! The proper placement of a warning shot is two inches above the tip of the attacker’s nose.
Thanks, a legislators, son. I’m going to post the article.
Charges filed in shooting of former legislator’s son
http://www.kstp.com/article/stories/S98913.shtml?cat=206
The man accused of killing the son of a former Minnesota state legislator on a busy street near the Wisconsin state Capitol said he fired warning shots during a fight with the victim, but he kept coming at him.
Daniel Kelly is charged with first-degree reckless homicide in the death of Austin Bodahl of Waconia, Minn., last week on State Street in Madison, Wis.
A criminal complaint said a verbal confrontation between the two escalated into a fist fight and eventually the gunfire.
In Dane County Circuit Court on Tuesday, Assistant District Attorney Mike Verveer said Kelly has a history of mental illness, including schizophrenia and has been on and off medication.
Bodahl was the son of former Minnesota state Rep. Larry Bodahl.
Austin Bodahl’s funeral was Thursday morning.
Not in some states if your home as a back door or window for you to run out of to get away from the perp.
One witness said Bodahl delivered so many punches that he tired out, then gave up and walked to the curb. Kelly could have left at that point, witnesses said, but he walked toward Bodahl. They talked for a time in a casual tone of voice, then Bodahl threw several punches. Kelly fell on his back and Bodahl punched him several more times as Kelly tried to block the blows with his feet and arms.
Then came another shot. Bodahl walked to the curb, and he laid down.
Note the article posted upthread. If you're homeless, even a vet, don't shoot a state legislators kid.
From the story it seems that instead of “warning shots” he should have shot the other two assailants also. Typical prosecutor who defends the dead criminal so he can appear to be defending someone or something.
Not in some states if your home as a back door or window for you to run out of to get away from the perp.Ugh. Which states? I want to avoid living in them.
Don't know if that's what he had but they are 5 shot.
If Bohdal had punched Kelly and he fell, hit his head, and died, I wonder what Bohdal would have been charged with.
If memory serve me, and I’m getting old, I believe they were originally 4 round cylinders in .22LR or .22mag. I could easily be wrong, I’ve never owned one, but I had a very brief crush on the .22mag with the folding grip. I assume you’re right, which leaves us on a search for a 4 shot “derringer”. Not uncommon.
AFAIK, one cannot carry a handgun in public (CCW) in Wisconsin.
His attorney should argue that he had been beaten so badly in the first round that he was not responsible for his later actions due to repeated blows to the head.
From a practical perspective, I don't think any states require you to flee from a threat in your home. I'd be curious about the circumstances if I'm wrong.
Mn state legislators son, dead homeless veteran (I guess that shouldn't matter) with an illegal weapon (can't carry concealed in WI, must have a trigger lock in Madison, two crimes), he'd get recognition for his selfless act defending his life and that of his two friends.
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