Jury finds Kelly not guilty of assault

RED OAK – A 12-member jury needed a little more than an hour to return a not guilty verdict Tuesday in an assault trial involving two Stanton men.

Kevin Kelly, 32, admitted to hitting his wife’s uncle, David Cashatt, three times, causing a fractured orbital bone in the 53-year-old man who had previously suffered a stroke and was receiving disability benefits.

However, Kelly testified he was doing so in self-defense, telling the jury during the one-day trial that Cashatt brandished a hammer while claiming he was going to kill him.

Cashatt had gone to the Kelly’s home in rural Stanton on Sunday, April 14, to help Kevin Samantha repair a truck.

An argument between Kelly and Cashatt ensued after Kevin and his wife Samantha decided against repairing the truck.

Kelly testified at that point Cashatt stepped towards him with a raised arm, which resulted in Kelly striking Cashatt twice with his fist.

Cashatt then stopped and grabbed a sledgehammer from a tool box and continued to approach Kelly threatening to kill him. Kelly said he then hit Cashatt a third time with his fist, knocking the man down and causing the facial injuries that resulted in surgery and a severe concussion.

Cashatt testified he never brandished any kind of weapon, nor did he ever threaten Kelly.

“I’m not a fighter; never have been,” Cashatt said. “I’m old and worn out and he’s young.”

Kelly’s defense attorney was critical of the lack of an investigation performed by Montgomery County Sheriff Deputy Chris Stephens, who responded to the 911 call and arrested Kelly.

Stephens said he talked to Kelly’s wife and the victim, before Kelly admitted to causing the injuries. At that point, with obvious injuries and a confession from the man who caused them, Stephens said he made the arrest.

Read next week’s Red Oak Express for all the details from the day-long trial.