Day Of Drinking Foreshadowed Deadly Fight, Jurors Told

Holly Claims Self-Defense As His Murder Trial Begins

Jacob Holly leaves Judge Mark Lindsay’s courtroom Monday at the Washington County Courthouse in Fayetteville.
Jacob Holly leaves Judge Mark Lindsay’s courtroom Monday at the Washington County Courthouse in Fayetteville.

FAYETTEVILLE — A July day spent drinking and fishing by the White River near Elkins last summer turned deadly and now a Rogers man is on trial, charged with second-degree murder and first degree battery.

Washington County prosecutors say Jacob Michael Holly stabbed Chris Kelley, 44, and Shawn Kelley, 22, after an alcohol fueled altercation under the Arkansas 74 bridge. Chris Kelley died as a result of his wounds. Shawn Kelley was badly injured.

Holly, 28, maintains he acted in self-defense but prosecutors say he overreacted at best.

Jacob Holly
Jacob Holly

“Even if this was a self-defense situation, he went too far,” Kevin Metcalf, a deputy prosecutor, said in opening statements. “He used a knife, a deadly weapon, on a couple of drunk guys.”

Prosecutors say Holly gave several conflicting accounts of what happened the evening of the fight.

Autumn Tolbert with the Washington County Public Defender’s Office said Holly was the real victim the evening of July 14.

“We’re here because it was two against one. Two guys bigger than him were drunk and belligerent and attacking Jacob Holly,” Tolbert said. “He didn’t choose to have two people attack him.”

Holly arrived at the river in the afternoon with fishing gear and a bottle of liquor. The following day was his birthday. The Kelley family had been under the bridge fishing, drinking and swimming for several hours.

“This was a typical day at the river, everybody was drinking out there,” Metcalf said.

According to both sides, Holly and the Kelleys drank beer and fished together for several hours, even going back to the store for more whiskey and polishing that off. That’s where things get fuzzy.

Prosecutors say Holly and Chris Kelley exchanged words over something about 9:30. Shawn Kelly took exception. Holly, according to prosecutors, cut Shawn Kelley across the face then stabbed him three times. Shawn Kelley fled the area for help.

Legal Lingo

Second-Degree Murder

A non-premeditated killing, resulting from an assault in which the death of the victim was a distinct possibility. First-degree murder is a premeditated, intentional killing or one which results from a vicious crime.

Source: LAW.COM

Shawn Kelley’s mother, who was at the top of the embankment loading gear into the family’s truck, took one look at her son, loaded him in the truck and took him to a nearby convenience store where they called for police and an ambulance. She didn't see the fatal fight under the bridge.

Prosecutors say only Holly knows for sure what happened between himself and Chris Kelley at the bottom of that dark rocky bank that evening. Chris Kelley’s body was found in the river the next day. Medical examiners determined he died of stab wounds.

Holly’s defense team maintains Chris and Shawn Kelley were trying to drown Holly by holding him under the water. Holly managed to break away and reach the bank where he got a knife. Holly contends he warned both men several times he would defend himself, but they kept coming and grabbed him again, so he started stabbing.

The defense says Chris Kelley was a mean drunk who had a history of getting liquored up and attacking people.

Everybody agrees Holly went up onto the bridge and began flagging down cars, including an off-duty deputy. Holly had the bloody knife and a bloody cellphone in his hands when police arrived a short time later.

Jurors watched a video of Holly in the back of a patrol car. He’s yelling he needs medical attention for a variety of injuries.

“I didn’t want to do it, I swear to God,” Holly said at one point. “”They were trying to kill me, I swear to God.”

Prosecutors said Holly didn't have significant injuries when treated at the hospital emergency room. And, on the video, Holly said several times the Kelleys had a knife and had cut his hand during the attack.

The wound on Holly’s hand appeared to be an offensive wound rather than defensive wound, according to Chuck Rexford, a detective and crime scene specialist with the sheriff’s office. Rexford said the wound appeared consistent with Holly’s hand slipping down the wooden handle and on to the blade of the kitchen knife he was wielding while making a stabbing motion.

Rexford said he did find another knife in a tackle box in the back of the Kelley’s truck some weeks later but couldn't say if it was present during the fight.

The case is set to resume before Circuit Judge Mark Lindsay at 9 a.m. today. If convicted of second-degree murder, Holly faces six to 30 years in prison.

Upcoming Events