Jacob Holly Not Guilty On All Counts

Jury Decides Rogers Man Innocent Of Murder, Battery Charges

Holly

Holly

Thursday, July 4, 2013

A Rogers man was acquitted on all counts related to a double stabbing under an Elkins bridge last summer.

A Washington County Circuit Court jury took just more than three hours to find Jacob Michael Holly not guilty of second-degree murder in the death of Chris Kelley and not guilty of battery against Shawn Kelley.

The jury had the option, but chose not to find Holly guilty of the lesser charges of negligent homicide, manslaughter, second-degree battery and third-degree battery.

Holly maintained he acted in self-defense and feared for his life when he stabbed the men during a fight under the Arkansas 74 bridge the night of July 14. Prosecutors argued Holly overreacted at best and he gave conflicting accounts of what happened during the fight.

Holly cried and hugged relatives and his attorneys when the verdicts were read just after 7:30 p.m. Wednesday.

Legal Lingo

Lesser Included Offense

A lesser crime whose elements are encompassed by a greater crime. A lesser included offense shares some, but not all, of the elements of a greater criminal offense. Therefore, the greater offense cannot be committed without also committing the lesser offense. For example manslaughter is a lesser included offense of murder. Although the offenses can be charged together, the accused cannot be found guilty of both offenses because they are both parts of the same crime because the lesser offense is part of the greater offense.

Source: thefreedictionary.com

“I spent five and a half months in segregated confinement and missed the birth of my son because of this deal,” Holly said. “I’m going to further my education and take care of my family and keep making babies.”

Holly and his wife, Samantha, are expecting another child that is due Christmas day, he said.

Leanna Houston, one of Holly’s attorneys, said the case was unfortunate for both families.

“It’s a tragedy. The Kelleys have had a big loss, too,” Houston said. “Everybody’s lives have been affected in a big way.”

Members of the Kelley family left the courtroom quickly after the verdicts were read.

Both Holly and Shawn Kelley testified Wednesday.

Holly told jurors he was attacked by both Kelleys after Shawn Kelley took exception to something Holly said to Chris Kelley. The men had been fishing, talking and drinking together for several hours.

“It’s not Jacob Holly’s acts that caused us to be here today, it’s the actions of Chris Kelley and Shawn Kelley,” Autumn Tolbert, deputy public defender, told jurors in closing arguments. “How much was Jacob Holly supposed to take? Was Jacob Holly supposed to take a beating before be fought back? I don’t think so.”

Holly said he was fishing for catfish in the White River when the Kelleys invited him over so he waded across the river. Chris Kelley recognized Holly from prison, and the two talked about their experiences, Holly said. The discussion upset Shawn Kelley. Chris Kelley then “bowed up on” Holly before Misty Kelley intervened, telling everyone to stop.

“It was real awkward,” Holly said.

But, everyone made up and went back to fishing, talking, telling jokes and drinking, Holly said. Later he and Shawn Kelley went to the store where Holly paid for a bottle of whiskey.

As the Kelley’s were leaving, Holly said he wished Chris Kelley good luck and told him to “stay out of the pen.”

That set Shawn Kelley off again. He started ranting, cussing and throwing things, Holly said.

Holy said he tried to calm Shawn Kelley down and Chris Kelley got involved.

Shawn Kelley punched Holly in the face. Chris Kelley threw a punch, missed, but pushed Holly into the river, he said.

“It all happened so fast. There was a lot of action in a short period of time,” Holly said about inconsistencies in his stories.

In the water, both Shawn and Chris Kelley tried to drown him, Holly said.

Holly broke loose but Chris Kelley was waiting on the bank with a folding knife. Holly got a knife from a fishing tackle bag on the bank and told the men to leave him alone.

Both men kept coming forward, Holly said. He poked Shawn Kelley several times with the blade. Chris Kelley tried to push him underwater again and Holly stabbed him in the neck before swimming away.

Holly swore he saw Chris Kelley going up the trail to a truck which left the area.

But, Chris Kelley’s body was pulled from the river the next day. An artery in Chris Kelley’s neck had been cut and he bled to death, according to the state medical examiner.

“He was justified 100 percent in his actions. He has a right to defend himself against these attacks,” Tolbert told jurors. “That night under the White River bridge, Chris Kelley and Shawn Kelley were not playing around. They were drunk and it was two against one.”

Shawn Kelley acknowledged he did not remember a lot of what happened that night.

“We all had a good buzz going,” Kelley said.

Kelley said Holly had made comments about prison that aggravated him and the two had some cross words before Holly apologized and things were fine.

There was more talking and drinking. The two even went to a nearby liquor store where Holly paid for another bottle of whisky.

A short time later the family decided to leave and, after helping load equipment, Kelley said he went down to the water to get the last of his stuff and wash off.

Kelley testified Holly was wading across the river from far side. Someone said Holly had a knife and Holly came out of the river and stabbed him, Kelley said.

“I felt a real sharp pain burning pain that took my breath,” Kelley said.

Kelley said he either fell back or was pulled back by his dad. Kelley said he doesn’t remember going up the bank to the truck or anything after that until waking up in the hospital.

Kelley received four stab wounds, three to the torso and one that went through his cheek and into his mouth, leaving a huge cut.

Kelley did not see what happened to Chris Kelley but said his father did not have a knife.

Shannon Bingaman, a passerby, testified Wednesday he saw Chris Kelley with a black folding knife earlier in the evening.

“You don’t have to like Chris Kelley. You don’t have to like Shawn Kelley,” Brian Lamb told jurors. “The physical evidence doesn’t back his story.”

Holly told the jury the incident should have never happened.

“There’s not a day goes by I don’t think about it,” Holly said. “I wish I’d never went.”