Marblehead ax attacker found guilty

LYNN – A judge convicted a former Marblehead man for attacking his former roommate with an ax. But the defendant will avoid a five-year jail sentence if he successfully completes probation including treatment for alcoholism.”The defendant’s fortunate he’s facing a district court disposition, this is an abattoir, this is unbelievable,” Judge Ellen Flatley said, looking at photos of the crime scene and describing it as a slaughterhouse.Michael Kelley, 53, formerly of 296 Washington St. #1A, Marblehead, was arrested and charged with aggravated assault and battery, assault with a dangerous weapon, assault and battery with a dangerous weapon and domestic assault and battery last December.A bench trial before Flatley was held Thursday in Lynn District Court.Marblehead Police responded to the Washington Street apartment Kelley formerly shared with Bradford Kelley (the two are not related) at 9:40 p.m. on Dec. 6, 2012 and found both men standing at the kitchen sink in a blood-spattered apartment. A woman was also in the apartment. Each person told officers that they all had been drinking.The victim told officers, as recorded in police reports and to which he testified last December in a dangerousness hearing, that Michael Kelley and he had been arguing. (Bradford Kelley, 43, died in March, unrelated to the incident, and this was not mentioned during trial). Michael Kelley then came at him with an ax, threatened him and swung at him three to four times, hitting him on the wrist once and hitting the refrigerator multiple times, Bradford Kelley had said.But Michael Kelley testified that Bradford Kelley had attacked him first, hitting him with a guitar, and then smashing the guitar and picking up a fireplace shovel and threatening him.”I was backing up and I ran into kitchen, and that’s when I grabbed the ax,” Michael Kelley testified Friday. “I hit the refrigerator because I thought he would maybe back off – but it didn’t work, I think it aggravated him more.”The defendant testified he and the victim then started wrestling and fell to the floor, with the victim getting injured.In closing arguments, Defense Attorney Mark Barry noted this story had not changed since the incident. Michael Kelley, who said he now lives in Salem, told police responding to the scene that he had been attacked. Marblehead Police Lt. Michael Everett recalled during testimony that Michael Kelley “said it was ironic that he was there being booked at the police station, when (Bradford Kelley) was at the hospital.” Michael Kelley also claimed self-defense during his dangerousness hearing, Barry noted.Meanwhile, Barry said Bradford Kelley offered two vague reasons for the argument and none of the officers or witnesses provided testimony refuting self-defense. (The witness in the apartment testified she didn’t remember any of the incident).”Bradford Kelley had a wound on his arm, somebody was going to get arrested because it was not a pretty scene, and the one without the injury was arrested,” Barry said.Giliberti reminded the court of a neighbor, however, who testified she heard the female witness in the apartment say “Michael, put it down, you’re going to kill him, Michael put it down,” Giliberti said. Giliberti also said police did not note a smashed guitar in the apartment or any shovel.Flatley said the evidence suggested a lot of drinking had preceded the incident and that “clearly something bad was going on.”But she said she did not find Michael Kelley’s story of self-defense credible and, even if it were, the injuries and condition of the blood-stained apartment indicated Michael Kelley used excessive force.She found Michael Kelley guilty of aggravated assault and battery, and assault and battery with a dangerous weapon. She said the evidence was insufficient for the other charges.Giliberti requested Michael Kelley be sentenced to two years in a house of corrections, one year to be served and the balance suspended for three years.Barry suggested a probation, not