[Austin Bodahl, 23] 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 -- who Assistant District Attorney Mike Verveer said is schizophrenic off his medication -- is charged with first-degree reckless homicide.
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.
May 30, 2007
So said David Kelly, according to the criminal complaint in the State Street murder case: