An aspiring rapper from San Francisco, on probation after a lengthy prison term for a drug distribution conspiracy, attacked an 80-year-old senior at a BART station, a court heard today.
Kevin Kelley, 42, launched the alcohol-fueled attack just before 11:00am on Saturday December 2 on a platform at West Oakland BART. He first threatened to punch his victim and then kicked him while “yelling incoherently”.
Kelley appeared today, out of custody, before U.S. District Judge Charles Breyer at San Francisco federal courthouse to answer several allegations that he had breached the terms of his supervised release.
“There is one [allegation] that particularly concerns the government,” said Assistant U.S. Attorney Michael Lagrama, “It’s the battery of an 80 year old individual at the Bart station.”
Kelley’s federal attorney told the court that he had consulted with the public defender in Alameda County who anticipated that the violent assault of the elderly man would be resolved by way of ‘diversion’ there.
Kelley was released from federal prison last year after being sentenced in 2017 to 87 months’ in custody. Since that point he has repeatedly tested positive for cocaine in probation-required urine tests.
“It doesn’t look good on paper,” Kelley said of his record of probation violations.
“No it doesn’t look good,” replied Judge Breyer.
Having been told of Kelley’s desire to fulfill performing and recording engagements across California, Breyer gave Kelley permission to travel but told him it had to be coordinated with his probation officer, he wasn’t allowed to drink, and he must not break the law.
“I look very carefully at conduct after you have been charged with something because your ability not to commit any other violations is a pretty good indicator of how you can be expected to comport yourself in the future,” said Judge Breyer, warning Kelley that further transgressions would be dealt with more severely.
He was arraigned today on two new probation violation charges, bringing the total to five.
He was ordered to appear again on January 17 at 1:30pm.
The case continues.
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