Man held for trial for alleged rape
A Philly man must answer to rape and burglary charges in connection with his alleged sexual assault of a woman.
NORRISTOWN » A Philadelphia man must answer to rape and burglary charges in Montgomery County Court in connection with his alleged sexual assault of a woman after entering her Upper Moreland residence uninvited.
After a preliminary hearing held via video conferencing due to the coronavirus pandemic, Brian David Kelly Jr., 34, of the 2500 block of West Crown Avenue, was ordered to stand trial on charges of rape, sexual assault, aggravated indecent assault, indecent assault, burglary, criminal trespass, terroristic threats, simple assault, harassment, false imprisonment, unlawful restraint, stalking and loitering and prowling at night in connection with alleged incidents that occurred between January and March 2020.
The hearing was held by utilizing video technology to link District Court Judge Edward Levine of Lansdale, Assistant District Attorney Bridget Gallagher, Upper Moreland Detective Francis Joseph Gallagher Jr., defense lawyer Marc Neff , who all were at separate locations, with Kelly, who was in a video room at the county jail in Lower Providence.
Detective Gallagher was the sole witness called by the prosecutor during the hearing.
During the hearing, Neff argued prosecutors didn’t provide sufficient evidence to prove certain charges. But Prosecutor Bridget Gallagher argued sufficient evidence was presented through the lead detective’s testimony.
Levine rejected Neff’s request to reduce Kelly’s bail to unsecured bail. Bridget Gallagher opposed the bail reduction request, arguing Kelly is a danger.
“The stalking was pretty clear. He had a goal and a motivation throughout the entire time,” Bridget Gallagher alleged. “He seems like the type of person that is not going to give up, which is why it’s really important that he stays in jail and that the charges were held. He persisted until he ultimately ended up breaking into her house in the middle of the night and raping her.”
Bail remained at $500,000, 10 percent. Kelly was unable to post the bail and he was remanded to the county jail to await trial in county court.
An investigation began about 4:45 p.m. March 18 when Upper Moreland police responded to a Preston
Lane residence in the township for a report of a sexual assault. At that time, a woman reported that her former boyfriend, Kelly, broke into her residence at about 2:30 a.m. and sexually assaulted her, according to the criminal complaint filed by Detective Gallagher.
The woman, who had a previous relationship with Kelly but broke it off in December 2019, told detectives she ordered Kelly to leave the home but he refused, grabbed her arm, pulled her into a bedroom and locked the door behind them, according to the arrest affidavit.
“She continued to tell him to leave her house but again he refused to leave,” Detective Gallagher alleged, adding Kelly then tried to kiss the woman and told her he was going to “impregnate” her.
The woman tried to fight off Kelly’s advances and told him “No,” but Kelly placed his hand over her mouth so she could not yell, pushed her down to restrain her and sexually assaulted her, detectives alleged. The woman’s attempts to get away were unsuccessful.
When the alleged sexual assault ended, Kelly told the woman “not to tell anyone,” and he left the residence through a balcony door and onto the roof and down a ladder to the ground, the same manner in which he gained access to the residence, according to court papers.
“She did not give Kelly permission to come into her house. She told him over forty times to stop assaulting her or ‘No’ during this assault,” Detective Gallagher alleged.
When detectives interviewed Kelly on March 18, he admitted to showing up at the woman’s house uninvited and admitted that he entered the home by climbing onto the roof. Kelly allegedly claimed to believe that he and the woman were still in a relationship at the time of the incident, according to the arrest affidavit.
A forensic review of cellphones revealed Kelly had been sending the woman text messages since January and repeatedly asking why the victim was deleting him, according to court papers. The victim repeatedly told Kelly to leave her alone and to stop contacting her, detectives said.
Detectives alleged the evidence “shows that Kelly would not accept the victim’s explaining she no longer wants to be in a relationship with him and he was focused on coming to her house to contact her,” Detective Gallagher wrote in the criminal complaint.
“He seems like the type of person that is not going to give up, which is why it’s really important that he stays in jail and that the charges were held.” - Montgomery County Prosecutor Bridget Gallagher