Additional charges filed against father, daughter in Conway brawl
Additional charges have been filed against two of the people arrested in connection with a racially charged fight last Saturday at a Conway entertainment company.
The Conway Police Department announced late Wednesday night that it had brought more charges against Michael Kennedy and Kelli Ann Kennedy, both of Quitman, who are father and daughter.
Michael Kennedy, 62, originally turned himself into the Conway Police Department Tuesday night and was charged with two felony counts of aggravated assault. After Conway Police received additional video and statements from witnesses to the fight, Michael Kennedy faces an additional felony charge of second-degree battery, according to the department.
Kelli Ann Kennedy, 34, was originally arrested Saturday night and charged with two Class-C misdemeanors — disorderly conduct and public intoxication.
Based on further evidence, she has been arrested and will be charged with second-degree assault, a Class B misdemeanor, and a felony for third-degree battery, the department said.
Chucky Don Hartwick, 53, of Heber Springs, was the third person arrested in the case. He was charged with one count of second-degree battery and four counts of aggravated assault.
Conway Police on Thursday released affidavits for Michael Kennedy’s original felony charges and Kelli Ann Kennedy’s new charges, detailing what its investigation had established regarding their involvement as of Wednesday.
According to the department’s “calls for service” report on its website, it received a disorderly conduct call from Malys Entertainment, 1040 Maly Curve.
Based on a police affidavit, the incident began around 9:30 p.m. when a group of adults leaving Malys made comments about a juvenile — later identified as 16-year-old Marcus Gardner Jr — having his hands down the front of his pants. It was later determined Gardner was just keeping his hands warm.
Comments were made to the group of juveniles, including racial slurs, and a verbal argument ensued, the affidavit said.
A man identified in the affidavit as Cody Southerland shoved a juvenile and the group of juveniles began hitting him.
According to Michael Kennedy’s affidavit, individuals accompanying Southerland began to join and “engaged in combat” with Gardner’s group, exchanging multiple punches, pushes, shoves and kicks.
Gardner appeared to be injured during this exchange, the affidavit said.
“Initially, poor quality video (resulting in videos being screen recorded) depicted what appeared to be an item falling during the physical fight between (Gardner and Kelli Kennedy),” the affidavit recounted. “It was later determined through higher quality video that the item seen was a lighter on a lanyard possessed by (Gardner). After further review of video after the incident it can be seen that Southerland shoves (unidentified juvenile) and an individual identified as Michael Kennedy simultaneously shoves (Gardner). All video reviewed at this time indicates that this is the first instance of physical contact between the two groups.” At this point, Hartwick
becoming involved in fighting at two different points.
During the second instance, Hartwick went to his truck and retrieved an item identified as PEX tubing with brass fittings. Mr. Hartwick was recorded swinging the PEX tubing at multiple people, striking at least three.
On Tuesday, police received a clear video showing that Michael Kennedy was carrying a set of pliers. Kennedy is seen on two separate occasions, raising his hand while holding the pliers in his hand. On one of those occasions, Kennedy is seen walking towards Gardner with his hand raised in the air.
Afterwards, Kennedy is seen putting the pliers in the back of his daughter’s pants.
According to the affidavit, a Malys employee reported seeing Kelli Ann Kennedy with what they described as pliers.
After retrieving the pliers from his daughter, Michael Kennedy walked towards the unidentified juvenile with his hand raised. The juvenile “narrowly” escaped being struck, the affidavit said.
“In the video it appears that approximately an inch of the nose of the pliers extend from the base of Mr. Kennedy’s grasp,” the affidavit said. “To further clarify, the nose of the pliers protruded from the bottom of his grip, closest to his pinky. Due to the manner in which Mr. Kennedy utilized the pliers a risk of serious physical injury was present.”
According to the affidavit, multiple investigators who reviewed body cam footage saw no witnesses or victims who made a reference to a knife being used to stab someone or anyone claiming they were threatened with a knife.
“No injuries were observed on (Michael) Kennedy’s palms (at) the time of incident that would support the presence of a knife,” the report said. “It is suspected that the pliers were mistaken as a knife. (Michael) Kennedy and Mrs. Kennedy were searched on scene and a knife was not located. Further investigation will be conducted to determine if (Michael) Kennedy caused injury with the pliers to anyone.”
As for Kelli Ann Kennedy, a review of video determined she attempted to strike the unidentified juvenile in the face after the original altercation.
In another video, taken near the end of the event, she was seen controlling the same juvenile’s head with one of her arms while striking him in the head multiple times with her other hand.
Kelli Ann Kennedy will have her bond appearance Friday morning.
Like Hartwick, Michael Kennedy had his bond hearing Wednesday morning.
Prosecuting Attorney Carol Crews asked for $100,000 bond and a no-contact order for both of them. Kennedy’s defense attorney, John Wesley Hall, asked for $10,000.
Hartwick was given the $100,000 bond, but Michael Kennedy’s bond was set at $75,000 with the no-contact order because there were fewer charges against him.
Both men are scheduled to appear in court again on Jan. 22 in the Second Division of the Conway Circuit Court before Judge Troy Braswell.