Philadelphia man draws prison for raping woman in Upper Moreland

NORRISTOWN » A Philadelphia man was sent to state prison for raping a woman after entering her Upper Moreland residence uninvited.

Brian David Kelly Jr., 36, of the 2500 block of West Crown Avenue, was sentenced this week in Montgomery County Court to 69- to 138-months in a state correctional facility, to be followed by three years’ probation, on a felony charge of rape by forcible compulsion in connection with a March 2020 incident. Kelly previously pleaded guilty to the charge.

“There’s no question a sentence of total confinement is appropriate. Anything less would depreciate the seriousness of the crime,” Judge Thomas C. Branca said as he imposed the sentence.

The judge ordered Kelly to comply with all recommendations for treatment stemming from a psychosexual evaluation that was completed in October in preparation for the sentencing hearing.

“I believe he has the possibility of re-offending again without addressing his psychological needs,” said Branca, who also ordered Kelly to have no contact with the victim.

Before learning his fate, Kelly apologized to the victim.

“I would like to apologize for my actions and all the mental pain I put you through. You’ll never see or hear from me again,” said Kelly, adding he had a good job, a good family and friends and “because of my stupid actions I lost it all.” “My life will never be the same again. I’m prepared to face the consequences of my actions.”

Assistant District Attorney Bridget Gallagher sought a lengthy state prison sentence against Kelly, arguing that he is a “dangerous” man who downplayed the crime when he was interviewed by presentence investigators. A psychosexual evaluation of Kelly determined he has a moderate risk of recidivism, according to testimony.

“He refuses to accept responsibility,” Gallagher argued. “He systematically tortured this woman, culminating in a violent rape.”

In a letter to the judge, the victim expressed that she was terrified of Kelly and that the incident has left her distrustful and fearful and that it negatively affected her sense of security.

Defense lawyer Matt Sedacca argued for leniency in the form of a mitigated sentence and presented several character witnesses on behalf of Kelly who described him as a “kind and gentle” man who had a strong work ethic and was non-violent.

In addition to the prison term, Kelly faces a lifetime requirement to report his address to state police in order to comply with the state’s Sexual Offender Registration Act.

“That is certainly a heavy burden and he knows that,” Sedacca argued.

The investigation began about 4:45 p.m. March 18, 2020, 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 Upper Moreland Detective Francis Joseph Gallagher Jr.

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 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,” detectives alleged in court papers.

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 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.

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.