Man convicted of assault asks judge to clear charges

A Columbia man found guilty of three counts of domestic assault in November asked a Boone County judge for an acquittal of those charges on Friday.

Brian Kelley was convicted of two counts of fourth-degree domestic assault and one count of first-degree domestic assault in November after he attacked his grandparents. Authorities said Kelley had tried to strangle one of them and swung a metal pipe at them during the attack last December. They used wasp spray to fight Kelley off and then held him at gunpoint, according to official accounts of the incident.

Kelley was found not guilty on the conspiracy to commit murder charges.

According to court filings, Kelley’s attorneys filed a motion of acquittal to the court for the assault charges because of errors the court made. According to the attorney, the court entered Kelley’s assault charged as second-degree domestic assault as opposed to first and fourth degree.

Kelley is scheduled to be sentenced in January.

He’s also expected to go to trial on Wednesday on separate drug possession in jail charges.

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