BOISE, Idaho — An Emmett man accused of stealing a motorcycle and shooting an Ada County Sheriff's deputy was arraigned on numerous felony charges Tuesday afternoon.
Matthew S. Kelly, 21, is charged with felony counts of aggravated battery on a law enforcement officer with an enhancement of using a deadly weapon in the commission of a felony, grand theft and eluding a peace officer.
Kelly was arrested Monday on suspicion of eluding the deputy and shooting and injuring him.
He made an appearance via video before Ada County Magistrate Judge Adam Kimball on Tuesday afternoon.
Here are the full charges read aloud in court:
- One count aggravated battery on a law enforcement officer - a felony charge.
- One count grand theft by possession of stolen property - a felony charge. He is charged with stealing a 2005 Suzuki motorcycle valued in excess of $1,000.
- One count of eluding a peace officer - a felony charge.
- One count use of a firearm or deadly weapon during the commission of a crime - a felony charge
Prosecuting attorney Brett Judd argued for bond to be set at $2 million, stating in court, "the defendant, for a profession is breaking into people's homes at night and stealing things."
Police says Kelly stole a motorcycle from Canyon County Monday morning. An Ada County deputy spotted the motorcycle and followed it as it headed into the county. He initiated a traffic stop, but Kelly tried to elude officers by driving the dirt bike through River Birch golf course in Star.
He stopped after the motorcycle became disabled. The engine blew because he was trying get away so fast, Judd said. The deputy approached Kelly and that's when he opened fire on the deputy, striking him twice - once in the arm, shattering his humorous, and a second time in the shoulder that entered his chest cavity.
He fled the scene but was found in a nearby cornfield. During an interview with police, Kelly admitted to shooting the deputy and said he did because he did not want to go to jail.
"I'm concerned that the defendant fled from law enforcement and was willing to use extreme violence, deadly action on a law enforcement officer," Judd said. "I think he poses a risk to the community and a severe flight risk. I think a bond of $2 million is appropriate."
Judge Kimball agreed to set bond at $2 million.
Kelly has been appointed a public defender. He is due back in court on July 23, at 8:30 a.m. for a preliminary hearing.
If convicted of the aggravated battery charge, Kelly faces up to 30 years in prison and up to a $100,000 fine. The weapon enhancement charge carries up to an additional 15 years in prison.
Kelly is also charged with two felony counts of burglary in a separate case from earlier this month. He will be arraigned on that charge Wednesday.
Kevin Kelly, Matthew's father was also arrest Monday and charged with two counts of burglary. They are not related to his son's case.