HILO — A 19-year-old Puna man who shot his father to death with a pellet rifle last year pleaded no contest Monday to manslaughter.
HILO — A 19-year-old Puna man who shot his father to death with a pellet rifle last year pleaded no contest Monday to manslaughter.
Hilo Circuit Judge Greg Nakamura ordered Forrest Keesler, aka Forrest Kessler, to appear for sentencing at 8 a.m. on Nov. 21. Trial for Keesler was to have begun Monday with jury selection. Keesler was charged with second-degree murder in the May 23, 2015, shooting death of 47-year-old Jeffrey Kelly in the family’s home on Pikake Street in Fern Acres.
Keesler, who has been in custody in lieu of $250,000 bail since his arrest the day of the incident, answered questions Monday from the judge in a yes-and-no manner. One exception was when Nakamura asked Keesler if he’d taken any medication, consumed any alcohol or taken any illegal drugs in the past 48 hours.
“I take medication at night for sleeping, but aside from that, no,” Keesler replied.
A family member described Keesler as severely autistic, but a panel of two psychiatrists and a psychologist found him fit for trial.
Manslaughter carries a possible 20-year prison term upon conviction. Keesler was eligible for a possible sentence of probation, but agreed to a prison term of 30 months with credit for the 15 months he’s already served. He will serve his term in a state correctional facility in Florence, Arizona, that, according to Deputy Prosecutor Joseph Lee, is equipped to handle inmates with psychological problems.
After his release, he will be transferred to what Lee described as a “secure mental facility,” most likely in New York state, where Keesler hailed from and most of his family lives.
“He’s not going to be released back into the public,” Lee said.
If convicted of second-degree murder, Keesler would have faced a mandatory sentence of life imprisonment with the possibility of parole.
According to court documents, Kelly’s fiancée, Traci Jones, told police she was in the bathroom in the family home when she heard a gunshot. When she emerged from the bathroom, she reportedly found Kelly on the floor with a chest wound, holding a cellphone and a blue rag.
Jones told police she saw Keesler holding a pellet rifle, documents state.
Kelly later died at Hilo Medical Center.
Documents state Kelly was arrested Sept. 23, 2014, and charged with domestic abuse for allegedly striking his son, who was then 17. Documents state Kelly and Keesler were engaged in an argument that escalated into physical violence, and Keesler reportedly told officers he was punched about five times to his left temple, causing pain and swelling.
Documents state “a highly intoxicated, uncooperative” Kelly refused to be advised of his rights, to sign any forms, or to be photographed or fingerprinted.
According to court records, Keesler temporarily was removed from Kelly’s custody by Child Welfare Services, but moved back in with his father after turning 18.
Court records also indicate Kelly was convicted of an act of violence in another state.
Kelly, who was described by an acquaintance as a veteran who suffered from post-traumatic stress disorder, was free on supervised release when the shooting occurred.
Stanton Oshiro, Keesler’s court-appointed attorney, said after Monday’s hearing Keesler has maintained that the shooting was accidental and “he never varied from that.”
“The (police) reports make it clear that from his version of the events, it was an accidental shooting,” Oshiro said.
Oshiro said he advised his client to take the plea agreement because Keesler was facing a life sentence with “no certainty” of acquittal.
“At the end of the day, it’s an arrangement that addresses the concerns of all the parties,” Oshiro said.
Lee said the agreement “deals with the issues.”
“Overall, it’s a good deal for everybody,” Lee said.
Email John Burnett at jburnett@hawaiitribune-herald.com.