Motions are scheduled for May 2 in the case of a man indicted in December on obstruction and terroristic threat charges.
Kelly Martinez Nicely, 38, of Gainesville, was allegedly naked and acting irrationally in the Bills Circle area of North Hall when Hall County Sheriff’s Office deputies were called Sept. 26 to intervene.
The Sheriff’s Office wrongly identified the man as Nicely’s twin brother, Keary Maurice Nicely, 38, of Gainesville.
Motions, filed by Kelly Nicely’s attorney with the public defender’s office, request immunity from prosecution and suppression of certain evidence. They’re set to be heard before Judge Kathlene Gosselin.
Kelly Nicely remains in jail without bond, charged with felony obstruction of officers, misdemeanor obstruction of officers, terroristic threats and disorderly conduct.
The Sheriff’s Office said Kelly Nicely quickly became aggressive that day, forcing deputies to defend themselves with pepper spray, a Taser and batons, “none of which had any effect on the subject,” according to a news release sent at the time.
2 teens arraigned year after school BB gun incident
Two former Johnson High School seniors entered pleas Tuesday in Hall County Superior Court on charges of possession of a weapon on school property.
The charges stem from an accidental BB gun shooting in the school’s media center. The student who was shot was OK.
The two defendants, Edwin Huizar, 18, and Jessie Reyes, 18, were graduating seniors when they were charged with the felony offense. Huizar also was charged with misdemeanor possession of marijuana.
Huizar was showing Reyes the gun he had brought to school, according to Hall County school system and sheriff’s officials.
The gun accidentally discharged, and a BB struck a student sitting at a nearby table, school system spokesman Gordon Higgins said.
The two students were immediately suspended and booked into the Hall County Jail, with Huizar held on $11,000 bond and Reyes on $10,000 bond, according to the sheriff’s office.
According to state law, possessing a gun on school property without a license is a felony; with a license it is a misdemeanor. The law states a conviction can be punished by a fine of not more than $10,000, by imprisonment for not less than two nor more than 10 years, or both, which can be served in prison, probation or a combination of both.
Court records show Huizar applied for a court-appointed attorney on Wednesday, and that Reyes has retained a private attorney.
Huizar was still listed as representing himself on the date of the arraignment.
Emma Witman covers public safety issues for The Times. Share your thoughts, news tips and questions with her: