Teresa Moon
Kayden John Kelly, in custody, appeared for sentencing in the Tenth Judicial District Court in Fallon on Tuesday, December 3, before Judge Thomas Stockard. In September, Kelly pled guilty to Category B Felony Battery with a Deadly Weapon Causing Substantial Bodily Harm to a Victim Aged 60 Years or Older.
Kelly was arrested on May 6, 2024, for attempted murder after allegedly attacking his grandmother, Robin Aguliar, with a box cutter. Senior Deputy District Attorney Chelsea Sanford asked the court to sentence Kelly to prison for 48-180 months and to apply the sentencing enhancement regarding elderly victims, as the victim, Robin Aguliar, was over 60 at the time. "The state is requesting such a stern sentence because this case demands it," Sanford said, noting that the state understands the defendant had a horrible childhood; however, that does not justify what he did to someone who loved him, someone who was trying to give him a chance.
According to Sanford, Kelly was living with his elderly disabled grandmother, who had security cameras in the living room. Kelly asked her to go with him to the bathroom, where he grabbed her by the ponytail and slit her throat with a box cutter. He then took her cell phone and left the house. Fortunately, she had another phone that Kelly did not know about, which she used to call her sister, who sent help.
Kelly was calmly walking down the street when law enforcement officers approached – still having her blood on his hands. Sanford said the defendant wants probation, drug court, and rehabilitation, "But, unfortunately, the facts and circumstances of this case are too egregious for that opportunity, that risk for our community …" Sanford concluded with a statement Kelly made as he was slashing his grandmother's throat, "You're too good for this world, and I'm a bad person."
Churchill County Public Defender Jacob Sommer stated that the state elicited an emotional response from us all. "This is a unique situation in a lot of ways," said Sommer, who sought to provide a better understanding of the context in which this event occurred, citing Kelly's seriously difficult childhood, in which his parents did not want to care for or be there for him.
According to Sommer, Kelly's first suicide attempt was at age 12, with other attempts due to his mother telling him she did not love him. He had had no supervision as a child, discipline, or love. By 13, he was a daily marijuana user, and by 16, he was addicted to meth.
This offense occurred when Kelly was 18, just barely an adult, according to the legal standard, said Sommer. "Between an atrocious home life, his substance abuse, being regularly under the influence… [Kelly] has struggled with many mental health issues." These issues are untreated, and this is no fault of his own. Kelly recognizes that what happened was terrible and should never be permitted. He was under the influence, needed help, was not in his right mind, and felt things were largely out of his control.
Sommer asked for probation on a 6-year minimum suspended sentence, that he spend the next two years in jail, and complete the Western Regional Specialty Court Program upon release. "Sending him to prison will simply ease the mind; it will not solve the problem. Regardless of the sentence this court imposes, it will not change the fact that a victim was harmed," Sommer said. "The emotion of retribution, I think, is misplaced if we focus upon that in its entirety." Sommer asked the court to "grant Mr. Kelly mercy because he has indeed taken this responsibility."
Kelly addressed the court. "I understand that I can't be forgiven for what I've done… I'm just asking for whatever type of forgiveness I can receive… I understand it was not too good of a thing… I have mental health issues. I know it's no excuse... I'm asking for help and asking for help, but never receiving help… I feel like what I did wasn't all my fault."
Kelly's grandmother, present via Zoom, said, "I was not a good mother, but I was a wonderful grandmother. I used... all the love in my heart... and he used it against me… I know that his mother was very abusive, gave him drugs at a very young age, and did some horrible things to him… I've shown him nothing but concern and love."
"I have nightmares every night of different ways of him killing me and my mother, who is 97," Aguliar continued. "After doing it, walking around nonchalantly… telling me to just take it, like I'm just supposed to lay down and die. There was nothing in his eyes but black." She said she has tried to forgive him. "I just pray that God has mercy on him. I feel that he is a danger to himself and society and will be for a long time regardless."
The circumstances of the crime were horrific – a person over 60 years of age and feeble, applying a box cutter to her neck and slitting her throat, then taking her phone and leaving, said Stockard. He did not impose the maximum sentence of 72-180 months upon considering Kelly's lack of criminal history and other mitigating factors, including his mental health, youth, difficult childhood, and drug use. However, Stockard found that the enhancement did apply, doubling the incarceration term.
Judge Stockard sentenced Kelly to 60-150 months with an enhancement of 60-150 months for an aggregate total of 10-25 years in prison. "The penalty is substantial, but when you're done with your sentence, you're still going to be a young man," Stockard told him. "The sentence is severe, but your next chapter is going to be written by you, and I wish you the best."
Stockard remanded Kelly back to the sheriff's office for imposition of the sentence.
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