The following is the narrative from the arrest affidavit for Cocoa Police Officer Patrick Kelly:
On Wednesday, December 28, 2022, at approximately 2227 hours, the Brevard County Sheriff’s Office (BCSO), was dispatched to XXXX Framura Lane, Melbourne, Brevard County, Florida 32940, in reference to a shooting. The 9-1-1 caller was identified as Ms. XXXXX, who advised the BCSO Communications Center that live in boyfriend Mr. Patrick Kelly had been drinking alcohol, pushed her with his hands, threatened to kill her, and actively shooting his firearm inside the residence.
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Upon the arrival, of BCSO deputies learned a white male was law enforcement and he had been drinking alcohol. In addition, he had discharged a firearm in the residence and was threatening to shoot every cop and deputy who arrived on scene.
As units set up a perimeter of the residence, contact was made with the female half at Vilano Lane and Acrivas Way. Ms. XXXX advised both her and Patrick Kelly are officers with Cocoa Police Department. He was making statements about shooting her, her son, and any law enforcement that showed up. It was relayed to units Mr. Kelly had multiple rifles and handguns in the residence that were fully loaded. While she was in the residence he discharged a shot gut after he threatened to shoot her.
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Brevard County Sheriff’s Deputies attempted to make contact with Mr. Kelly, while Ms. XXXX was transported to West Precinct located at 2725 Judge Fran Jamieson Way, Building E, Melbourne, Florida 32940. Once at West Precinct Ms. XXXX provided me a sworn audio recorded statement. During the statement she advised the following in summation:
Mr. Kelly came home from work at Cocoa Police Department (CPD) around 1530 hours very angry, making statements about shooting people. She believed he mentioned killing her and some other people, but could not recall who. He tends to make statements like this sometimes quoting movies.
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Mr. Kelly and Ms. XXXX both work for Cocoa PD, Mr. Kelly approximately 15 years. Mr. Kelly is also an 8 year Army Veteran. Ms. XXXX and Mr. Kelly have been dating and lived together for the past 3 years. They do not share any kids in common.
He has a history of alcoholism, being to multiple Alcoholics Anonymous (AA) meetings over the past couple years. He recently started drinking again and began to drink when he came home from work. He had multiple Coors Light beers and Vodka. Ms. XXXX does not know if he has been diagnosed with any mental health conditions; however, she believes he has Post Traumatic Stress Disorder (PTSD), Mr. Kelly was upset today from his father inviting them to dinner and them not going, making him feel guilty.
As Mr. Kelly started to drink he began to bring up issues from his past, agitating him about multiple things. He also started to say things about her son calling him a “punk”. Mr. Kelly usually does this when he drinks; however, tonight he was acting differently. He said he was going to call her son, but due to his intoxication, she did not know what he was going to say. At this time Ms. XXXX texted her son and requested him not come home.
Mr. Kelly has never been physical with Ms. XXXX before, but when she left to go into the bathroom he followed her. At this point she told her son and Mr. Kelly came into the bathroom telling her to give him her phone. She told him he was not taking her phone and he said “no, you know what this is.” He then grabbed her hand and told her to give him her phone once again.
She let him have the phone, saying “fine, here have the phone.” Furthermore, into the night he forgot about the phone and she was able to get it back from the bedroom.
While in the bathroom Mr. Kelly had wrapped his arm around her from behind, holding her in the bathroom by her shoulder. This happened when she was attempting to leave the bathroom.
He let go of her when she gave him her phone, no longer blocking her from leaving the bathroom. This was the first time he had put hands on her, causing her to realize this was an escalated issue. Ms. XXXX attempted to separate herself by heading upstairs to go to sleep. While upstairs she heard a lot of noises coming from the master bedroom where Mr. Kelly was. When she came down and walked into the bedroom he had his AK 47 and AK 15 sitting out with modified magazines, he had taped together.
Ms. XXXX immediately became fearful and felt like she could not run and felt stuck in the house, he continued to tell her “Oh yeah” and refused to go to sleep and deescalate the situation. Mr. Kelly told her “No, no, no, if you called the police I’m going to jail. XXXX I’m telling you right now I’m not going back to jail, this is aggravated assault with a firearm, and this is false imprisonment.”
While in the bedroom he grabbed her by the shirt and said he was going to shoot his Sergeant in the face tomorrow and he was going to kill everyone while she watched. She then went over to the bed where their gun safes are telling him to try to lay down and try to sleep. He walked out to the kitchen and came back into the bedroom with his duty vest. Mr. Kelly closed the French doors to their bedroom and wrapped his vest around the handles. He made threats stating “if you call the deputies I am going to kill every single one of those motherfuckers, I am not going back to jail I will shoot and kill them all.”
At this point he took all of his guns out and put them next to the bed. He then opened up the smaller safe attempting to grab her duty weapon. She told him not to take that because she needs it for work. He then walked around the room right next to her on the south east side of the room. He picked up his shotgun and began to load it. While he was loading the gun she grabbed her phone and told him she was going to the kitchen. He then said “you wanna hear ..” and she heard the shot gun being loaded and the bang of it being fired.
She then ran out of the house through the garage and down the street.
She advised she believed this was PTSD, because they can usually talk through things instead of him boing violent. He has previously been arrested for domestic violence in a previous relationship. Mr. Kelly was very clear to her, he was going to use every angle he could to start shooting people. Ms. XXXX believed he was both suicidal and homicidal; however, he was more homicidal due to his statements. Her biggest concern was Mr. Kelly following through on his statements to shoot and kill deputies.
Ms. XXXX did not have any further information to provide during the statement, concluding it. Ms. XXXX was not injured during this incident. While speaking with Ma. XXXX at West Precinct, deputies continued to attempt to make contact with Mr. Kelly.
As the perimeter was set up, Mr. Kelly began shooting several rounds periodically from inside the residence at deputies on the perimeter.
From the course of my investigation, based on the information gathered from Ms. XXXX and deputies on scene, it was determined that Mr. Kelly did commit the act of Aggravated Assault with a Deadly Weapon, Florid State Statute 784.021 and Discharging Firearm on Residential Property, Florida State Statute 790.15.
During a post Miranda interview, the defendant, stated he was having a bad day at work and when he came home, he started to consume alcoholic beverages. He then stated things escalated with the victim at which time, he accidentally discharged his weapon inside the residence and he knew he had “fucked up” and it went south from there. He stated he discharged his firearm several times through the roof of the residence to scare off responding deputies and the intent was not to shoot them but to scare them to back off from the house and leave him alone. The defendant stated he feels that something is wrong with him and he does not know what it is however he is remorseful and regrets scaring everyone due to his inability to control his problems.