Idaho man who shot Eagle police officer pleads guilty to assault, theft charges
An Emmett man charged with shooting an Eagle police officer earlier this year has pleaded guilty to charges related to the crime.
Matthew Stillhallis Kelly, 21, pleaded guilty to two felony charges Tuesday — assault or battery on certain personnel with an aggravated enhancement and grand theft by receiving or possessing stolen property.
When he was charged in July, Kelly was also facing a charge of fleeing or attempting to elude a police officer and an enhancement of using a deadly weapon in commission of a felony. Those two charges appear to have been dropped as part of a plea agreement with prosecutors. Kelly pleaded not guilty to all charges in October before agreeing to the plea deal Tuesday.
Kelly was the subject of a multihour manhunt on July 13, as police began searching for him after Eagle police officer Brandon Austin was shot twice following a traffic stop near the intersection of Beacon Light Road and Idaho 16 north of Star.
Prior to the shooting, Ada County Sheriff’s Office units in Eagle and Star were alerted to a possible burglary in Canyon County where a yellow motorcycle was stolen. The city of Eagle contracts its police force through the Sheriff’s Office.
Later Austin located the motorcycle and tried to pull over the driver, whom police later identified as Kelly. After a brief vehicle chase, Kelly got off the motorcycle and Austin tried to follow him on foot.
“Initial information indicates it was when the officer stopped his patrol car to investigate that Kelly opened fire, shooting into the officer’s car, hitting and injuring him,” according to a press release from the Sheriff’s Office.
Kelly shot Austin twice. Austin returned fire, according to police, before fellow officers found him. Austin had put a tourniquet on himself to stop the bleeding. Kelly ran into a nearby neighborhood near River Birch Golf Course, which sits along Beacon Light Road and Pollard Lane.
Multiple law enforcement agencies were dispatched to the scene to help search for Kelly, including the Ada Metro SWAT team. Kelly later surrendered to police who were searching in the area. Law enforcement later said that a K-9 dog found a backpack of Kelly’s with two handguns inside.
Austin was shot in the arm and shoulder and was taken to the Saint Alphonsus Regional Medical Center in Boise. He underwent surgery for his injuries and was released from the hospital three days later. Austin was greeted by family, friends and members of law enforcement as he left the hospital.
According to Patrick Orr, a spokesperson for the Ada County Sheriff’s Office, Austin has not yet returned to work as of Wednesday.
Kelly was slated for a jury trial starting in February, though it has been canceled in light of his plea deal. His next court appearance is set for his sentencing on Feb. 5 in Ada County. According to online court records, four hours are blocked off for his sentencing.
For the assault on certain personnel charge, Kelly faces a potential prison sentence of up to 25 years. Kelly is being held in the Canyon County jail as he awaits his sentencing date. At the time of his arrest, Kelly was being held in lieu of a $2 million bail amount.
Kelly’s father, Kevin Kelly, was arrested the same day as the shooting and was later charged with nearly a dozen felony burglary and theft counts.
Kevin Kelly pleaded guilty to two counts of grand theft and one count of burglary on Monday, according to online court records. He is being held at the Ada County jail in lieu of a $200,000 bail amount, and he is scheduled to be sentenced on Feb. 22.
This story was originally published November 25, 2020 at 11:19 AM.
