Citing security concerns,
state court Judge Nadine Allen denied a motion filed by a lawyer for
Deandre Kelley, 34, who was charged with the shooting death of daughter
Achauntiara Lanza during an argument with the victim's mother, according
to bailiff Gail Ruth.
Kelley's lawyer, Hugh
McCloskey Jr., said the judge expressed concern that people might want
to hurt his client or that his presence at the funeral could spark a
dispute.
"This motion was
requested because it was requested by Mr. Kelley's family, especially
the deceased young lady's mother," he said. "This is a family unit,
whether we like it or not. They're suffering right now. In order to
start healing, it's something they need to go through together."
The mother, who was not identified, could not be reached for comment.
Prosecutors said Kelley
showed up at slumber party Lanza was hosting at her mother's house in
the early hours of of January 12 and argued with her mother. Kelley
allegedly fired his gun into the air during the exchange, with an errant
bullet striking Lanza in an upstairs bedroom.
The girl, struck in the upper torso, was later pronounced dead at Cincinnati Children's Hospital.
Prosecutors said the
dispute began hours before the shooting: Kelley and the victim's mother
argued because he brought a gun into the home while the girl was having a
slumber party with friends. Kelley left and went drinking.
When he returned about
3:00 a.m., Kelley was intoxicated, prosecutors said in a statement.
Children watching TV on the first floor let him in. The mother was
upstairs sleeping. Kelley entered and fired a shot out of the front
door. The girl's mother came down and ordered Kelley to leave. He fired
two additional shots, one striking his daughter, who was hiding in an
upstairs bedroom.
Kelley, who turned
himself in the next day, was charged with involuntary manslaughter,
reckless homicide, endangering children and having a weapon under
disability -- a charge stemming from a prior conviction for cocaine
possession.
Kelley had three prior
domestic violence charges involving the victim's mother -- which were
dismissed when she failed to appear in court.
"There has been a lot of
public discussion that the 'system' failed this family," Hamilton
County Prosecutor Joseph T. Deters said in a statement at the time of
Kelley's indictment. "This defendant has been charged with domestic
violence three times and was never convicted because the witness would
not cooperate.
Now, in an incredibly senseless act, he has killed his
daughter and the mother wants him to attend the funeral.
He added, "This is the
end of the road for this enabling. He needs to be in jail and the rest
of them should be looking in the mirror for the reason this little girl
is dead."
Kelley, who has pleaded not guilty, is being held on bond $500,000 bond. Lanza's funeral is scheduled for Saturday.
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