A Portland man is being held without bail after prosecutors say he attacked and bloodied another man for refusing to give him a cigarette.
The incident happened Wednesday, Sept. 2, near Southwest Broadway and Southwest 1st Avenue, according to court documents.
The Assault
A bystander called 911, reporting that the victim told him he had just been assaulted, was bleeding from his head, and that the suspect had run off.
When officers arrived, they spoke with the victim, who said he was sitting and smoking a cigarette when another man approached him and asked for one. The victim explained he didn’t have any cigarettes left but offered a puff from his own. The man then knocked the cane from his hand and repeatedly beat him over the head with it.
A woman nearby told police she witnessed the attack, which shattered the cane into several pieces.
Arrest and Statements
Officers identified the suspect as 36-year-old Joshua Joseph Kelly and arrested him as he tried to board a MAX train near Southwest 5th Avenue and Oak Street.
Police say Kelly admitted to hitting the man with the cane but made several “nonsensical” statements and claimed he was defending himself.
Kelly was arraigned Friday on charges of assault, attempted assault, and unlawful use of a weapon.
Prior Arrests and Charges
The recent arrest is not Kelly’s first run-in with the law in the Portland area. Earlier this year in Multnomah County, he was arrested on harassment and disorderly conduct charges stemming from at least two scuffles on a TriMet MAX platform on Northeast 82nd Avenue.
In one of those incidents, CCTV footage showed him pushing another man who was pushing a person in a wheelchair, nearly causing the man to fall into the street. Charges in the TriMet case were dismissed after Kelly was found unfit to stand trial, according to court records.
Port of Portland police also arrested Kelly at the Target store on Northeast Cascades Parkway in June after he allegedly tried to walk out with several items in his backpack. Police say they found two Oregon IDs with different names on him, along with nearly $130 in merchandise.
His prior arrests also include:
- Clackamas County theft charges for allegedly stealing from a JCPenney store, after which he failed to appear for a court hearing
- Washington County charges for allegedly stealing from a 7-Eleven store, after which he again failed to appear in court, leading to a warrant being issued for his arrest
According to jail records, Kelly was convicted of felony assault with a deadly weapon in Sacramento, California, in 2014.
Upcoming Court Date
Kelly is due back in court Sept. 15 on the current charges, according to court records.
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