Kelly sentenced to 12 months in jail
Judge Rossie D. Alston Jr. ruled that Kelly, 46, of 9727 Zimbro Avenue, can remain free on bond until he is sentenced Feb. 21.
Commonwealth’s Attorney Paul B. Ebert had argued that argued Kelly’s bond should be revoked. Alston, who can lower the jury’s recommended sentence but not raise it, warned Kelly that he should be prepared to go to jail in February.
“You are walking out of this courtroom today, but that is no guarantee whatsoever you will [walk out Feb. 21],” Alston said.
Jurors determined Nov. 20 the Manassas father of 13 should be held responsible for the death of his youngest child. Twenty-one-month-old Frances Kelly was left in the family van for seven hours May 29.
The jury had been in recess since Nov. 21, when a juror was unable to attend deliberations due to illness. Today, defense attorney Carroll A. Weimer Jr. motioned the court for a mistrial, due to that delay and extensive media coverage.
Alston, who will sentence Kelly Feb. 21, denied the mistrial motion.
Staff writer Maria Hegstad can be reached at (703) 368-3101, Ext. 121.