Shooting Victim Enters Guilty Plea in Court

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HARRISONVILLE, Mo. -- A 22-year-old Cass County man shot in the head by a 15-year-old has pleaded guilty to assault and felony restraint. Daniel Kelly is lucky to be alive after being shot in the head in December of 2010.

The Cass County prosecutor says the boy who shot him had no choice. Kelly was allowed to make an Alford Plea because he claims to have no memory of his actions from the incident. He has no memory of the teenage boy who shot him either.

Prosecutors tell FOX 4 Daniel Kelly had been on a date with an old high school friend. During the car ride, he started acting strange and yelling military commands at his date and hitting her in the head repeatedly. That's when the victim jumped out of the car, ran through the woods and jumped the fence to get to the nearest house she could find. She then pounded on the front door for help.

When Daniel Kelly caught up with her, he screamed he was going to kill her.

"An innocent girl we didn't know was bleeding," said the teen. "He was threatening her."

FOX 4 agreed to protect the identity of the teen involved in this case.

When the homeowners intervened, Kelly attacked them, too. That's when the couple's 15-year-old son took matters into his own hands. He ran outside armed with a gun where Kelly had his father in a headlock.

"I took the gun at pointed it at him," the teen said. "I told him 'I have a gun and you really need to stop this.' "This is crazy, you can't do this.' I warned him several times then I shot."

The bullet went through Kelly's head and there's still a bullet by the front door.

"He reacted in what seems natural to him," said prosecutor Teresa Hensley. "So, a hero comes along when you need them and that's what he did."

Daniel Kelly survived with a scar to the back of his head. His victims are still alive and they have emotional scars.

"I had no choice," the teen said. "You have to do what you have to do."

Daniel Kelly received five years of probation. The prosecutor did not seek jail time because Kelly ended up being the only one seriously hurt that day. Kelly's blood alcohol level was three times the legal limit.

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