Undisputed Gym Owner Learns His Charges Are Dismissed

JOLIET, IL — Brandon Kelly was jubilant Wednesday morning as he shared hearty handshakes and hugs with a dozen supporters and witnesses who planned to testify on his behalf during his criminal bench trial in Courtroom 302 of Will County Judge Sherri Hale.

The judge informed everyone that Kelly's two counts of resisting arrest were dismissed; moments earlier, a prosecutor with the Will County State's Attorney's Office asked Judge Hale to delay Kelly's trial because her witnesses — at least four members of the Joliet Police Department force — were nowhere to be found in Courtroom 302. The judge rejected the prosecutor's request to delay the trial, prompting the dismissal of the prosecution's case against Kelly.

Wednesday was scheduled to be the first day of Kelly's criminal trial, a trial that was on the court docket for months.

And yet, none of the Joliet police officers responsible for tasering Kelly last fall inside Kelly's Undisputed Strength gym at 1736 Essington Road showed up to testify as prosecution witnesses for Wednesday's trial. The 43-year-old gym owner was tasered and arrested by several Joliet police officers during a before-sunrise fitness class on Sept. 27.

After Kelly's charges were dismissed, Joliet criminal defense lawyer Chuck Bretz told Joliet Patch that he planned to ask for a bench trial in front of Judge Hale rather than have a jury trial for Kelly.

Bretz expected the trial would have lasted one or two days.

Bretz was not expecting his client's case to be dismissed on Wednesday morning.

"I was surprised no one showed up, because I had no advance notice," Bretz said. "The Joliet police officers failed to appear. If they had appeared, we were very confident in our ability to defend against these charges.

"The bottom line is the police made an unauthorized entry into a private place of business and used excessive force to effect an illegal arrest while Mr. Kelly was in the process of trying to conduct his business," Bretz explained.

In November, Patch published a story showing Joliet police body camera footage of Kelly's arrest.

In police body camera footage, Kelly's confrontation with several Joliet officers on the sidewalk of Undisputed Strength turned violent on Sept. 27 after Kelly shouted profanity and ordered the officers to get off his property and not to enter his gym.

Several Joliet police squad cars arrived at Undisputed Strength around 6 a.m. to investigate a noise complaint initiated by one of the officers.

According to the criminal complaint, Kelly pushed Joliet Police Officer Allen Pina, and Kelly pulled away from Joliet Police Officer Nicholas Szalinski.

"The fact that not one of the four officers involved showed up for trial speaks for itself," Bretz told Joliet Patch, shortly after Judge Hale dismissed Kelly's two resisting arrest charges.

Bretz said he was prepared to call Kelly to testify in his own defense.

"He was prepared to testify as well as other witnesses who were present and of course we had the body camera video that showed what happened," Bretz revealed.

Related Joliet Patch coverage:

Owner of Undisputed Gym Tased By Joliet Police, 2 Charges Filed