Victim: Don Madak
The accused: Richard "Ricky" Kelly

Madak

Don Madak

White male

Age at time: 43

Weapon: gun

gun

Victim photo: Pinellas County Sheriff's Office

 
Kelly

Richard "Ricky" Kelly

Black male

Age at time: 24

Weapon: gun

gun

injured

Defendant photo: Pinellas County Sheriff's Office

Case type:
Argument turned violent

Location:
Public

Initiator:
Disputed

Witnesses:
Yes

Case year:
2011

Location details: street in Clearwater, Pinellas County, on Aug. 03, 2011

What happened: Neighbors Don Madak, an older white man, and Ricky Kelly, a young black man, had become friends because of a mutual interest in ridding their neighborhood of alleged gang members. But Kelly and other neighbors, including some whites, gradually drew away from Madak, who boasted about always carrying a gun (he did have a concealed weapons permit) and had a reputation as a neighborhood bully and vigilante who didn't like blacks. On the night of the shooting, Kelly called the sheriff's office saying that Madak had a gun and was threatening to flatten the whole neighborhood. A deputy came out, saw that Madak appeared to be intoxicated and told him to go back into his house. But after the deputy left, Madak and Kelly got into a fistfight that culminated in both of them shooting, with Madak firing at least 12 shots, including two that hit Kelly, and Kelly firing twice, hitting Madak once.

The outcome: Madak, who had also pointed his gun at two other people, was arrested on three counts and Kelly on one. Both were jailed about a month before the SAO concluded that both would make good witnesses and could successfully litigate self-defense claims.

Investigating agency: Pinellas County Sheriff

Case decision made by: Prosecutor

Trayvon Martin’s death became controversial because circumstances leading up to the shooting cast doubt on who was to blame. The Tampa Bay Times reviewed other “stand your ground” cases for similar circumstances. The Times relied on available information, some of which may not tell the whole story. When the situation was unclear, that was noted.

Yes No Unclear/
disputed

Did the victim initiate the confrontation?

Check

Was the victim armed?

Check

Was the victim committing a crime that led to the confrontation?

Check

Did the defendant pursue the victim?

Check

Could the defendant have retreated to avoid the conflict?

Check

Was the defendant on his or her property?

Check

Did someone witness the attack?

Check

Was there physical evidence?

Check

Source: Tampa Bay Times, June 3, 2012. Link to original source

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Case last updated: Aug. 10, 2013