With several bailiffs hovering over him in the courtroom, Fresno businessman Kelly Duley was sentenced Friday to 38 years to life in prison for smashing a cocktail glass in model Sarah Fisher’s face in July 2013, seriously injuring her.
Duley had three pending criminal cases, but the other two were dropped Friday after his sentencing for injuring Fisher. This was his third strike under the Three Strikes and You’re Out law.
A day before the sentencing, Judge Timothy Kams stopped court proceedings after Duley went on a rant, comparing the judge to Bruce Willis, asking him to order “the little kid with glasses” to get him his pills for anxiety, and cursing at people in the courtroom.
Medical staff evaluated Duley, the judge said, and Duley returned to court Friday. In the past, Duley, who represented himself, has disrupted several court proceedings, fired two attorneys and filed unsuccessful motions to disqualify Kams and prosecutor Andrew Janz.
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Duley also has felony convictions in 1991 for assault with a deadly weapon; in 1994 for negligently discharging a firearm at a party; and in 2001 for conspiracy to possess a controlled substance with the intent to manufacture methamphetamine.
Similar to Thursday’s proceedings, Duley began to speak, but Kams stopped him. “I don’t think there’s an issue with your mental health other than you don’t want to be sentenced,” Kams said.
Janz said he believed Duley was trying to stall court proceedings by requesting a motion for continuance, which was denied.
Janz said the sentencing was relevant, especially with the #MeToo movement that is pushing back against violence and sexual misconduct against women. “Let Kelly Duley’s conviction stand as a reminder that sexual assault or harassment will not be tolerated and predators will be prosecuted to the fullest extent of the law,” Janz said.
Duley, 46, was found guilty in March of smashing a cocktail glass into Fisher’s face July 17, 2013 in the now-closed Score Sports Cafe and Lounge in the Tower District.
Fisher said during the testimony that Duley, a man she had never met before, grabbed her around her waist and pulled her toward him at the bar that night. “You can pay your bar tab here,” Duley said, according to Fisher.
When Duley didn’t let her go, she slapped him. Fisher said she then went to the patio and told the bouncers she wanted Duley thrown out.
When Fisher saw Duley again later, he mockingly thanked her for for slapping him, she testified. When he lunged at her, she ducked down and punched him in the jaw. He threw his drink in her face, then suddenly smashed the cocktail glass on her, she said.
During the trial, defense attorney Glen Neal asked Fisher if she was flirting with Duley that night. She said no. “Why didn’t you leave?” he asked. “You were near the door.”
Before his trouble with the law, Duley was the owner of Duley’s Quality Painting. A year ago, he won the St. Jude Dream Home.
Duley’s fiancée, Andrea “Andy” Salazar, said Duley is mentally ill and a victim of the criminal justice system. “He’s bipolar and suffers from hallucinations,” Salazar said. “He takes a cocktail of pills prescribed by a psychiatrist.”
Fisher said the 29 stitches she got to her face and chest was damaging to her modeling career and self -esteem.
Fisher requested the maximum sentence for Duley. “I’ve had my mental health, character and appearance torn apart during the court process,” she said. “Going from a strong, confident, fun, outgoing woman to being this shell of a person constantly looking over my shoulder was awful.”
After the sentencing, Fisher said she was glad Duley’s sentencing had finally come. “It’s been a long five years,” she said. “He pulled everything he possibly could. He was out living his life while I was terrified I was going to run into him. I’m grateful now that I’m safe and that my family is safe.”