Teenager jailed after fatal 'martial arts-style' kick to man's head
Jake Kenny
17:03, Oct 17 2023
PETER MEECHAM/STUFF
A man has died after he was allegedly assaulted in the heart of Christchurch. (Video first published on October 18, 2022)
A teenager who delivered a fatal “martial arts-style” kick to his 61-year-old victim’s head and celebrated it after has been granted leave to apply for home detention.
Anthony Michael Kelly, 61, known as Tony, was rushed to hospital and later died after he was assaulted on Cashel St in Christchurch about 6.20pm on October 18 last year.
Mark Nagel, 19, was sentenced to two years imprisonment by Justice Rachel Dunningham at the Christchurch High Court on Friday after earlier pleading guilty to a charge of manslaughter.
She granted him leave to apply for a home detention sentence.
The victim’s son, Ryan Kelly, 22, stared at Nagel as his victim impact statement was read to the court. He stormed out as the judge granted Nagel leave to apply for home detention.
“At the age of 18 you were going around attacking people... At 21 I was sitting at my dad’s bedside for 10 days before his life support was turned off,” his statement said.
The son spoke of hearing his father utter his last breath, and not knowing if his dad could hear his last words to him.
“I’ll never be able to do the things you do with your dad, like have a pint with him at the pub... Most importantly, I'll never be able to give him a hug and tell him I love him. These memories are what make life worth living.”
In his statement, Tony’s brother John Kelly spoke of the heart-wrenching moment the family turned his life support off while many of them dialled in from Ireland to say their goodbyes.
“The hardest thing we've ever had to do... We feel for your parents because they have to live knowing what their son is capable of. What you did will be with you for the rest of your life, you will never escape it.”
Mark Nagel, 19, was sentenced to two years imprisonment with leave to apply for home detention at the Christchurch High Court on Tuesday.
Kelly’s former wife Geraldine Clarke had been unable to reconcile her friendship with him after their marriage ended, her statement said. She would now never have that opportunity.
“All because you wanted to be the hero in front of your peers... he died thinking I hated him.”
Crown prosecutor Mitchell McClenaghan described the footage and sound of Kelly’s head hitting the pavement after the attack as “utterly chilling”.
He submitted that a sentence of imprisonment was the only appropriate outcome.
In response, Nagel’s lawyer Trudi Aickin began by extending her condolences to Kelly’s family, and added that her client was truly sorry for what had occurred.
“He is focussed on changing himself”.
In sentencing Nagel, Justice Dunningham granted him discounts for his guilty plea, youth, personal factors and his remorse and rehabilitation prospects.
The judge told him: “You’ve got choices, that’s not something your victim has, that’s something you’ve taken away from him... Do something worthwhile in your life.”
Anthony (Tony) Kelly died after he was kicked in the head, then his head hit the pavement, on Cashel St, Christchurch.
The offending
Nagel and his victim did not know each other. Nagel believed Kelly was taking photographs of him and his associates, but to date there has been no evidence to support this, according to the summary of facts.
On the evening of the attack, Kelly was at the central Christchurch bus interchange before security staff asked him to leave. He walked to Cashel Mall, with Nagel and his associates following.
The group approached Kelly, who tried to walk away. One of Nagel’s associates walked right up to him, and Kelly threw a punch in defence. The associate re-approached Kelly, adopted a fight stance and kicked him in the shin.
Nagel walked through the group and approached Kelly, who was still facing the other associate. Nagel got close and kicked his head with his right foot using a martial arts-style kick.
Kelly immediately lost consciousness and fell to the ground, his head hitting the pavement.
Nagel and the other associate who assaulted Kelly went back to the bus exchange and left on different buses. They high-fived each other as they fled.
Members of the public did CPR on Kelly until emergency services arrived. In Christchurch Hospital, he was placed in an induced coma. He succumbed to his injuries and died on October 28, at 11.04am.
After Nagel’s sentencing, the Kelly family issued a statement noting it was “almost a year to the day on which Tony was callously attacked, and subsequently lost his life”.
“We remember Tony, a loved father, brother and brother-in-law, uncle... loved and respected by all whom he met and interacted with.”
His Irish charm touched many a life and he would be fondly remembered by the executive and members of the Christchurch folk club community, the statement said.
“He gave generously of his time, every week without fail, Tony was there helping, for the love of music and this was one of Tony’s happy places.
“The folk club had rekindled his love of music, he was quietly working away playing the guitar.”
Just before death, Kelly was involved with another of his loves and passions – gardening and landscaping, the statement said. He had joined compatriots to help create a memorial garden to celebrate the 75th anniversary of the Christchurch Irish Society.
“He left us that day with a real sense of purpose seeing the formation of the garden, looking forward to completing the task and making more new connections.
“The Irish community in Christchurch and Wellington will both miss him.
“Replacing a friend like Tony who volunteered his time for others in the community is a massive task.”
Kelly was sorely missed, but Christchurch had a living memorial that he formed with his own hands, the statement said.
“Tony was not a man you met every day... having the craic with Tony is one thing that is sorely missed.”