"You can't just go around assaulting people because you don't like them."

Gary Harner read a written statement and made some remarks before Kody Marcelli's sentencing.



"You can't just go around assaulting people because you don't like them," said Harner. "I think you are making a mistake by not giving him some incarceration." Harner requested a minimum of three months.

Harner said Marcelli needed some time to reflect on his actions, "instead of just letting a couple of years go by and everything softens."

Harner said Marcelli was not personally affected.

Harner's written statement provided to the Court:

"My name is Gary Harner and am the victim in this case. My life has been seriously affected by this case. Physically I was in the hospital for three days with brain damage because my brain had shifted as result of the attack. My doctor related that I had extreme bleeding and if I would have waited another day to come in I would have been dead. Then we would be talking homicide not assault. As it is my life has been changed, my memory and recall has been permanently damages as a result of Kody Marcelli's actions. I have suffered headaches and depression because of his actions."

"Emotionally it has put a strain on my relationships. My wife has been afraid to walk the neighborhood as well. This incident has had life alternating changes for both of us. The stress and lack of feeling safe in the community we live in and the feeling of injustice has amplified it. It has also been amplified by Kody's social media Instagram in which he posted a picture of himself boasting, about 6 months ago that, "this is the shirt I was wearing when I gave a guy brain damaged? Does that sound like someone who has any level of remorse. His Instagram name is bullet proof Kody. He thinks he is above the law in my opinion."

"I do not agree with the plea deal. I feel he needs to spend time in jail at least for his actions to have consequences. I feel at least anger management. The current deal has little if any penalty. On a comparitive level what he has to do and what I have been through is night and day. I do not see justice in it. What happens to the next unsuspecting victim in our community because of Marcelli's inability to keep his anger in check? Will the next time be a homicide!"

There were several family members and friends in court to support Harner in court this morning.

In contrast, Marcelli had one person, besides his attorney who is paid to represent him.

As Judge Kaleb Cockrum stated his final decision, two of Harner's family members walked out of the courtroom. One of them said, "Two years, one strike."

Harner's family and friends sat in court silently today, except for that one statement.

Marcelli's father and mother were there for some hearings, for others it was his mother more than his father. There have been certain family members like his aunt who havent attended a single hearing but have a lot of opinions about the case.

The disrespectful behavior of the Marcelli's continued in the courtroom today as a family member shook her head as the victim Gary Harner was speaking.

This morning Marcelli entered his second plea. He was on probation for his first case and violated probation with this assault case. Both his DUI case and assault case incidents occurred in 2017.

On January 23, 2018, Marcelli entered a plea in his first 2017 case.  He pleaded guilty to one DUI count. Another DUI count and a charge of carrying a loaded firearm in public was dismissed. His firearms were returned to him.

Marcelli received three years probation with five days in jail in the DUI case. Marcelli got credit for two days. He had a future date to serve the three days in jail or sign up for SWAP. In that case, he was represented by Mr. Greg Rael.

There has been regular coverage and if you have not been following the case, there are links below which have more details and court documents. You need to read those links snd coverage to get the full impact of Kody Marcelli and his family's behavior in and outside the courtroom.

Accepting a plea deal is not Marcelli accepting responsibility or learning his lesson. Only his attorney and his family think he is not a danger to the community.

Recent posts:

"Mr. Marcelli your behavior in the case and after this case is unacceptable." 
https://johnchiv.blogspot.com/2019/05/kody-marcelli-avoids-jail-time-again-if.html?m=1

https://johnchiv.blogspot.com/2019/05/last-minute-plea-deal-offer-in-kody.html?m=1#more