Jury finds man not guilty of battery inside theater where religious movie was playing

One guilty verdict. One acquittal. Well, sort of.

Jurors on Thursday convicted one man in connection with a shooting in a residential community that occurred several years ago.

The next day, jurors said a man was innocent in a case involving a reported melee at an Ocala movie theater. But it also found him guilty of resisting arrest in that same incident.

Here's an account of what happened in court on those days:

State v. Jihad Kiran Elvy

About the case: In the summer of 2021, police officers said, Elvy shot and wounded a young man at an apartment complex located off Southwest 27th Avenue.

A K-9 officer found Elvy not far from the apartment complex. Elvy denied shooting the victim and told a detective he was visiting his girlfriend at the complex. He said he was smoking outside when he heard gunshots and ran.

Judge: Circuit Judge Anthony Tatti.

Lawyers: Assistant State Attorneys Sasha Kidney and Shanae Pickens, and defense attorney Jack Maro.

Charges: Aggravated battery with a firearm, possession of a firearm by a convicted felon and possession of a firearm with no serial number.

Trial: Proceedings began Sept. 27 and closing arguments from both sides were on Sept. 28.

Verdict: Guilty

Sentence: Elvy will be sentenced at a later date. He could face up to life in prison. He's also on probation for a gun offense.

State v. Armando Moreno

Trial: One-day trial on Sept. 29.

Judge: Circuit Judge Lisa Herndon.

Lawyers: Defense attorneys Ivonne Alecia Antonian and Mark O'Brien and Assistant State Attorneys Jorge Alberto Jaramillo Jr. and Marissa Meyer. Antonian and Jaramillo were the lead lawyers.

Charges: Battery, second offense on person 65 or older; battery, prior offense; and resisting an officer without violence.

About the case: Earlier this year, a husband, his wife and their daughter were watching a religious movie at the Epic Theatre in Ocala when Moreno began causing a disturbance. Patrons, including the family, told Moreno to keep quiet.

Moreno, according to a lawsuit later filed by the victims against the theater company, punched the husband in the face. Moreno tussled with the man and his daughter, who were attempting to prevent Moreno from leaving the building, since law enforcement officials had been called to the location, the lawsuit states.

The lawsuit is being handled by Morgan & Morgan. No one from the firm could be reached for comment as to the status of the suit. At trial, the family declined comment about the lawsuit to a Star-Banner reporter.

At trial: Antonian argued that Moreno was touched first and therefore defended himself. But Dean Kettner and his daughter Catie refuted that claim. They said Moreno attacked first.

The altercation started, the prosecutor said, because patrons in the movie theater repeatedly told Moreno to keep quiet and he refused. One woman reported the matter to a manager.

The manager came to the area, but left when he apparently did not hear any noise. Witnesses said Moreno, who was talking and laughing loudly on his phone, resumed disrupting the movie once the manager left.

Cathy Kettner went to get the manager again. When she left, her daughter, followed by her husband, went to where Moreno was sitting. That way, when Cathy Kettner returned with the manager, they could point out Moreno's location, according to testimony provided in court.

Jaramillo said Dean Kettner stood close to Moreno and Moreno lunged from his seat and punched the man in the face. The man's daughter intervened, which escalated the confrontation.

Dean Kettner, 68, a retired Minneapolis police officer, testified at trial. He said he told Moreno to shut up. He said he was punched by Moreno.

Kettner said the punch dazed him and knocked off his glasses. He said he held onto Moreno to steady himself and to prevent him from leaving the theater. Kettner said he received seven stiches to close a laceration on his face.

Asked by the defense why he went with his daughter, Kettner said because he wanted to protect her. He said he only raised his hands to protect himself from the oncoming blow.

The prosecution showed videos from a portion of the altercation inside the movie theater, and of Moreno with Ocala police officers. There were no videos showing how and when the altercation began, because no surveillance cameras were stationed inside the theater where the incident occurred.

When a police officer later interviewed Moreno, he said he was "attacked" and "thrown down the stairs." At one point, he said, he was severely injured with multiple broken bones, including a broken back, legs and arms.

Once officers finished with their investigation, Moreno was arrested and taken to the county jail. There, he refused to go into the facility because of his injuries, according to a video shown to the jury.

Closing arguments: Prosecutor Jaramillo said Moreno was "loud, boisterous and disruptive," even though patrons told him multiple times to be quiet. He said neither Dean Kettner nor his daughter "posed a threat to him," referring to Moreno.

He said the defense cannot have it both ways: On one hand, Jaramillo said, Moreno said he never punched the man. But on the other hand, Moreno argued that if he did punch the man, then he did so in self defense.

The prosecutor said Moreno was walking and moving fine until he was asked if he had any injuries.

Defense attorney Antonian said her client was defending himself because two people approached him in a dark movie theater. She admits that Moreno was rude and loud, but said Cathy Kettner was the only one who acted responsibly by going for a manager.

She said Kettner's husband and daughter decided to deal with the situation themselves and acted with what she called "a hero complex."

Antonian said Moreno didn't have any broken bones. But she also noted that his injuries may not have been visible, or the pain he was feeling could have come on later.

Verdict: Not guilty of the battery charges but guilty of resisting without violence.

Moreno was remanded to the county jail because, at the time of his arrest earlier this year, he was on probation for numerous offenses including grand theft, burglary and battery. State records show his probation ends in May 2025. He does have prior criminal convictions, according to court records.

At the courthouse: Ocala courthouse: Two deaths, two trials, two guilty verdicts

Lawyers before sentencing: Antonian said her client has violation of probations from Miami and therefore will be sent back to Miami to answer those charges, regardless of what's happening in Marion County. She asked the judge to sentence Moreno to time served and noted that he has been compliant at the jail.

Jaramillo gave the court Moreno's criminal history.

Sentence: The judge sentenced Moreno to 364 days in the county jail with 181 days of credit for time already served.

Contact Austin L. Miller at austin.miller@starbanner.com or @almillerosb

This article originally appeared on Ocala Star-Banner: Man cleared of battery charges after movie theater tussle