Not guilty plea in stun gun incident at Jets opener

Leroy McKelvey, 59, leaves Bergen County Court in Leroy McKelvey, 59, leaves Bergen County Court in Hackensack, N.J., after pleading not guilty in connection to charges he used a stun gun in a fight with other fans during the Jets' home game against the Dallas Cowboys on Sept. 11, 2011. (Jan. 30, 2012) Photo Credit: AP

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HACKENSACK, N.J. - The man charged with using a stun gun in a fight with other spectators during the Jets' Sept. 11 home game against the Dallas Cowboys pleaded not guilty at his arraignment in Bergen County Superior Court here Monday.

Leroy McKelvey of Moncks Corner, S.C., who turned 60 on Monday, was ordered by Judge James Guida to return to court on March 5, with a May 14 plea cutoff date. McKelvey's $22,500 bail was continued.

Prosecutors "have a plea offer that requires jail time" -- 3 years in state prison -- "but that's something we don't think is ultimately appropriate," McKelvey's Newark-based attorney, Raymond Hamlin, said. "We think that the case should be resolved favorably."

McKelvey, who appeared in court in a three-piece black suit and walking with a cane, is charged with three counts of third-degree aggravated assault and two counts of fourth-degree weapons possession. Hamlin declined to allow McKelvey to comment publicly Monday.

On Sept. 11, the 10th anniversary of the terrorist attacks, McKelvey somehow managed to bring a stun gun into MetLife Stadium, and before kickoff, became involved in an upper-deck confrontation with other fans. McKelvey reportedly was wearing Cowboys garb, allegedly didn't stand for the playing of the national anthem and spoke loudly during the playing of "Taps" and "Amazing Grace."

Witnesses at the time said a Marine blocked McKelvey's route to the bathroom at halftime, and McKelvey's reacted by using the stun gun on three people. After his arrest, McKelvey told the Daily News that he was "just doing what I had to do to protect myself."

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