Burglary charges stem from break-in

A Dec. 10 incident at the Zenith Apartments has resulted in felony charges against two Ely men.
Court documents say that two counts of first-degree burglary have been filed against Ashton Swanson, 23, and Justin McNulty, 24.
Both were also charged with fifth-degree misdemeanor assault in connection with an early-morning incident inside an apartment at the Camp Street complex.
According to a criminal complaint filed by the Ely Police Department, officers were dispatched to a Zenith apartment shortly after midnight.
Upon arrival, police found broken glass suggesting a window was broken from the outside, and a male occupant on his hands and knees.
The male was found with multiple scratches on his back, multiple bruises on his face and a bloody mouth, and told police he was attacked by both Swanson and McNulty.
In a statement to police, the alleged victim said he woke up to someone shaking his foot and observed both Swanson and McNulty in his apartment.
Swanson and McNulty were told to leave, but the alleged victim later said he heard pounding on the door, and that Swanson soon came in through the window and unlocked the door.
The alleged victim said he was tackled to the ground by Swanson, and that he tried to fight back, but McNulty tried to get him off Swanson and later attempted to throw one punch.
Police later located both McNulty and Swanson and placed them under arrest.
Both were questioned separately by police and, according to the report, both admitted to being at the apartment.
McNulty told police they were at the apartment to discuss alleged threats made by the alleged victim. He said they returned 45 minutes after leaving and that Swanson broke the apartment window with his head and attacked the alleged victim.
According to police, Swanson acknowledged “hanging out” at the alleged victim’s residence and said he got into “a little tussle.”
The first-degree burglary charges both carry maximum prison sentences of 20 years and a $35,000 fine, while the misdemeanor assault count is punishable by 90 days in jail.