The Herald Banner, Greenville, TX

December 6, 2012

Kelly found guilty of lesser charge in Nelson murder

By BRAD KELLAR
Herald-Banner Staff

GREENVILLE — A Hunt County jury found a local man guilty Wednesday of aggravated assault, rather than murder, in connection with the 2011 shooting death of a Greenville resident.

Sentencing is set later this month for Bernard Kelly Jr., who was convicted of the lesser included charge following a two day trial in the 196th District Court.

Kelly. 24, and Tyron Learone McCurdy, both of Greenville, had each received one indictment for murder involving the death of Treybbian Leeky Nelson. Kelly had pleaded not guilty.

Prosecutors had filed a separate aggravated assault with a deadly weapon charge against Kelly last week.

In a motion filed with the court, District Attorney Noble D. Walker Jr. said his office was seeking the conviction on the lesser charge due to new mitigating evidence which was recently revealed and “defendant’s cooperation and truthful testimony in the trial of Tyrone McCurdy, the individual who killed the victim.”

McCurdy was convicted by a jury in the court last month of one count of murder and was sentenced to 50 years in prison.

Following the jury’s verdict, Judge Steve Tittle ordered a presentence investigation and scheduled a punishment hearing for December 17.

Aggravated assault is a second degree felony, punishable upon conviction by a maximum sentence of from two to 20 years to life in prison and an optional fine of up to $10,000.

Officers with the Greenville Police Department responded to a call of shots fired in the 1000 block of Edgar Street on the afternoon of February 8, 2011 where they found Nelson had been shot.