The Herald Banner, Greenville, TX

December 18, 2012

Kelly sentenced to prison in 2011 shooting death

By BRAD KELLAR
CNHI

GREENVILLE — A local man has been sentenced to prison after he was found guilty earlier this month of aggravated assault, rather than murder, in connection with the 2011 shooting death of a Greenville resident.

Bernard Kelly Jr., was convicted of the lesser included charge December 5 following a two day trial. Following a punishment hearing in the 196th District Court Monday morning, Kelly was sentenced to 12 years in the Texas Department of Criminal Justice-Institutional Division.

As a deadly weapon was found to have been used during the commission of the offense, Kelly will half to spend at least half of the sentence, or six years, in custody before he can be considered eligible for parole.

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.

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.

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.

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.