The Herald Banner, Greenville, TX

Local News

August 19, 2013

Kelly returning for hearing in appeal

GREENVILLE — A state appeals court has ordered the 196th District Court to conduct a hearing this week in the case of a local man, who was found guilty of aggravated assault, rather than murder, in connection with the 2011 shooting death of a Greenville resident.

The Sixth Court of Appeals, in a ruling issued earlier this month, agreed with the attorney for Bernard Dale Kelly Jr., in that there are questions over the status of hearings which had been conducted in Kelly’s case.

“The state of the record is confused,” according to the August 7 ruling.

Kelly was convicted of the lesser included charge on Dec. 5, 2012 following a two day trial. Following a punishment hearing in the 196th District Court on Dec. 17, 2012, 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.

But the appeals court indicated that it had joined Kelly’s attorney in attempting to determine if there were any other hearings in the case and to obtain records from the hearings.

“This Court has been involved for some time in communication with the court reporter ... in attempting to clarify matters and obtain records from the hearings,” said the ruling.

The appeals court has since returned the case back to the 196th District Court to conduct an evidentiary hearing in the matter. Kelly has been ordered returned to the Hunt County Jail in order to attend the hearing, which as of Friday afternoon was scheduled in the court Wednesday.

Kelly 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 mitigating evidence 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 In November 2012 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.

1
Text Only
Local News
  • Unemployment March 2014.jpg Jobless numbers take big dip

    Hundreds of people found jobs locally last month, as Hunt County’s unemployment statistics fell to a six-year low.

    April 19, 2014 1 Photo

  • GCS flying high

    Greenville Christian School teachers found an entertaining way to learn about physics.

    April 19, 2014

  • Easter Bunny stock photo.jpg Following one busy Easter Bunny

    Easter egg hunts are scheduled in several locations across the area today and Sunday.

    April 19, 2014 1 Photo

  • Three GISD teams advance to Global Finals

    After winning honors for creativity, teamwork and problem-solving in local, state and regional tournaments, three Greenville ISD teams have earned the right to travel to Destination Imagination’s Global Finals, the largest creative thinking and problem-solving competition in the world, May 21-24 in Knoxville, Tenn.

    April 18, 2014

  • Vaderrobot.jpg Dallas champions, Robowranglers look forward

    Practicing with the best hones skills and keeps members of Greenville High School Robowranglers on point, according to Director of Robotics Adrienne Emerson.
    The Robowranglers are preparing their robot “Vader” for the FIRST World Championships in St. Louis on April 23-26.

    April 18, 2014 1 Photo

  • Texas drougnt as of 4-17-2014.jpg Wet Easter Sunday possible

    It may be a wet Easter holiday in North Texas, as thunderstorms are again in the forecast for the weekend.

    April 17, 2014 1 Photo

  • Sheriff's Office Wanted fugitive captured in Ellis County

    April 17, 2014 1 Photo

  • Band1.jpg Roaring with pride

    The Greenville High School Lion Pride Band performs well under pressure, according to GHS band director Joel Weisburg

    April 17, 2014 1 Photo

  • Royce Tawater.jpg Shooting suspect changes mind on guilty pleas

    On second thought, a local man will leave it up to a jury to decide whether he is guilty of multiple charges in connection with two shootings in Greenville last summer.

    April 17, 2014 1 Photo

  • Easter Eggstravaganza stork photo.jpg A hunting we will go

    There will be lots of brightly colored eggs hidden in the grasses across Hunt County this weekend, and plenty of opportunities for children to find them.

    April 17, 2014 1 Photo

Featured Ads
Photos


See more photos and purchase prints here.

Poll

What's your favorite spring high school sport?

Swimming and diving
Wrestling
Basketball
Soccer
Tennis
Golf
Track and Field
Softball
Baseball
     View Results
Facebook
AP Video
Captain of Sunken SKorean Ferry Arrested Raw: Fire Destroys 3 N.J. Beachfront Homes Raw: Pope Presides Over Good Friday Mass Raw: Space X Launches to Space Station Superheroes Descend on Capitol Mall Man Charged in Kansas City Highway Shootings Obama Awards Navy Football Trophy Anti-semitic Leaflets Posted in Eastern Ukraine Raw: Magnitude-7.2 Earthquake Shakes Mexico City Ceremony at MIT Remembers One of Boston's Finest Raw: Students Hurt in Colo. School Bus Crash Raw: Church Tries for Record With Chalk Jesus Raw: Faithful Celebrate Good Friday Worldwide Deadly Avalanche Sweeps Slopes of Mount Everest Police Arrest Suspect in Highway Shootings Drought Concerns May Hurt Lake Tourism Vermont Goat Meat Gives Refugees Taste of Home Calif. Investigators Re-construct Fatal Bus Cras Mayor Rob Ford Launches Re-election Campaign Appellate Court Hears Okla. Gay Marriage Case
Must Read
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Reader's Choice