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November 14, 2012

McCurdy claims self-defense in Nelson shooting

GREENVILLE — The attorney for Tyrone Leorone McCurdy claims his client acted in self defense when he shot and killed Treybbian Leekey Nelson in February 2011.

“He was going to make sure his family was safe,” Royal Mullins told the jury in the 196th District Court Wednesday, during opening arguments in McCurdy’s trial on one count of murder.

Mullins said Nelson was carrying a pistol on the day he was killed, and alleged that the weapon and a backpack which Nelson was wearing at the time were removed from the location.

“The evidence will show his younger brother and his running buddy took evidence from the scene that would allow us to know what happened that day,” Mullins said.

McCurdy and Bernard Dale Kelly Jr. both of Greenville, have each pleaded not guilty to one count of murder in connection with Nelson’s death.

Kelly currently has trial scheduled in December.

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

The indictments allege McCurdy, Kelly and an unnamed juvenile “knowingly and intentionally” caused Nelson’s death by shooting him with a firearm, or in the alternative, caused Nelson’s death by shooting him or in his direction while having the intent to commit aggravated assault.

Mullins said McCurdy and Nelson had previously engaged in a fist fight and that Nelson had been bragging and taunting Nelson about being the victor.

“Trey wanted a reputation in the community as a badass,” Mullins said.

On the day of the shooting, McCurdy allegedly confronted Nelson outside of his parent’s home.

“At that point, Tyrone believed he was going to do something to his family,” Mullins said, adding McCurdy fired a warning shot at Nelson.

“And Trey kept coming at him,” Mullins said. “That’s when Trey came up from behind a car with a pistol.”

Mullins said although no gun connected to Nelson was ever found, video from the crime scene shows Nelson’s younger brother bending down and picking up something.

Mullins claimed when later questioned by police investigators, the younger brother said “a BB gun” may have been in the backpack Nelson was wearing and agreed to turn the gun and the backpack over.

“They never brought the backpack in and they never brought in the BB gun,” Mullins said.

Testimony is scheduled to continue in the trial today.

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