The Herald Banner, Greenville, TX

December 7, 2012

Appeal denied in capital murder case

By BRAD KELLAR
Herald-Banner Staff

GREENVILLE — A Quinlan woman has lost the appeal of her conviction and life sentence on a charge of capital murder for a 2008 shooting death as part of a robbery.

The Sixth Court of Appeals in Texarkana Thursday denied the appeal of Tracie Danielle Alphin, who was found guilty in November of last year of shooting and killing Jason Herrington.

A jury in the 354th District Court took only about 30 minutes to find Alphin guilty of capital murder. As the prosecution was not seeking the death penalty in the case, Alphin was automatically sentenced to life in prison without the possibility of parole.

Alphin’s co-actor,  David Earl Hickman of Royse City, pleaded guilty to a lesser included charge of murder and received a life prison sentence. Hickman testified against Alphin during the trial.

The indictments filed against Alphin and Hickman allege Herrington, 34, was killed on Oct. 19, 2008 while the defendants were in the course of committing a robbery. Herrington’s body was discovered early on the morning of Nov. 25, 2008 along County Road 2276, off of Farm-To-Market Road 36.

Investigators were led to the scene by Hickman. Herrington died of multiple gunshot wounds.