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September 27, 2013

Court denies appeal in 2011 murder case

GREENVILLE — A Greenville man has lost the appeal of his murder conviction in connection with the 2011 shooting death of another local resident.

During his trial, Tyrone Leorone McCurdy argued he acted in self-defense in the death of Treybbian Leeky Nelson, claiming there was disappearing handgun in the case.

The Sixth Court of Appeals in Texarkana Thursday affirmed McCurdy’s conviction, but the ruling from Chief Justice Josh R. Morriss III did throw out the ruling McCurdy owed $16,450 in attorney’s fees in the case.

McCurdy was convicted of murder in November 2012, following a four-day trial in the 196th District Court.

Following a punishment hearing, the jury deliberated for about three hours before returning with a 50-year prison sentence.

Due to his prior criminal history, McCurdy was considered a habitual offender and was facing a maximum punishment of from 25 to 99 years or life in prison.

McCurdy had pleaded not guilty. McCurdy’s attorney had argued McCurdy acted in self-defense, claiming Nelson had a weapon which was removed from the crime scene before officers arrived.

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.

McCurdy, Bernard Dale Kelly Jr. of Greenville and an unnamed juvenile were alleged to have “knowingly and intentionally” caused Nelson’s death by shooting him with a firearm; or in the alternative, to have caused Nelson’s death by shooting him or in his direction while having the intent to commit aggravated assault.

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