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December 4, 2012

Kelly murder trial starting today

GREENVILLE — Trial is starting today for the second of two local men, indicted on murder charges in connection with the 2011 shooting death of a Greenville resident.

Opening arguments and the start of testimony are scheduled this morning in the 196th District Court in the trial of Bernard Kelly Jr.

Kelly and Tyron Learone McCurdy, both of Greenville, each received one indictment for murder in connection with the death of Treybbian Leeky Nelson. Kelly has pleaded not guilty. Prosecutors filed a separate aggravated assault with a deadly weapon charge against Kelly last week.

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.

McCurdy, Kelly and an unnamed juvenile were alleged in the murder indictments 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.

Murder is a first degree felony, punishable upon conviction by a maximum sentence of from five to 99 years to life in prison and an optional fine of up to $10,000.

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.

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