A Hunt County jury found a man guilty of aggravated assault Wednesday rather than murder.
Sentencing is set later this month for Bernard Kelley Jr., who was convicted of the lesser included charge while on a two-day trial in the 196th District Court.
Kelley and Tyrone Leorone McCurdy, both of Greenville, had each received one indictment for murder involving the February 2011 death of Treybbian Leekey Nelson. Kelley had pleaded not guilty.
Prosecutors had filed a separate aggravated assault with a deadly weapon charge against Kelley last week. 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 new mitigating evidence which was recently revealed and Kelly’s cooperation and testimony in the trial of McCurdy. McCurdy was convicted by a jury in the court last month of one count of murder and was sentenced to 50 years in prison.
Following the jury’s verdict, Judge Steve Tittle ordered a pre-sentence investigation and scheduled a punishment hearing for December 11. Aggravated assault carries a maximum sentence of up to 20 years in prison and an optional fine of up to $10,000.