City of Greenville
10:49 am
Wed February 12, 2014

Man sentenced again for aggravated assault

A local man has been re-sentenced to prison on a charge of aggravated assault with a deadly weapon, in a situation which resulted in an appeals court overturning Bernard Dale Kelly Jr.’s original punishment and the recusal of the trial judge who originally heard the case.

Kelly pleaded guilty Tuesday to the aggravated assault charge and under a plea agreement was sentenced to five years in the Texas Department of Criminal Justice-Institutional Division, during a hearing in the 196th District Court before visiting Judge B. Michael Chitty of the 422nd District Court in Kaufman County. Kelly also received credit for time already served.

Last month, Administrative Judge Mary Murphy recused 196th District Judge Steve Tittle from the case, after the Sixth Court of Appeals in Texarkana ordered a new punishment hearing for Kelly.

“We certainly believed this was the proper resolution based on the nature of the defendant’s involvement with the case and his cooperation with the State in obtaining a 50 year sentence following the jury trial of the shooter,” noted Hunt County District Attorney Noble D. Walker Jr. “Additionally, the mother of the victim actively sought this resolution.”

Kelly was convicted of aggravated assault on Dec. 5, 2012 in connection with the 2011 murder of Treybbian Leeky Nelson. Kelly, who had originally been indicted for murder, cooperated with the state and testified against Tyron Learone McCurdy in return for a five year sentence. McCurdy was convicted on one count of murder and sentenced to 50 years in prison.

According to the opinion issued by the appeals court, the prosecution argued Kelly was less culpable than McCurdy, had cooperated with the prosecution of McCurdy, and had provided testimony which proved critical in securing McCurdy’s conviction.

“The trial court, though, rejected the plea bargain noting that McCurdy received a fifty-year sentence. The State, with the consent of the defense, attempted to amend the indictment to aggravated assault or proceed on a refiled indictment, but the trial court refused.”

Both Hunt County Assistant District Attorney Lauren Hudgeons and Kelly’s defense attorney attempted to change Kelly’s election so the jury could assess punishment, but Tittle refused, dismissed the jury, and sentenced Kelly to 12 years in prison.

Following Tuesday’s sentencing hearing, Walker credited Hudgeons for her efforts, noting she “did an outstanding job representing the State during both this trial and the previous trial against Tyrone McCurdy. Additionally, Officer Felicia White, as well as the Greenville Police Department, worked very hard investigating this case.”

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. - See more at: http://www.heraldbanner.com/topnews/x1783666239/Man-sentenced-again-for-aggravated-assault#sthash.a3FaI1x8.dpuf

A local man has been re-sentenced to prison on a charge of aggravated assault with a deadly weapon, in a situation which resulted in an appeals court overturning Bernard Dale Kelly Jr.’s original punishment and the recusal of the trial judge who originally heard the case.

Kelly pleaded guilty Tuesday to the aggravated assault charge and under a plea agreement was sentenced to five years in the Texas Department of Criminal Justice-Institutional Division, during a hearing in the 196th District Court before visiting Judge B. Michael Chitty of the 422nd District Court in Kaufman County. Kelly also received credit for time already served.

Last month, Administrative Judge Mary Murphy recused 196th District Judge Steve Tittle from the case, after the Sixth Court of Appeals in Texarkana ordered a new punishment hearing for Kelly.

“We certainly believed this was the proper resolution based on the nature of the defendant’s involvement with the case and his cooperation with the State in obtaining a 50 year sentence following the jury trial of the shooter,” noted Hunt County District Attorney Noble D. Walker Jr. “Additionally, the mother of the victim actively sought this resolution.”

Kelly was convicted of aggravated assault on Dec. 5, 2012 in connection with the 2011 murder of Treybbian Leeky Nelson. Kelly, who had originally been indicted for murder, cooperated with the state and testified against Tyron Learone McCurdy in return for a five year sentence. McCurdy was convicted on one count of murder and sentenced to 50 years in prison.

According to the opinion issued by the appeals court, the prosecution argued Kelly was less culpable than McCurdy, had cooperated with the prosecution of McCurdy, and had provided testimony which proved critical in securing McCurdy’s conviction.

“The trial court, though, rejected the plea bargain noting that McCurdy received a fifty-year sentence. The State, with the consent of the defense, attempted to amend the indictment to aggravated assault or proceed on a refiled indictment, but the trial court refused.”

Both Hunt County Assistant District Attorney Lauren Hudgeons and Kelly’s defense attorney attempted to change Kelly’s election so the jury could assess punishment, but Tittle refused, dismissed the jury, and sentenced Kelly to 12 years in prison.

Following Tuesday’s sentencing hearing, Walker credited Hudgeons for her efforts, noting she “did an outstanding job representing the State during both this trial and the previous trial against Tyrone McCurdy. Additionally, Officer Felicia White, as well as the Greenville Police Department, worked very hard investigating this case.”

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.

A local man has been re-sentenced to prison on a charge of aggravated assault with a deadly weapon, in a situation which resulted in an appeals court overturning Bernard Dale Kelly Jr.’s original punishment and the recusal of the trial judge who originally heard the case.

Kelly pleaded guilty Tuesday to the aggravated assault charge and under a plea agreement was sentenced to five years in the Texas Department of Criminal Justice-Institutional Division, during a hearing in the 196th District Court before visiting Judge B. Michael Chitty of the 422nd District Court in Kaufman County. Kelly also received credit for time already served.

Last month, Administrative Judge Mary Murphy recused 196th District Judge Steve Tittle from the case, after the Sixth Court of Appeals in Texarkana ordered a new punishment hearing for Kelly.

“We certainly believed this was the proper resolution based on the nature of the defendant’s involvement with the case and his cooperation with the State in obtaining a 50 year sentence following the jury trial of the shooter,” noted Hunt County District Attorney Noble D. Walker Jr. “Additionally, the mother of the victim actively sought this resolution.”

Kelly was convicted of aggravated assault on Dec. 5, 2012 in connection with the 2011 murder of Treybbian Leeky Nelson. Kelly, who had originally been indicted for murder, cooperated with the state and testified against Tyron Learone McCurdy in return for a five year sentence. McCurdy was convicted on one count of murder and sentenced to 50 years in prison.

According to the opinion issued by the appeals court, the prosecution argued Kelly was less culpable than McCurdy, had cooperated with the prosecution of McCurdy, and had provided testimony which proved critical in securing McCurdy’s conviction.

“The trial court, though, rejected the plea bargain noting that McCurdy received a fifty-year sentence. The State, with the consent of the defense, attempted to amend the indictment to aggravated assault or proceed on a refiled indictment, but the trial court refused.”

Both Hunt County Assistant District Attorney Lauren Hudgeons and Kelly’s defense attorney attempted to change Kelly’s election so the jury could assess punishment, but Tittle refused, dismissed the jury, and sentenced Kelly to 12 years in prison.

Following Tuesday’s sentencing hearing, Walker credited Hudgeons for her efforts, noting she “did an outstanding job representing the State during both this trial and the previous trial against Tyrone McCurdy. Additionally, Officer Felicia White, as well as the Greenville Police Department, worked very hard investigating this case.”

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. - See more at: http://www.heraldbanner.com/topnews/x1783666239/Man-sentenced-again-for-aggravated-assault#sthash.a3FaI1x8.dpufA local man has been re-sentenced to prison on a charge of aggravated assault with a deadly weapon, in a situation which resulted in an appeals court overturning Bernard Dale Kelly Jr.’s original punishment and the recusal of the trial judge who originally heard the case.

Kelly pleaded guilty Tuesday to the aggravated assault charge and under a plea agreement was sentenced to five years in the Texas Department of Criminal Justice-Institutional Division, during a hearing in the 196th District Court before visiting Judge B. Michael Chitty of the 422nd District Court in Kaufman County. Kelly also received credit for time already served.

Last month, Administrative Judge Mary Murphy recused 196th District Judge Steve Tittle from the case, after the Sixth Court of Appeals in Texarkana ordered a new punishment hearing for Kelly.

“We certainly believed this was the proper resolution based on the nature of the defendant’s involvement with the case and his cooperation with the State in obtaining a 50 year sentence following the jury trial of the shooter,” noted Hunt County District Attorney Noble D. Walker Jr. “Additionally, the mother of the victim actively sought this resolution.”

Kelly was convicted of aggravated assault on Dec. 5, 2012 in connection with the 2011 murder of Treybbian Leeky Nelson. Kelly, who had originally been indicted for murder, cooperated with the state and testified against Tyron Learone McCurdy in return for a five year sentence. McCurdy was convicted on one count of murder and sentenced to 50 years in prison.

According to the opinion issued by the appeals court, the prosecution argued Kelly was less culpable than McCurdy, had cooperated with the prosecution of McCurdy, and had provided testimony which proved critical in securing McCurdy’s conviction.

“The trial court, though, rejected the plea bargain noting that McCurdy received a fifty-year sentence. The State, with the consent of the defense, attempted to amend the indictment to aggravated assault or proceed on a refiled indictment, but the trial court refused.”

Both Hunt County Assistant District Attorney Lauren Hudgeons and Kelly’s defense attorney attempted to change Kelly’s election so the jury could assess punishment, but Tittle refused, dismissed the jury, and sentenced Kelly to 12 years in prison.

Following Tuesday’s sentencing hearing, Walker credited Hudgeons for her efforts, noting she “did an outstanding job representing the State during both this trial and the previous trial against Tyrone McCurdy. Additionally, Officer Felicia White, as well as the Greenville Police Department, worked very hard investigating this case.”

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. - See more at: http://www.heraldbanner.com/topnews/x1783666239/Man-sentenced-again-for-aggravated-assault#sthash.a3FaI1x8.dpuf

A local man has been re-sentenced to prison on a charge of aggravated assault with a deadly weapon, in a situation which resulted in an appeals court overturning Bernard Dale Kelly Jr.’s original punishment and the recusal of the trial judge who originally heard the case.

Kelly pleaded guilty Tuesday to the aggravated assault charge and under a plea agreement was sentenced to five years in the Texas Department of Criminal Justice-Institutional Division, during a hearing in the 196th District Court before visiting Judge B. Michael Chitty of the 422nd District Court in Kaufman County. Kelly also received credit for time already served.

Last month, Administrative Judge Mary Murphy recused 196th District Judge Steve Tittle from the case, after the Sixth Court of Appeals in Texarkana ordered a new punishment hearing for Kelly.

“We certainly believed this was the proper resolution based on the nature of the defendant’s involvement with the case and his cooperation with the State in obtaining a 50 year sentence following the jury trial of the shooter,” noted Hunt County District Attorney Noble D. Walker Jr. “Additionally, the mother of the victim actively sought this resolution.”

Kelly was convicted of aggravated assault on Dec. 5, 2012 in connection with the 2011 murder of Treybbian Leeky Nelson. Kelly, who had originally been indicted for murder, cooperated with the state and testified against Tyron Learone McCurdy in return for a five year sentence. McCurdy was convicted on one count of murder and sentenced to 50 years in prison.

According to the opinion issued by the appeals court, the prosecution argued Kelly was less culpable than McCurdy, had cooperated with the prosecution of McCurdy, and had provided testimony which proved critical in securing McCurdy’s conviction.

“The trial court, though, rejected the plea bargain noting that McCurdy received a fifty-year sentence. The State, with the consent of the defense, attempted to amend the indictment to aggravated assault or proceed on a refiled indictment, but the trial court refused.”

Both Hunt County Assistant District Attorney Lauren Hudgeons and Kelly’s defense attorney attempted to change Kelly’s election so the jury could assess punishment, but Tittle refused, dismissed the jury, and sentenced Kelly to 12 years in prison.

Following Tuesday’s sentencing hearing, Walker credited Hudgeons for her efforts, noting she “did an outstanding job representing the State during both this trial and the previous trial against Tyrone McCurdy. Additionally, Officer Felicia White, as well as the Greenville Police Department, worked very hard investigating this case.”

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. - See more at: http://www.heraldbanner.com/topnews/x1783666239/Man-sentenced-again-for-aggravated-assault#sthash.a3FaI1x8.dpuf