Several Witnesses Take The Stand - KTRE.com | Lufkin and Nacogdoches, Texas

08/02/06 - Nacogdoches

Several Witnesses Take The Stand

by Jessica Cervantez

Marcia Kelly is accused of being involved in the murder of her husband James.  He was shot in the head while he was sleeping in his Cushing home last October. 

Tuesday morning, family and friends of James Kelly wore ribbons on their shirts in his memory. Several families members showed tears as they were told to take them off while in the courtroom. Judge Ed Klein told them he was just following the law. He didn't want the case to be overturned or thrown out because of the ribbons, something that has happened in past cases.

In opening statements, the prosecutor told jury members they would find out that Marcia Kelly hired her daughter, her daughter's boyfriend and others to kill her husband. In return, she promised them money, vehicles, and jet skis.

Defense Attorney Tim James told them they would find out the kids were into drugs and alcohol, but Marcia Kelly never had any type of conversation with them about killing her husband.

The first witness was David Bone, the victim's step-father. He was the first to find James Kelly dead in October 2005. He said at 6:30 that morning, Marcia Kelly had called him, to wake James up, since their homes were on the same property. Mr. Bone called her back and said he tried, but couldn't get James up. He says Marcia insisted that he try again. That is when Mr. Bone told the court he lifted up the sheets and discovered his step-son dead and called 911.

The victim's brother, Pat Kelly also testified. He also lives on the same property and said Marcia and James were constantly arguing.

The third witness was a family friend, Kevin Dill. He drove Marcia to her home in Cushing that day. He said Marcia was at work in Lufkin when Mr. Bone notified her that something terrible had happened to her husband. Dill says Marcia called him hysterically and met him in Nacogdoches, so Kevin could drive her to Cushing. Dill said she was noticeably upset until she reached County Road 204 near Cushing where she then turned calm. He said he found that strange.

But, what he and the victim's brother found even more strange was her concern about feeding the dogs, when she arrived at the home.

Defense Attorney Tim James says Marcia Kelly was simply in a state of shock at the time.

Wednesday jurors are expected to hear a four-hour long taped conversation between an investigator on Marcia Kelly.

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