Day Two of a Murder for Hire Trial - KTRE.com | Lufkin and Nacogdoches, Texas

08/03/06 - Nacogdoches

Day Two of a Murder for Hire Trial

by Jessica Cervantez

A medical examiner, the first deputy on the scene, and other witnesses took the stand in a Nacogdoches courtroom.

Marcia Kelly is accused of being connected to the murder of her husband James Kelly last October.  Marcia Kelly walked in and out of court wearing a purple suit, with her hair pulled back.

On day two of the trial, there weren't nearly as many family members and friends in the courtroom. A medical examiner took the stand and told the jury that James Kelly suffered a bullet wound to the face, near the cheek. James Kelly was found dead in his bed back in October 2005.

The first deputy on the scene also testified.

But, the jury was excused when the third witness came into the courtroom.  James Mings is Colton Weir's uncle. Colton Weir is the teenager accused of actually shooting Kelly. Mings had an aneurysm and a stroke several years ago, and was brought in to make sure he had the ability to testify.

In a statement, Mings said he had a conversation with Colton Weir before the shooting.

Mings said Colton told him he had been offered $10-thousand, a pick-up, and a new pair of jet ski's. Mings said he asked Weir, "For what?"  Mings said Colton replied for "killing James Kelly."  Mings said he then told Weir,"Son, you don't want to do that, that will kill your grandpa and your mama."

In a statement Mings said, "If I would've known he was going to do something like this, I would have fought him over the gun."

Mings was then allowed to testify in front of the jury.

Another friend of the teenagers also testified without a jury present.  Several more witnesses are still expected to be called to the stand. 

A punishment phase is not expected after the jury comes out with a verdict. If found guilty, Marcia Kelly will automatically get life in prison.  If Kelly is found guilty on lesser charges a punishment phase is expected.

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