Marcia Kelly

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Marcia Kelly
Conviction(s)Capital murder
SpouseKeith Sepulvado (divorced)
Garry Lowery (divorced)
James Kelly (deceased)
ChildrenShaina Sepulvado
Katelyn Lowery (deceased)
JamiE Smith
 
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Marcia Kelly
Conviction(s)Capital murder
SpouseKeith Sepulvado (divorced)
Garry Lowery (divorced)
James Kelly (deceased)
ChildrenShaina Sepulvado
Katelyn Lowery (deceased)
JamiE Smith

Marcia Gayle Kelly (born December 21, 1970) is a convicted American female murderer serving life without parole for orchestrating the murder of her husband James. She is incarcerated at the Mountain View Unit in Gatesville, Texas, and her Texas Department of Criminal Justice (TDCJ) Offender number is #1381826.[1]

Contents

Crime

On October 23, 2005, truck driver James Kelly was shot to death in his Cushing, Texas home. Initially, his stepdaughter Shaina Sepulvado and her friends Dallas Christian and Colton Weir were the prime suspects. All three were later charged in James' death. When interviewed however, James' widow, Marcia, was implicated in his death. Colton said that Shaina and Marcia had orchestrated the plot to have James murdered and was promised a vehicle in return for committing the crime. In a police statement, Marcia admitted that she overheard some of the juveniles make a statement about wanting to kill her husband, but did not admit to offering them anything to kill her husband.[2] On October 26, 2005, Marcia was charged with capital murder.[3]

Trial

On July 31, 2006, Marcia Kelly's murder trial began. At the trial, prosecutors presented the jury with what they believed to be the motive. Marcia had a $100,000 life insurance policy on James. Prosecutors also stated that Marcia and James argued on how to punish Marcia's unruly daughter Shaina. Other testimony was presented at the trial from men who claimed Marcia had also solicited them to kill her husband,[4] along with that of Colton Weir.[5]

Marcia did not testify in her own defense, but her daughter Shaina did take the stand to defend her mother. On the stand, Shaina testified that she was responsible for the murder and that her mother was not involved. Shaina had also claimed that James had been beating and molesting her. Jurors did not believe her, and convicted Marcia of capital murder. Since the death penalty had not been sought against her, Marcia received an automatic sentence of life without parole.

Aftermath

Colton Weir in November 2006, and Shaina Sepulvado in April 2007, were each convicted of capital murder at separate subsequent trials in Nacogdoches County, Texas. They are each serving life without parole.[6]

Dallas Christian pled guilty to murder and was sentenced to 40 years in 2008.

Two other males, Billy Loftin and Gary Batchelor, were convicted of lesser charges of tampering with evidence, in connection with James Kelly's death.

Marcia Kelly's conviction was affirmed by the Twelfth District Court of Appeals on January 23, 2008.

Marcia's case was profiled on Snapped on March 20, 2011. During the program, Marcia and Shaina discuss elements of the case.

Marcia still maintains her innocence, and is seeking assistance in overturning her conviction.

On 25 June 2012, the US Supreme Court ruled, in a 5-4 vote, that mandatory Life Without Parole for crimes committed as juveniles (a ruling which impacts Weir and Sepulvado) violates the 8th amendment to the US Constitution (cruel and unusual punishment). Weir and Sepulvado can apply for re-sentencing.

References

  1. ^ "Marcia Gayle Kelly." Texas Prison Inmates > Mountain View Unit. The Texas Tribune, 14 Jan 2011. Web. 14 Apr 2011.
  2. ^ Cervantez, Jessica. "Day Two of a Murder for Hire Trial." KTRE.com Lufkin and Nacogdoches. 03 Aug 2006. Web. 14 Apr 2011.
  3. ^ http://www.12thcoa.courts.state.tx.us/opinions/HTMLOpinion.asp?OpinionID=8390
  4. ^ Boudreaux, Tyesha. "Christian Pleads Guilty." DailySentinel.com. 03 Jun 2008. Web. 14 Apr. 2011.
  5. ^ McCollum, Donna. "Guilty Verdict Returned in Capital Murder Trial." KTRE.com Lufkin and Nacogdoches. 12 Apr 2007. Web. 14 Apr 2011.
  6. ^ "Snapped Episodes." TV Guide. 2011. Web. 14 Apr 2011.


http://www.freemarciakelly.com (where you will find Marcia's side of the story). http://www.marciakelly.net (more information about Marcia's story).