GEORGETOWN, Texas (KXAN) — After more than 11 hours of deliberations, a jury found Greg Kelley guilty on two counts of super aggravated sexual assault against a child. He was found not guilty of indecency with a second child.
He now faces 25 years to life in prison.
The victim, who was 4-years-old at the time, made comments to his parents that Kelley had him perform oral sex while at an in-home day care.
After the guilty verdict was handed down, the 19-year-old put his head in his hands and stayed that way for several minutes. Heavy sobs from his supporters filled the room, and day care owner Shama McCarty fell to her knees in the courtroom.
Kelley’s defense attorney Patricia Cummings declined to comment on the verdict.
The ruling was handed down shortly before 11:30 p.m. on Tuesday. The jury started deliberating the case around noon.
Sentencing in the trial will start at 1 p.m. on Wednesday.
Emotions were high as Kelley’s friends and supporters prayed for him Tuesday afternoon outside the courtroom.
Both prosecutors and the defense had strong words for the jury. Prosecutor Geoffrey Puryear ending his closing arguments with, “If you look at the law and the evidence, you’re going to find him guilty. And that’s the only proper verdict in this case folks.”
“I’m not saying I believe his parents made up that story and we have to get Greg,” said defense attorney Patricia Cummings. “The truth is I know we have a lot of issues.”
Facing serious accusations in court, Kelley took the stand in his own defense Monday.
The first several questions asked were if he had any sexual contact with the alleged victims.
“No, ma’am,” he responded to each one.
He went on to answer questions about why he was living apart from his family and staying at the home that also served as a day care. He explained that it allowed him to keep attending Leander, where he played football.
He testified that he was “pretty nervous,” though he spoke clearly and calmly.
Kelley said children staying at Shama McCarty’s in-home daycare where he lived would still be at the house when he arrived home after football practice.
“I’d go over there, give them a high five, see how they are doing,” said Kelley. “A couple would run around the kitchen when I’d eat.”
The names and faces of both victims were familiar to Kelley and he said the two may have been in a group of kids that he would harmlessly play with, but nothing ever reached an inappropriate level.
“They’d jump on me, let them hang on my arms, but in wrestling or grappling; no.”
Kelley testified he was never formally introduced to the the parents of the alleged victims, although he did remember waiving or smiling at them in passing.”
Earlier Monday, his defense team called witness after witness to testify about his reputation.
Kelley older brother and girlfriend both said Kelley was a truthful and law-abiding person who never did anything unusual while in the presence of children.
Leander High School head football coach Lee Bridges called Kelley a hard-working player who was always on time to early morning workouts.
Testimony from the character witnesses will be weighed against the allegations brought by two 5-year-old boys who told their parents and investigators Kelley sexually assaulted and was indecent with them.
If convicted of the most serious charge against him, Kelley could be sentenced from 25 years to life in prison. Due to the alleged victim being less than six years old, Kelly faces two counts of super aggravated sexual assault for accusations coming from the first 5-year-old alleged victim. He originally faced two indecency with a child counts for accusations coming from the second 5-year-old alleged victim, although one of those counts was dismissed on Monday.
Indecency with a Child is a 2nd degree felony punishable by 2-20 years in prison.
The jury also heard more on Monday from Shama McCarty, the daycare owner where the alleged assault is said to have happened.
McCarty said she could not remember many key details about Kelley’s access to children much to the frustration of the prosecution. Prosecutor Sunday Austin went as far as to ask if McCarty was having trouble remembering the details which may be damaging to Kelley’s case.
At one point, McCarty did testify she did not think Kelley was guilty of the charges against him.