Ryan John Kelly

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No. 07-16-00396-CR No. 07-16-00397-CR

12-21-2017

RYAN JOHN KELLEY, APPELLANT v. THE STATE OF TEXAS, APPELLEE

On Appeal from the 31st District Court Gray County, Texas
Trial Court No. 10058, Honorable Steven R. Emmert, Presiding

MEMORANDUM OPINION

Before CAMPBELL and PIRTLE and PARKER, JJ.

Ryan John Kelley, was charged with assault on a family member, aggravated assault against a public servant, and attempted capital murder. He was convicted of aggravated assault against a public servant and attempted capital murder

Factual and Procedural Background

In the early hours of January 6, 2015, Jennifer Bentley and her live-in boyfriend, appellant, got into an argument at their home in Pampa, Texas. A friend arrived and the three smoked methamphetamine. The friend left, appellant went to sleep, and Bentley began packing her daughters' bags and preparing to leave. When Bentley's two children woke, she and the children left for a friend's house.

Later that morning, some of Bentley's friends went to Bentley's house to get her things. The house was locked and their knocks went unanswered. They tried, unsuccessfully, to open a window and the back door. Then, the women heard a gunshot from inside the house. They ran back to their vehicle and called 911.

Pampa police sergeant Tobie Bias responded to the 911 dispatcher's call. Bias and another officer arrived at the house and spoke to Bentley's friends, who were still outside. The officers then approached the house, knocked on the front door, and announced their presence. They then "knocked and announced" at several of the house's windows. They received no response and heard no sounds from inside the house. By then, other officers had arrived on the scene. They determined they needed to enter the house to investigate the gunshot and check on the welfare of the house's occupants.

Officers kicked at the front door until they were able to open it. Sergeant Bias, Sergeant Houston Gass, and two other officers entered the house, continuing to vocally announce "police." The officers proceeded to check the house for occupants. As Sergeant Bias and Sergeant Gass approached the closed door of a back room, Sergeant Gass was shot in the face through the door. Sergeant Bias was struck with a pellet in his forearm.

The Amarillo Police Department SWAT team was called to assist. Eventually, appellant was shot in the left leg as he was exiting the house and he was arrested on the front porch.

Appellant was charged with attempted capital murder, aggravated assault against a public servant, and assault on a family member. The State filed a Motion to Consolidate the cases, which was granted over appellant's objection and request for severance. Appellant also filed a Motion for Change of Venue.

The trial started on September 26, 2016. After the jury was sworn, the court denied appellant's Motion for Change of Venue. Following a four-day trial, the jury found appellant guilty of the offenses of attempted capital murder and aggravated assault against a public servant, and not guilty of the offense of assault on a family member. The jury then sentenced appellant to 40 years and a $10,000 fine for attempted capital murder, and 10 years and a $5,000 fine for aggravated assault against a public servant. Upon announcing the judgment, the court ordered the sentences to run consecutively without request by the State.