Press Release — On May 31, 2017, the 9th Court of Appeals in Beaumont reversed the 2014 Murder Conviction of Kelvin Lee Roy in Orange County, Texas. In February, the Court of Criminal Appeals found that the trial judge committed error in the case for not allowing a lesser included offense instruction. The high court then sent the case back to the 9th Court of Appeals to determine if Kelvin Roy suffered harm from the trial judge’s error. Kelvin Roy’s attorney, Dustin Galmor, argued that his client suffered harm when the trial judge committed error resulting in a 75 year sentence. Today, the 9th court found that Kelvin Roy did suffer harm. Kelvin Roy will now receive a new trial in the 163rd District Court in Orange County, Texas.

On February 7, 2014, Kelvin crashed into another vehicle and killed Alexandria Bertrand. Six months later at trial, the Prosecutor admitted evidence showing Kelvin was driving with his girlfriend, Taralynn Brown, while under the influence of anti-anxiety medication, alcohol and PCP when he ramped a train track at a high rate of speed and landed on another vehicle. When police arrived they found baggies of crack in the roadway. When questioned, Taralynn Brown denied she knew about the crack and further stated Kelvin was trying to kill her by wrecking his car.

Kelvin testified in trial that he never intended to harm anyone. He stated he became intoxicated and blacked out while driving. Kelvin’s trial lawyer, Malachi Daws, asked the judge to give the jury an option for manslaughter. The judge denied that request and would only allow the jury to choose between finding Kelvin guilty of murder or letting him off with no punishment. The jury chose murder and sentenced Kelvin to 75 years in prison.

Kelvin appealed his case to the 9th Court of Appeals in Beaumont over the judge’s decision to exclude the manslaughter option. The 9th Court denied Kelvin’s appeal.

Kelvin then took his case to Austin, Texas, where his lawyer Dustin Galmor argued the judge was required to give the jury the option for manslaughter. The Court of Criminal Appeals agreed and ruled that the judge committed error because a jury could have rationally found that Kelvin did not intend to harm anyone. The case then went back to the 9th Court of Appeals to determine if Kelvin Roy suffered harm from the trial judge’s error. Today the 9th Court of Appeals found that Kelvin Roy did suffer harm.

Kelvin Roy is represented by Dustin Galmor of Galmor, Stovall & Gilthorpe Law Firm in Beaumont, Texas.