FORT WORTH -- A Mansfield man who won his appeal of a murder conviction and was granted a new trial has agreed to a plea deal that includes a nine-year prison sentence.
Kory Nelson Turner, 45, was sentenced to 12 years in prison in 2010 for fatally wounding Leonard Keith Jr., 39, during a party at Turner's house in 2008.In August, the 2nd Court of Appeals overturned the conviction and ruled that Turner was entitled to a new trial because state District Judge George Gallagher rejected a request by defense attorney Larry Moore to make room in the crowded courtroom for Turner's wife, brother and father-in-law while attorneys questioned potential jurors.Because the seating area was full, Moore asked Gallagher to seat some prospective jurors in the jury box to make room for the relatives. Gallagher denied the request.The appeals court found that the decision denied Turner his constitutional right to a public trial.Instead of waiting for a new trial, Turner pleaded no contest Wednesday to the murder charge, and he was sentenced to nine years in prison in a deal with prosecutors, Moore said.Turner was unwilling to risk a new trial, Moore said."We tried everything to get the jury to believe the way that we believed in the first go-round," Moore said."We didn't think we could have done any better the second time, and we didn't want to chance actually getting more time."I don't think either side wanted this disposition. But I don't think either one of us wanted to go back to trial."At trial, Turner testified that the shooting was accidental. He said he repeatedly threw Keith out after catching him pinning Turner's wife against a refrigerator in the kitchen. Turner got a gun and went into the garage. Keith startled him, and he flinched and fired, Turner testified.Prosecutors introduced testimony that Turner's wife was willingly kissing Keith and was not being assaulted.They also argued that it was unlikely that Turner accidentally shot Keith with a gun that took more than 7 pounds of trigger pressure to fire.The jury convicted Turner of murder but agreed that he was influenced by sudden passion."In offering the nine-year plea bargain, consideration was given to the jury's 2010 punishment verdict, as well as the fact that Mr. Turner has not committed any crimes or bad acts since his jury trial more than two years ago," prosecutor David Hagerman said. "This was the best resolution to the case."Turner must serve 41/2 years before he is eligible for parole, Moore said. He has been in prison since September 2010 and will receive credit for time served, according to court records.This report includes material from the Star-Telegram archives.Mitch Mitchell, 817-390-7752Twitter: @mitchmitchel3Have more to add? News tip? Tell us
