District Attorney Micheal Murray reported that Wednesday, December 9, 2009 a Brown County jury convicted Bernell Deon McClay for charges of Stalking and McClay was then sentenced to serve 60 years in prison.
During the trial, First Assistant District Attorney, Sam Moss, presented evidence that the defendant assaulted his live-in girlfriend on November 19, 2008 causing bodily injury to the 31 year-old mother of four. The victim testified that after the assault she called the Brownwood Police to report the assault and she forced the defendant to move out of her Brownwood home. The evidence revealed that the defendant then began repeatedly calling and returning to the victim’s home uninvited. Testimony established that the Brownwood Police Department was called to the victim’s home six times between November 19 and November 21, 2008, but each time the defendant had fled the location prior to the officer’s arrival.
On the evening of November 21, 2008 the defendant entered the victim’s home uninvited and destroyed her computer and other property as the victim and her four children were present. The defendant then fled the location when Brownwood Police Officers were once again called. Shortly after the November 21, 2008 incident, Brownwood Police Officers were able to locate the defendant coming from an alley way that runs behind the victim’s residence. The defendant ran from Brownwood Police Officers and was eventually apprehended after a several block chase.
First Assistant District Attorney Sam Moss asked the jury to hold the defendant accountable for his conduct and convict him on the stalking allegation. After considering all the evidence the jury convicted Bernell Deon McClay and the trial immediately proceeded to the punishment phase.
The defendant elected for Judge Ellis to determine his punishment in lieu of facing the Brown County Jury. First Assistant District Attorney Sam Moss presented punishment evidence that the defendant had five prior felony convictions, three prior misdemeanor convictions, and had been to the penitentiary on two previous occasions. The victim once again testified in the punishment phase of the trial and described prior incidents where the defendant had assaulted her while living in Mathis, Texas. The victim explained to the Judge the impact the abuse had on her and her children and that charges of Family Violence Assault and Endangering a Child aware still pending in San Patricio County.
First Assistant District Attorney Sam Moss asked Judge Ellis to sentence the defendant to somewhere between 50 years and Life in the penitentiary. After considering all the evidence Judge Ellis pronounced a 60 year prison sentence.
