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Kelvin Roy sentenced to 75 years in prison following crash that killed Vidor teen
Updated: Thursday, August 28 2014, 04:21 PM CDT
ORANGE - The jury has decided Kelvin Roy should spend 75 years in prison for murdering a teenage girl by deliberately crashing into her family's car in Vidor.
Roy briefly closed his eyes, gave a small shake of his head and looked away, according to Haley Bull, our reporter in the courtroom.
Haley reports that during a victim's impact statement, Alexandria Bertrand's mother said: "when Kelvin Lee Roy murdered my daughter he cheated Lexy. Most of all she loved life and she loved her family and friends."
Fox 4's Haley Bull is covering the trial. Watch Fox 4 News and stay with fox4beaumont.com for reaction.
The jury decided Roy should not pay a fine. He faced a possible sentence of five years to life in prison and up to a $10,000 fine for the death of 16-year-old Alexandria 'Lexy' Bertrand.
The judge called it an "emotionally draining trial" and offered the jury the opportunity to remain in the courtroom or step outside when the victim's impact statements were read.
Lexy's mother and brother delivered victim's impact statements in the courtoom following the decision.
Her brother described finding out about the wreck and seeing Lexy after the crash. He finished his statement by saying "I will always remember my big sister, Lexy."
Lexy's mother, April Bertrand, then read her statement.
From Haley's Twitter feed:
Bertrand:"when Kelvin Lee Roy murdered my daughter he cheated Lexy. Most of all she loved life and she loved her family and friends."
Bertrand describes everything she will never get to see Lexy do.
Bertrand: "I hope and pray that Kelvin can take this horrific act to heart and realize the error in your ways.
"She has survived and will continue to live on through the gift of organ donation."
Family is finished, Roy tried to address Bertrand as he was taken out of the courtroom.
Some jurors cried as they left the courtroom, the judge shared a moment with Bertrand as he left.
She testified during the punishment phase Thursday morning that her daughter "had such a huge heart and wanted to help people."
The jury in Judge Powell's court in Orange convicted Roy Wednesday of murder for the February 7, 2014 crash on Old Highway 90 in Vidor. He deliberately drove into a van and caused a crash that killed Alexandria "Lexy" Bertrand. Roy faces a punishment ranging from 5 years to life in prison.
Testimony in the punishment phase began shortly after 9 a.m. Thursday and ended at about 10:30. Closing arguments began after a short break and ended at about 11:20 a.m. The jury began deliberating and is taking a lunch break from noon until 1.
Here is some of April Bertrand's testimony and other testimony through Haley's Twitter feed from the trial:
Bertrand says her daughter "was absolutely the little mama" to her three younger brothers and sister.
Lexy would have been a senior this year. Bertrand says she wanted to become a nurse.
Bertrand: "she had such a huge heart and wanted to help people."
Bertrand: "Lexy was such a bright and shining spirit that she affected everyone around her."
Bertrand describes schools Lexy attended supporting the family after her death, she says "you don't prepare to lose a child."
Bertrand is talking about community support following the crash, including benefits and fundraisers for Lexy.
Prosecutor is showing Bertrand pictures of smiling Lexy, she smiles too.
Bertrand:"this is my Lexy girl she had that smile and those bright blue eyes that spirit that anybody could see by looking at her."
Tearful moment on the stand as the prosecutor shows a picture of a balloon release at Lexy's funeral.
Lexy's brothers tearful in the audience as Bertrand describes pictures of Lexy with her brothers.
Bertrand: "there's just this emptiness and this void that our family's missing that important loved one."
About Lexy's brothers, Bertrand says "it's really hard for them not to have their sister anymore."
Woman who raised Kelvin Roy takes the stand, says she considers him her son.
She says:"he makes bad decisions,using the drugs that was a bad decision to make, I'm not gonna say he's been the model citizen.."
"but deep inside Kelvin is actually a good person, he's a caring person."
She says Kelvin wouldn't deliberately hurt someone, and isn't a violent person. Says Kelvin has expressed remorse.
She says "the drugs caused the behavior, the reckless driving, an accident on Feb. 7th, there's no doubt in my mind."
She never witnessed his drug use, but "the addiction to whatever he was using played a huge role in the way he turned out.
She says Roy needs to be held responsible, but asks the jury for leniency in his punishment.
"I believe if he hadn't been under the influence Lexy Bertrand would still be alive.
She says he can be rehabilitated "he just kind of strayed away from his upbringing."
"It was a selfish act to do it. He's wrong and he deserves to be punished for what he did..."
"Then at the same time forgive him, forgive me if you feel I wasn't adequate in raising him forgive me as well.."
"... And I would like the Bertrand family to forgive him."
She tells April Bertrand she prays for her, "I'm not insensitive to what she's going through because I'm going through something as well."
Prosecutors question her, she maintains he makes "very poor choices" but isn't a violent person.
Prosecutor asks her "the bottom line is you weren't there in the car were you?"
She maintains she knows Roy well enough to know what he's capable of, and how she was showing him tough love.
Roy's brother takes the stand.
He is in a wheelchair and describes how Roy helped him after his injury.
Says he knew Roy used marijuana, but not PCP. He describes changes in Roy he attributes to drugs..
"It changed him, turned him from a person you could rely on to, I guess you could say he became unreliable," but says Roy isn't violent.
He asks the jury for leniency, "he has a lot of good in his heart, he has a lot of good he just make bad decisions."
Both Roy's mother and brother maintain he has good left in him and can be rehabilitated, testimony describes impact of drugs.
Jury returns. State calls an OCSO worker who oversees records of inmates phone calls and visitation recordings.
Prosecutor questioning her about a visitation between Roy and a woman.
Playing a portion of recording in court now, the defense objected but judge overrules.
Hard to make out what is said in the audio recording, but can hear "nah, nah, nah" at the end.
State calls April Bertrand back to the stand.
Bertrand says Lexy wanted to be a blood donor, Lexy told her, "I feel like I've done something so extremely important for human life."
Bertrand says Lexy gave so much blood she became anemic, and that she decided to become an organ donor.
Bertrand: "she was able to fulfill her last wish to become an organ donor.
Bertrand describes who Lexy's organs have helped, "I would love to hear my baby's heart beat one more time that would be a beautiful thing."
Lexy's organs have gone to two men, a woman and a child. Bertrand says "it gives me some sort of peace to know.."
"... Even though our family has lost so much... That there are pieces of her living on in other people."
Arguments are finished. The jury is taking a break before closing arguments.
Judge is reading the jury sentencing instructions.
State is starting their closing argument now. Prosecutor is asking jury to sentence Roy to life in prison.
She's showing the jury a stack of papers, they're Roy's prior convictions.
They include more than a dozen felonies and misdemeanors.
She says "he's still out there doing the same things and worse."
She tells the jury she'll wait for her rebuttal to give them all the reasons they should sentence Roy to life.
He asks the jury to "keep your eye on the culpability of my defendant."
About Roy's intent, he says "I believe it was an intent that was less culpable than other kinds of intent."
He tells the jury there's a difference between an intoxicated, sober and premeditated intent.
He believes Roy had an intoxicated intent, and points to his family's testimony about Roy's poor decision making.
He asks the jury to think about the length of a year.
He is asking the jury for a 20 year sentence, the maximum prison time for a manslaughter charge.
He says "not that it ever compensates for the true tragedy of the situation but it punishes the crime."
State addressing jury once more.
About Roy and his record: Obviously nothing is helping, nothing is making a difference. He's a threat to our community and he need to go away for life."
She described how he will still get a life with visitations but Lexy won't. "That's forever. That's not just for a term of years, that's forever. It's final. It's done. Lexy would have been a senior.
Tells the jury "your job is to remove the threat"..."this isn't just 1 mistake the defendant made on 1 occasion this is his lifestyle."
Tells the jury "your job is to remove the threat"..."this isn't just 1 mistake the defendant made on 1 occasion this is his lifestyle."
She compares Roy launching the car to launching a missile into a crowded intersection.
She describes the people also at the intersection the night of the crash and how their lives "came together so tragically."
Prosecutor tears up as she shows a picture of Lexy's brothers with their sister and one without.
She says "there's a void, there's something missing that's never coming back."
Jury now going into deliberations.
(Wednesday) ORANGE - A jury has convicted Kelvin Roy of murdering a Vidor teenage girl after crashing into her family's car.
KFDM's Haley Bull is covering the trial of Kelvin Roy. Stay with KFDM and kfdm.com for updates.
The jury in Judge Dennis Powell's courtroom began deliberating at about 2:15 p.m. Wednesday and returned with the guilty verdict shortly before 4:45 p.m. The judge told the crowd there should be on outbursts. There were gasps and cries from the audience when the verdict was announced.
Roy, 32, could receive up to a life sentence. The punishment phase is set to begin at 9 a.m. Thursday.
The trial began Monday in Judge Dennis Powell's court.
Roy was convicted of murder in the death of Alexandria Bertrand, 16, known as Lexy to her family and friends. She was a student at Vidor High School.
The teen died following a collision February 7 on Old Highway 90 in Vidor. Investigators say Kelvin Roy crashed into a van driven by the teen's mother. They were driving to Walmart so Bertrand could buy a present for a boy she liked. Bertrand died at a hospital the following day.
Prosecutors say Roy deliberately drove into the van while high on drugs. His girlfriend was in the car with him when he left Beaumont and got onto the Interstate. She says he never tried to stop when he crashed into the van. Roy's attorney says his client didn't intend to crash into the van.
During closing arguments, prosecutors showed a picture of Lexy smiling and then showed the jury an autopsy picture. There were gasps and tears.
The prosecutor said, "this case is about Lexy Bertrand, this beautiful, 16 year old girl, a big sister to three young brothers."
The prosecutor showed a picture of an identification bracelet around Bertrand's ankle and said, "this band around her ankle is the last piece of jewelry Lexy will ever receive or wear. There won't be a senior ring. There won't be a wedding ring. There won't be a locket that had maybe a lock of her child's hair in it. This is it."
Here is a summary of closing arguments and reporting from Haley via Twitter (from most recent to earliest):
Roy's handcuffs are back on as he is taken out of the courtroom during the recess.
Arguments are finished. Jury deliberations are starting.
Prosecutor: "the loss to Lexy's family and the community cannot be restored."
Roy appears neutral throughout the arguments.
Prosecutor tells jurors voluntary intoxication is not a defense.
Prosecutor says about Roy's testimony: "that's not what happened... That's not what the evidence shows in this case, not at all."
Prosecutor asks jury about Brown: "what reason does she have to lie? Really? She doesn't."
State making final argument.
"... There's no way he intended to hurt anybody."
He says "a murder indictment doesn't fit these facts. It's a manslaughter case clear and simple"..
Attorney: "if this was less tragic I believe it would have been charged as manslaughter."
Attorney says jury will have to decide between Roy and Brown's story, "would you invest with her? I wouldn't feel comfortable."
Attorney said "there really wasn't much an investigation done", that state is asking jury to believe intoxicated woman
Attorney about Roy: "I'm not trying to say he's innocent..." Goes on to say but "the intent to murder doesn't add up."
Attorney says about Brown: "the greater fact is the inconsistency, someone going back and forth on this can't be trusted."
Attorney says medical records and notes do not show Brown mentioning Roy tried to kill her.
Attorney shows Brown's record from the emergency room, showing intoxication, claiming that contradicts her statements to jury.
Attorney says all of the sudden she's involved in a huge wreck and thinks "I need to get out of this situation."
Attorney argues Brown had a reason to lie.
Attorney: "all the evidence they had supported intoxication and not intent", toxicology reports showed clear evidence of drinking and drugs."
Attorney: "the evidence is overwhelming for intoxication."
Attorney says Brown's testimony was only one for intent.
Asks jury to "ignore the emotional onslaught" prosecutors showed, says it was added for shock value.
And the consequences are what they are."
Prosecutor: "basically what he did was he might have strapped a parachute to his back, stepped out of a plane..."
Talking about Roy's drug use, prosecutor says "picking up that PCP cigarette was a choice the defendant made."
Prosecutor tells jury witness accounts contradict Roy's statements, asks where was the man he was going to pay during the case?
Prosecutor quotes a witness, saying Brown told the witness after the impact "he's trying to kill us.
Prosecutor is summarizing witness testimony on hearing the acceleration right before the crash.
Prosecutor says Brown is "no shining nickle"... But "that's his association, that's his girlfriend."
".. There won't be a locket that had maybe a lock of her child's hair in it, this is it."
"Is the last piece of jewelry that Lexy will ever receive or wear. There won't be a senior ring, there won't be a wedding ring."
Showing picture of identification bracelet around Bertrand's ankle, prosecutor says: "This band around her ankle..."
Prosecutor shows a picture of a smiling Bertrand to the jury, followed by an autopsy photo. Gasps and years from audience follow.
Prosecutor: "this case is about Lexy Bertrand, this beautiful, 16 year old girl, a big sister to three young brothers."
Prosecutor: "Lexy is a victim of the defendant's intended consequences."
State starting closing arguments.
And if the act caused Bertrand's death.
The jury will consider if Roy intentionally tried to injure Brown, if Roy intentionally drove the vehicle into another...
And committing an act, running his vehicle into another, causing the death of Lexy Bertrand.\Judge is explaining to the jury the charge. Roy's accused of intending to cause serious bodily injury to Taralynn Brown (his gf).
Trial is back underway. Roy is charged with murder, he pleads not guilty.