Man Sentenced to Decades in Prison for Felony Domestic Violence Cases

By: Montgomery County District Attorney's Office
| Published 11/01/2021


MONTGOMERY COUNTY, TX -- On Thursday, October 28, 2021, in the 221. District Court, the Honorable Judge Lisa Michalk presiding, a jury convicted and sentenced Roy Welton Kirtley on four felony domestic violence charges. The State charged Kirtley with Aggravated Assault with a Deadly Weapon- Assault Family Violence, Impeding Breath or Blood with Prior Family Violence Conviction, Assault Causes Bodily Injury Family Violence with Prior Family Violence Conviction, and Unlawful Possession of a Firearm by a Felon. After a four-day trial, the jury convict. Kinky of all charges. The jury then returned sentences of 60 years, 60 years, 50 years, and 25 years on the four charges. Because Kirtley is a habitual offender, his penalty range for all offenses was 25 years to life in prison.

The case began on December 20, 2019. On that day, law enforcement from the Montgomery County Sheriff's Office, Montgomery County Constable Precinct 5, and Texas Department of Public Safety responded to a 911 call. Two juvenile males reported that Kirtley was assaulting their mother. Investigators learned that the juveniles saw Kirtley strangling their mom in the master bedroom, at which point the youngest stabbed Kinky in the arm to make him stop. The juveniles reported that after Kirtley was stabbed in the arm, he continued to assault their mom. When the juveniles tried to stop the assault, Kirtley, a convicted felon, retrieved a pistol and fired it while inside the home.

Upon arrival at the home, law enforcement noted that Kirtley was bleeding heavily from the arm. Detectives and Crime Scene Investigators processed the crime scene, following a blood trail throughout the home and into the backyard. There they discovered the pistol where Kirtley had thrown it to avoid detection. The mother reported that Kirtley was on parole for manufacture/delivery of methamphetamine. The altercation began when she attempted to end the relationship, in part because Kirtley was continuing to deal drugs. The mother allowed law enforcement to search her home, where more than 100 grams of methamphetamine were recovered and determined to belong to Kirtley. Jurors viewed an in-car camera from a private vehicle in the front driveway. This camera captured the sound of the gunshot fired by Kirtley, the juveniles running from the scene, Kirtley threatening the family if they contacted law enforcement. The camera also captured Kirtley continuing to assault the victim in the front yard multiple times until law enforcement arrived. During punishment, the jury considered evidence of the drugs seized from the home, Kirtley's membership in a Criminal street gang, and the defendant's long criminal history which included convictions for Aggravated Robbery and other assaultive offenses.

Prosecutor Echo Hutson: 'This defendant did nothing but terrorize this family from the time he set foot in their home. The District Attorney's Office wishes to recognize and thank law enforcement with the Montgomery County Sheriff's Office, Texas Department of Public Safety, and Montgomery County Constable Precinct 5 for their hard work a. thorough investigation in this case, which in tum enabled us to obtain justice for this family. The jury's verdict ensures that Roy Kirtley will not have access to this family, or any other vulnerable victims in our community for many years to come.'

District Attorney Brett Ligon: 'Roy Kirtley was a menace to his family and this community.Fortunately, law enforcement acted quickly and professionally to place him under arrest, and our Domestic Violence prosecutors act. aggressively to place these facts before a Montgomery County jury. This jury said with their sentence—as Montgomery County juries consistently say, with their sentences—that violent criminals should expect and will receive lengthy prison sentences. Mr. Kirtley must now consider that strong statement even as he serves his long sentences, whether he wants to or not.”

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