Man Wrongfully Convicted of Sexual Assault Is Exonerated

Greg Kelley, a high school senior and star athlete, was arrested on August 9, 2013, in Cedar Park, Texas. He was accused of sexually abusing two young boys at a daycare in someone’s home. During legal proceedings, Kelley declined to accept a plea agreement that would have prevented him from serving time in prison. He was ultimately convicted of two counts of indecency with a child and two counts of super aggravated sexual assault. The charges of sexually abusing the other boy were dismissed. He was sentenced to 25 years in prison.


During Kelley’s senior year of high school, his father had a stroke, and his mother was diagnosed with a brain tumor. His classmate and friend, Jonathan McCarty, offered him a place to stay. His mother, Shama McCarty, operated an in-home daycare center, and that’s where the allegations originated.


Her younger son claimed that Kelley engaged in inappropriate sexual behavior with him on two separate occasions. McCarty’s mother spoke with law enforcement about the incidents, and officers arrested Kelley a month later. A few days after the arrest, another boy came forward with claims that he was also sexually assaulted.


Kelley’s trial began in July 2014 at the Williamson County Criminal District Court. He faced two counts of indecency with a child and two counts of super aggravated sexual assault. The prosecution offered him a plea deal, but he refused to accept. He vehemently maintained his innocence and wasn’t going to plead guilty to a crime he didn’t commit.


During the trial, it was clear that the prosecution had major holes in their case. Kelley’s defense attorney at the time, Patricia Cummings, played a video of McCarty’s son being questioned about the alleged incidents. It was noted that he changed his story and added details to what he claimed had happened. He also never identified Kelley in front of jury members as the offender. Additionally, the lead investigator didn’t interview Kelley about the allegations and admitted to asking the young boys leading questions while he was interviewing them.


After a couple of failed attempts, Kelley and his new attorney filed a new petition in 2017 with claims that he didn’t receive adequate defense during his first trial and the detective led a faulty investigation. He was released from prison in August 2017, and the district court judge recommended overturning his conviction. On November 6, 2019, it was.

Recently, Kelley received a full scholarship to play at Eastern. According to The Detroit News, Eastern athletic director Scott Wetherbee said in a statement, “Mr. Kelley is an exonerated man in the eyes of the law, and an eligible student-athlete in the eyes of the NCAA.”

Rosenthal Kalabus & Therrian Will Fight for Your Freedom

If you were arrested or charged with a crime in Texas, our Collin County criminal defense lawyers will meet you for a free consultation and determine the available legal options. We have experience defending clients against charges of felony offenses, sex crimes, domestic violence, federal crimes, white-collar felonies, and more.


When you hire us, we’ll provide the one-on-one attention you deserve and create an effective strategy to get the charges against you reduced or dropped. We’ll fight hard to secure your freedom, reputation, and future. To find out more about the legal services we provide and how we can help you with your criminal case, call Rosenthal Kalabus & Therrian today at (972) 369-0577.

Written by: Rosenthal Kalabus & Therrian Last Updated : June 15, 2023