Highest criminal court in Texas stands by order for new trial in death of Vidor teen

Alexandria "Lexy" Bertrand

Dec. 6, Texas’ highest criminal court, the Court of Criminal Appeals, stood by its May 2017 decision to order a new trial for Kelvin Roy, a man who has already been proven drunk and high on PCP when he slammed the vehicle he was driving into one occupied by Vidor teen Alexandria “Lexy” Bertrand in 2014.

According to the court’s previous decision, the jury hearing the case was not presented lesser included charges to deliberate when considering Roy’s fate. Barring a successful appeal to the U.S. Supreme Court, which must be filed within the next 30 days, Roy will be granted a new trial.

Orange County prosecutor Krispen Walker argued to the Court of Criminal Appeals for reconsideration due to the specific circumstances of the case. According to a witness statement presented by Walker to the appeals court, the wreck that killed the youth was no accident, and neither was Roy’s drug use and his intent to kill.

Officers at the scene reported finding eight bags of marijuana near Roy’s door and one bag of crack cocaine in the driver’s side floorboard of his vehicle, and a witness reported that Roy was smoking cigarettes dipped in PCP and shouting that he was going to kill someone prior to the crash.

During a trial held in Judge Dennis Powell’s Orange County 163rd District Court in August 2014, witnesses testified they could hear the roar of Roy’s engine as he accelerated, weaving in and out of traffic until ramming Bertrand’s stopped minivan. At the trial’s conclusion, jurors took less than two-and-a-half hours to find Roy guilty of murder, sentencing the accused to 75 years of prison confinement in the Texas Department of Criminal Justice Institutional Division.

No new trial date has yet been set as the trial court awaits an official mandate.

Jennifer Johnson can be reached at (409) 832-1400, ext. 231, or by e-mail at jennifer [at] theexaminer [dot] com.