18-year-old Greg Kelley was a dynamic high school football player for Leander High School in Williamson County Texas. He was popular, and intelligent, had a beautiful girlfriend, Gaebri, and was planning to play football at college.
Shama McCarty was the owner of an in-home daycare center when she learned that Greg needed support. She allowed him to move in with her family, including her son, Jonathon McCarty, because Greg’s mother had brain cancer and his father had a stroke. Shama and her husband Ralph were loving parents who treated Greg just as their son.
Table of Contents
The Greg Kelley Case
Unraveling the complexities of the Greg Kelley case, a gripping tale of justice and wrongful accusations that captivated a community.
Outcry Documentary: Greg Kelley Wrongfully Convicted
One day, Greg received a distressing call informing him that a parent at Shama’s daycare had accused him of sexually molesting a 4-year-old boy. In a five-part series called, “The Outcry Documentary,” Greg expresses how overwhelmed he was by the allegations, breaking down in tears, adamantly denying any involvement in such a heinous act. He maintained that he had never been alone with any children, asserting that it was impossible for him to have committed the alleged offenses.
During an interview with the child victim, he claimed that Greg had forced him to perform oral sex on two separate occasions. Moreover, he alleged that Greg had “punched” him and that his mother had witnessed the altercation. However, there was no evidence to support the claim that Greg had physically assaulted the child, nor was there any indication that the child’s mother had been involved in the incident.
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Arrest and Conviction
The Greg Kelley documentary discussed how Greg enlisted the services of attorney Patricia Cummings, who advised him to turn himself into the police. After spending 13 hours in booking, he was released on bond that same night. However, the media quickly picked up the story, leading to Greg’s expulsion from high school and his subsequent enrollment in JJAEP, a military-based school for juvenile offenders.
The police issued a public statement urging anyone whose children had interacted with Greg to get in touch with them. As a result, another child, aged four, stepped forward alleging sexual abuse by Greg. Following this, he was apprehended and faced two charges of super-aggravated sexual assault of a minor.
In 2014, Greg’s trial commenced, and his attorney contended that the allegations were influenced by adults with ulterior motives. During the trial, the second child retracted his statement, leaving only one accuser. Despite this development, the jury convicted Greg on two counts of super-aggravated assault. He was sentenced to 25 years in prison without the possibility of parole with the agreement that he’d waive his right to appeal.
Support for Greg Kelley
Many of Greg’s supporters claimed that officials in Williamson County were corrupt and that Greg was convicted for political reasons. They criticized the Cedar Park Police Department for their narrow focus, ignoring the potential for other suspects.
District Attorney Janet Duty was later found guilty of contempt of court for withholding evidence from the defense in Greg’s case, resulting in a 10-day jail sentence and a $5,000 fine.
In 2016, Greg’s new attorney Keith Hampton met with the new Williamson County district attorney, Shawn Dick, to discuss a writ he intended to submit to the appeals court. He planned to present alternative suspects and evidence supporting Greg’s innocence. Dick agreed to reopen Greg’s case and enlisted the Texas Rangers to conduct a thorough investigation alongside Williamson County authorities, committing to transparency throughout the process.
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Jonathan McCarty, Rapist?
Jonathon McCarty was identified as a potential abuser based on Keith’s writ. Known for his intelligence, sociability, and respectful demeanor, Jonathon’s behavior noticeably shifted after Greg moved in with his family. Within six months, he became increasingly envious and disrespectful towards Greg and his family.
Daycare workers observed that Shama appeared to favor Greg, possibly because of her aspirations for his football career. This favoritism may have fueled Jonathon’s resentment, as he seemed to covet not only Greg’s girlfriend but also the life that Greg was building.
Jonathon’s legal troubles escalated when he was arrested for a probation violation related to drug charges, with a bond set at $450,000. His criminal history included at least 16 prior arrests.
In the allegations against Greg, the child claimed that the first incident of sexual assault occurred in Greg’s room, while the second was said to take place on the couch. However, the room described by the child belonged to Jonathon, raising further questions about the validity of the accusations against Greg.
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Writ Hearing
In August 2017, Greg’s writ hearing revealed that prosecutors had altered the alleged assault date from July 12th to April. However, Greg had moved out of the McCarty residence on June 11th (one month prior to the assault), and GPS data confirmed he was helping his brother move on July 12th, supported by photos of him stuck in traffic.
The police investigation was inadequate, failing to search the McCarty home or gather evidence against Greg. Detective Daly made unfounded assumptions of guilt, and the second child had never reported an assault, yet was interviewed without evidence. Despite Judge Matthews advising against charging a second child, Daly proceeded, claiming it would bolster the first child’s case.
Greg’s former attorney, Patricia Cummings, sought to clear her name amid claims of ineffective counsel. Although she had a police report indicating the offense occurred on July 12th, 2013, she did not argue that Greg was not living with the McCarty family at that time. She dismissed suggestions to consider Jonathon as a suspect, leading jurors to believe the child’s accusations without an alternative suspect presented.
Greg’s attorneys argued that Cummings had a conflict of interest because of her prior representation of three McCarty brothers, one of whom faced charges of indecency with a child, undermining her credibility.
The Texas Ranger investigating the case described it as a “perfect storm,” where various entities acted with their motives, denying Greg due process. He acknowledged three suspects, including Greg and Jonathon McCarty, while withholding the name of a third.
After three years in prison, in 2017, Greg’s conviction was overturned, and he was released on bond pending further legal proceedings.
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Greg Kelley Now
In 2019, the Texas Court of Criminal Appeals declared Greg innocent, fully exonerating him. The court’s decision acknowledged the flawed investigation, unreliable witness testimony, and the emergence of alternative suspects.
The Greg Kelley case exposed systemic issues within the criminal justice system, including the handling of child sexual assault cases and the reliance on potentially unreliable child testimony.
The Greg Kelley case highlights the devastating consequences of inadequate police work, the need for thorough investigations in criminal cases, and the need for reforms within the criminal justice system to prevent wrongful convictions and ensure justice for all.
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Greg Kelley Settlement
After his exoneration in 2019, Greg pursued legal action against the City of Cedar Park, Texas, where the wrongful conviction occurred. In July 2022, he reached a settlement agreement for $500,000. This amount covered both Greg and his attorneys’ fees.
The settlement amount translates to less than $300 for each of the 1,153 days Greg was wrongly imprisoned. This hardly seems adequate compensation for the loss of freedom, damage to reputation, and emotional trauma he endured.
Jonathan McCarty was never charged in the child molestation case against Greg. McCarty has a history of sexual assault accusations, ultimately pleading guilty to unlawful restraint and drug charges in 2019 related to a 2015 assault at a frat party on a 15-year-old girl. He is currently out on bond pending appeal. Due to lack of evidence, McCarty will likely not face charges in the Greg Kelley case.
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Books and Documentaries
Watch “The Outcry Documentary”
This five-part docuseries follows the story of Greg Kelley, a high school football star convicted of sexually assaulting a young boy, and the fight to clear his name.
Read “In Defense of the Innocent: How to Respond and Recover When Falsely Accused of Sexual Assault, or Other Serious Misconduct in Our New #MeToo World Where Men are Guilty Until Proven Innocent”
This book aims to inform and empower men facing false accusations in the #MeToo era. It emphasizes the importance of due process and the presumption of innocence, seeking to protect the reputations of those wrongly accused. The author provides a practical guide to navigating false allegations, including insights into how institutions conduct investigations and how individuals can defend themselves.
Read “The Juvenile Sex Offender”
This book provides a comprehensive overview of juvenile sexual offending, covering its nature, development, consequences, and treatment. Experts explore the pathways of normal sexual development and investigate the factors leading to problematic sexual behaviors in youth. The book also examines how the mental health and criminal justice systems handle juvenile offenders, reviews various treatment approaches, and offers research-based recommendations for improvement.
Read “Not Under My Roof: Parents, Teens, and the Culture of Sex”
This book explores the contrasting approaches to teenage sexuality in America and the Netherlands. While American parents often fear and forbid it, Dutch parents prioritize open communication and family connection, even allowing teens to have sleepovers with partners. Through interviews with families, the author shows how these cultural differences shape teens’ sexual experiences, relationships with parents, and overall development. The book delves into the roots of these parenting styles, examining how ideas about selfhood, gender, and autonomy influence family dynamics.
FAQs
Did Greg Kelley ever play football for UT?​
No, Greg Kelley did not ultimately play football for the University of Texas (UT). Although he was admitted to UT and even participated in a walk-on tryout in 2020 after his exoneration, he wasn’t able to join the team due to the COVID-19 pandemic and the university’s decision not to take any walk-ons that spring.
Is Greg Kelley still married?
Yes, Greg Kelley is still married to Gaebri Anderson. They have been together since high school, and she steadfastly supported him throughout his ordeal. They got married in January 2019 shortly after he was released from prison.
Where is Greg Kelley now?
Greg Kelley is currently residing in Texas. He’s the owner and creator of Tomahawk Targets, a company that makes axe-throwing targets and rental trailers. He developed these skills during his time in prison. He’s continuing his education at the University of Texas at Austin, where he’s majoring in kinesiology and minoring in entrepreneurship. Greg uses his platform to share his story and raise awareness about wrongful convictions. He’s a motivational speaker and participates in prison ministry.
