Man pleads no contest to aggravated assault; judge sentences him to two years

Eric Kelly pleaded no contest to aggravated assault with a deadly weapon in 2024 CR 010117 and was sentenced Thursday to two years in prison, the 187th District Court found.

The court accepted the state’s exhibits and stipulations and concluded there was sufficient evidence to find Kelly guilty. “Court is finding you guilty. Court will sentence you to 2 years in the prison,” the judge said, adding an affirmative finding that a deadly weapon was used.

The sentence runs with related county-court matters the court reviewed for consideration. The judge credited Kelly for time served and ordered no contact with a street location on Gateshead Road in San Antonio and with several named individuals. The court also noted the county court matter the judge was asked to consider in pronouncing sentence.

Court records and participants reported that Kelly has a history of lymphoma and currently has an enlarged lymph node near his eye; the judge asked that deputies and receiving staff note his medical issues when he is transferred to custody. The court directed the deputy to ensure the jail is aware of Kelly’s medical needs before transport.

Prosecutors told the court they had spoken with the complainant and considered the plea an appropriate outcome. Defense counsel waived reading of the indictment and confirmed the defendant reviewed discovery and waivers with counsel before entering the plea.

The court explained that, because this plea followed a plea-bargain agreement that included a waiver of appeal, the defendant did not have the court’s permission to appeal, and the judge warned Kelly he may not possess weapons following the felony conviction.

The court asked the clerk and deputies to ensure jail staff would not reject the defendant on transfer and to note medical conditions in the intake documentation.