RUTHERFORDTON – Tyler Dale McCurry, 27, convicted of the 2015 second-degree murder of 5-month-old Lebron Jay’den Reynolds, is expected to appear in court Monday for re-sentencing. Originally sentenced to 23 — 26.5 years for the baby’s death, the NC Court of Appeals determined that a prior conviction that affected his sentencing should not have been considered.T
McCurry’s re-sentencing is required due to a decision made by the North Carolina Court of Appeals. While McCurry was found guilty of possession of drug paraphernalia in 2012, his record does not specify what drug he had in his possession. In 2014, a change re-classified possession of marijuana paraphernalia from a Class 1 to a Class 3 misdemeanor. All other drug paraphernalia are still classified as Class 1.
In the original case Judge R. Gregory Horne sentenced McCurry according to the structured sentencing grid including the Class 1 classification. Defense Attorney Samuel Snead of Capital Defense in Asheville appealed the sentence stating that the Judge should not have based the sentence on the harshest crime, but should have been given the benefit of the doubt. The Court of Appeals agreed that the sentence needed revisiting.
On Monday, Judge Horne will hear arguments from both the State and the defense. The new sentence, according to structured sentencing, should be in the range of 16 to 20.25 years minimally and a maximum range of 20 to 25 years.
McCurry will be returned from prison to the RC detention sentence to be available for the Monday hearing.