Second suspect in Kelley case will not likely be charged

Williamson County District Attorney Shawn Dick says Jonathan McCarty, although suspicious, will not likely be charged with child sex assault.

“When I have three suspects in a case, absent Jonathan McCarty confessing or some extraordinary evidence that we don't have right now, I don't see it possible for us to try Jonathan McCarty for this offense.

Greg Kelley was convicted for child sex assault in 2014 and sentenced to 25 years. At the time, authorities say he assaulted a child at a home daycare, operated by former friend Jonathan McCarty's mother. Kelley was released on bond in august. Kelley's lawyer brought forward evidence pointing at McCarty.

“We do have two individuals who say he confessed to them. You do have the fact that he looked alike, he had access to the children, he was in the home at the time the offense report said the offense happened,” said Dick.

But there are many questions remaining. McCarty may have evidence mounting against him, such as two people who said he confessed, his appearance, looking like Kelley and being home when the assault happened--but dick says it's not enough, and with three likely suspects, things are just too foggy.

“The child in that case said the name Greg, he did not say the name Jonathan, and that's never changed. The victim never physically identified the person he meant when he said the word Greg, so it leaves you with an unsatisfying result,” said Dick.

The third suspect remains unidentified. Kelley's case is now in the appeals process and is far from over. “The credibility of our justice system depends on our ability to prove cases beyond a reasonable doubt,” said Dick.