From the Officer of District Attorney Micheal Murray, a Brown County Jury found James David Harvey guilty of the November 23, 2023, murder of Richard Kittle on Friday, July 25.

The jury heard evidence that Harvey and Kittle had gotten into an argument while the two had been drinking beer at Harvey’s apartment. Harvey admitted the two had voluntarily traded blows several times that evening. During the final episode of the night, Harvey admitted that he “lost it” and snapped. Harvey slammed Kittle on his head on a concrete walkway multiple times, as well as kicking him, striking him with his fist and elbows. A medical examiner from Dallas testified that Kittle suffered a basilar skull fracture, a fractured orbital bone, a fractured cheek bone, a broken nose, and multiple brain bleeds located in multiple levels of the brain. Dr. Righi testified that Kittle died as a result of multiple blunt force injuries to the head and that the manner of death was ruled a homicide. Harvey had claimed self defense during an interview with a detective following the crime. Harvey failed to notify the police and left Kittle to die in an outside stairwell. Police followed Harvey’s bloody footprints back to his apartment and Harvey was found sleeping inside. DNA evidence proved the blood on Harvey’s foot to be that of Kittle.

The defendant elected to have District Judge Mike Smith to assess his punishment. During punishment, the State put on evidence that the defendant had twice before been to prison. One of those convictions was for retaliation where the defendant threatened to kill an Austin Police Officer along with the officer’s family due to the officer arresting him. There was also evidence presented that the defendant threatened the mother of his children with a rod and a knife because he had suspicions that the pregnant woman was impregnated by somebody else. The woman suffered minor cuts and escaped at a red light from inside the car where the assault took place. Brownwood Police Officers testified to numerous arrests of the defendant where he was a danger to the public. The Court also heard testimony concerning several incidents of domestic violence. The defendant was on probation for Deadly Conduct at the time of the murder.

The defendant testified at punishment and admitted to striking Kittle with a cinder block which was found near his body. Harvey also admitted to smoking Delta 8 on the night of the murder. Harvey asked the Court for leniency and requested a sentence of seven years. The State requested the court to sentence Harvey to 60 years. The Court imposed a sentence of 35 years. Harvey will have to serve at least half of the sentence before he can become eligible for parole. The State was represented by District Attorney Micheal Murray, Assistant District Attorney Cara Landers and First Assistant District Attorney Elisha Bird.