ARCHER COUNTY ( KFDX/KJTL ) — A man sentenced to 85 years in prison by an Archer County jury after they found him guilty of fatally shooting a Holliday man in the head is now appealing his conviction.

Stephen Joseph Parsons, 36 , was convicted of murder on November 1, 2023, and sentenced the next day to 85 years behind bars for the fatal shooting of 55-year-old Gary Kuykendall in front of a residence in the 100 block of Pecan Road in Holliday on May 26, 2022.

Although Parsons admitted to shooting and killing Kuykendall while he was very drunk and upset about his job, he is appealing his conviction and sentence, claiming the trial court refused to present the lesser-included offense of manslaughter as an option to the jury.

From fatal shooting in 2022 to fleeting trial in 2023

Authorities responded to the scene on South Pecan at around 6:20 p.m. on May 26, 2022, for reports of a gunshot victim. When they arrived, they found Kuykendall lying on the ground with a gunshot wound near the center of his forehead. He was pronounced dead at the scene.

Parsons, who was arrested at the scene shortly thereafter, admitted multiple times to shooting Kuykendall as soon as authorities arrived, claiming that he “got drunk and shot a man,” according to the arrest affidavit.

The trial of Parsons in the 97th District Court of Archer County was brief, with testimony beginning on Tuesday, October 31 , and both the prosecution and Parson’s defense resting the very next day.

During the testimony phase of the trial, it was revealed that there was “no bad blood” between Parsons and Kuykendall and that Parsons wasn’t even mad at Kuykendall on the day of the fatal shooting, but that Kuykendall had essentially been in the wrong place at the wrong time.

Testimony revealed Parsons went to his mother’s home after becoming very drunk and angry about his job. While at his mom’s house, Parsons became upset, got his gun, and came back and shot Kuykendall, who had reportedly tried to calm down Parsons.

The six men and six women of the jury deliberated for just over an hour before returning a guilty verdict on Wednesday, November 1.

After Parsons took the stand in his defense during the punishment phase on November 2, the same jury deliberated for about an hour and a half before returning an 85-year sentence.

Parsons doesn’t dispute fatally shooting Kuykendall

On Thursday, July 18, 2024, Parsons’ appeal attorney Robert Estrada filed a brief with the Second Court of Appeals in Fort Worth, requesting the court reverse Parsons’ conviction and remand the case for a new trial.

In the appeal brief, Estrada said that the issue presented has nothing to do with whether or not Parsons actually shot and killed Kuykendall and that “the evidence is undisputed” that Parsons did fatally shoot him.

“The tragedy unfolded toward the end of a day marked by a pattern of reckless behavior by the appellant, Stephen Joseph Parsons, that included the dangerous combination of extreme alcohol consumption by a disgruntled, suicidal man with a gun,” the appeal brief said.

The brief said before the fatal shooting, Parsons drove at a high rate of speed on a busy highway and later injured his own mother as she tried to stop him from driving while angry and drunk.

“During the commotion, Gary Kuykendall, a neighbor, approached the events [and] was shot and killed by the defendant,” the appeal brief said. “Evidence showed that Parsons was aware and intentionally disregarded the known risk to life and limb with alcohol and a firearm.”

Appeal claims lack of lesser-included offense is the issue

Estrada said in the appellant brief that Parsons is challenging the trial court’s refusal to include a lesser charge of manslaughter for the jury to consider during their deliberation.

“Did the trial court abuse its discretion by denying the defendant’s request for an instruction on the lesser-included offense of manslaughter?” Estrada asked in the brief.

According to the brief, the evidence presented in Parsons’ trial was enough that a jury could have rationally found him guilty of manslaughter rather than murder. The brief said Parsons’ defense requested an instruction to the jury on manslaughter, but it was denied.

The brief claimed that “manslaughter differs from murder only with regard to the culpable mental state”, adding that, according to the Texas Penal Code, murder requires a defendant to knowingly and intentionally cause someone’s death while manslaughter requires that a defendant recklessly causes someone’s death.

According to the brief, Texas case law states that a defendant is entitled to a lesser-included instruction when it is shown to be a valid alternative to the greater crime.

The brief said manslaughter is “a valid and rational alternative to the primary offense” of murder, and because the request to include that option was denied, the jury had no way of returning a manslaughter verdict, leaving Parsons with an “all or nothing” defense.

According to the appeal brief, because Parsons suffered “some harm”, the case “must be reversed and remanded for a new trial.”

Next steps in Parsons’ appeal process

The prosecution now has until August 19, 2024, to file its response to Parsons’ appeal, pending any extensions that may be granted before then. After the state files its reply, Parsons will have the opportunity to respond.

Oral arguments were not requested by Parsons. After all briefs are filed by both parties, the case will be submitted to the appeal court judges to determine whether the conviction will be reversed or upheld.

Parsons is currently incarcerated at the Allred Unit in Wichita County, where he awaits the final opinion from the Second Court of Appeals

This is a developing story. Stick with Texoma’s Homepage for updates as more information becomes available.

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