Murder Conviction Upheld, Sentence Overturned

Nov 27, 2008 Full story: Tyler Morning Telegraph 100

The sixth court of appeals in Texarkana upheld the first-degree felony murder conviction of Michael Alan Loun, Henderson, but overturned his sentence and remanded the case for a new punishment trial.

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Time for Justice

Henderson, TX

#1 Dec 3, 2008
Part 1) For the family of Trey LePelley III, life must be like a horror movie. The kind where, just when you think it’s finally over and the exhausted collateral victims can pick up the pieces of their mutilated lives, a new atrocity lurks just around the corner. Trey was shot dead by Michael Alan Loun, a man unknown to him. A man who had been laying in wait for his own girlfriend’s ex-boyfriend to show up and give him an opportunity to kill him. After Loun had purchased several hundred rounds of ammunition and practiced shooting for many hours, the ex-boyfriend failed to show up for what Loun had invested quite a bit of time, money, and energy into planning.
Time for Justice

Henderson, TX

#2 Dec 3, 2008
Part 2) He must have been sorely disappointed when his planned victim never showed up to be righteously slaughtered. Enter Trey LePelley, who simply wanted to speak to his own girlfriend after having had a spat. Wrong time, wrong place. Trey’s girlfriend was visiting Loun’s girlfriend, the one who had stirred Loun into a murderous state of mind. Apparently anxious to take the law into his own hands, Loun wanted to kill an abusive boyfriend, and he was tired of waiting. Loun couldn’t kill his own girlfriend’s ex, so he did the next best thing.
Time for Justice

Henderson, TX

#3 Dec 3, 2008
Part 3) The killing didn’t end there in the doorway of the apartment when Loun fatally shot Trey twice in
the chest and once in the back. Since that night, Trey LePelley’s character has been assassinated. He was not here to defend himself from the accusations and implications dished out liberally by his murderer’s slick lawyer, Daryl Bennett (the go-to guy when one is guilty as sin). Bennett has quite effectively demonized the dead boy, Trey, who, as the District Attorney explained during the murder trial, brought a beer can to a gun fight. Trey LePelley had no way of knowing that he was walking into the path of a murderous ex-Army Ranger who was armed and itching to kill somebody.
Time for Justice

Henderson, TX

#4 Dec 3, 2008
Part 4) All Trey wanted to do was make up with his girlfriend. He’d been invited there, and that was all he expected would happen. He was greeted in the doorway by an armed man who shot him dead, and who has called it good ever since.
Also murdered that night were the hopes and dreams of Trey’s family, and his future family that will never be. His little sister’s life and sense of place and security in the world was altered, the devastation of which she struggles with to this day. Anyone who has a family they love would understand the grief of dealing with the loss of any member. A young life, stolen away is that much more agonizing and difficult to deal with.
Time for Justice

Henderson, TX

#5 Dec 3, 2008
Part 5) So, imagine having to sit through a trial where your murdered child is misrepresented as a person who deserved to die. Not once, not twice, but three times. The second trial resulted in the proper conviction of murder which has since been upheld on appeal, but it took a third trial to produce the inadequate sentence of 10 years. Ever diligent in his effort to nullify the jury’s conviction, Bennett wants another opportunity to malign Trey LePelley and let his cold blooded killer out of prison on probation. The payoff for Bennett is that every person who kills someone inside their home in Texas will hire him for defense. He has no regard for the life of the boy who was murdered or why, his only goal is self promotion.
Time for Justice

Henderson, TX

#6 Dec 3, 2008
Part 6) Now Trey’s family will sit through another sentencing trial. Once again they will experience the death of their beloved son/grandson/brother/cousin/ne phew. They will cringe and struggle with the bitter tears brought on by having to hear their dear Trey maligned and misrepresented, and not be able to jump up and defend him from the injustice of exaggerations. Like the visceral gut reaction of watching an older show where the Twin Towers of the World Trade Center still stand, they will suck back the gasp of fresh pain in an old and ghastly wound. I can only hope that this is God’s answer to those who have prayed for justice for Trey. Would it not be a fitting end to this travesty for Michael Loun to receive a sentence appropriate to his conviction of murder? Maybe he would express regret after 25 years, or 50? If not, he should spend a lifetime in prison for the life he stole from Trey LePelley, his family, his community, and an unknowable future that will never be.
Please

Tyler, TX

#7 Dec 3, 2008
Please pray for Trey's family. No one should have to go through what they are going through.
Oh please

Henderson, TX

#8 Dec 3, 2008
Michael Alan Loun, what about him? What about how this ruined his life because some drunken girlfriend beating idiot wouldn't leave a private home when asked? Don't you dare just see this one sided but that is how this piss ant town is! Many lives were changed by this not just the LePelly's. Their daughter sure has made the family name a good one lately hasn't she?

Since: May 08

AOL

#9 Dec 3, 2008
Oh please wrote:
Michael Alan Loun, what about him? What about how this ruined his life because some drunken girlfriend beating idiot wouldn't leave a private home when asked? Don't you dare just see this one sided but that is how this piss ant town is! Many lives were changed by this not just the LePelly's. Their daughter sure has made the family name a good one lately hasn't she?
"Michael Alan Loun, what about him?"
What about the wimp?
He layed in the brush and took a inocent unarmed persons life.
He should get the death penalty. JMO!
Hellcat

Prattsville, AR

#10 Dec 3, 2008
Too many trials. :( I'll say a prayer for both families.
Time for Justice

Henderson, TX

#11 Dec 3, 2008
Oh please wrote:
Michael Alan Loun, what about him? What about how this ruined his life because some drunken girlfriend beating idiot wouldn't leave a private home when asked? Don't you dare just see this one sided but that is how this piss ant town is! Many lives were changed by this not just the LePelly's. Their daughter sure has made the family name a good one lately hasn't she?
Thank you for making my point for me. The abuser that Loun had prepared himself to kill and was laying in wait for was not Trey! It was the abusive and violent ex of Loun's own girlfriend. So, you think it was all right for this ex Army Ranger to spend days preparing himself to "defend" his girlfriend with a deadly weapon. No heads up to the police that he expected trouble, because he wanted the satisfaction of killing someone. But the guy he was waiting for never showed up. Well, lets hope that the next time someone decides they have a right to kill someone that it's not you, or your brother who gets in the way of their rage. Then everyone can sit back and watch you struggle with the aftermath like a bug on a pin. And, if you can't manage to handle that situation graciously and without stumbling, then perhaps you too can be declared deserving of the loss of your life, or that of your loved one by people who have no idea of what they are talking about. How dare YOU!
Get your facts straight

Dallas, TX

#12 Dec 3, 2008
Time for Justice wrote:
<quoted text>
Thank you for making my point for me. The abuser that Loun had prepared himself to kill and was laying in wait for was not Trey! It was the abusive and violent ex of Loun's own girlfriend. So, you think it was all right for this ex Army Ranger to spend days preparing himself to "defend" his girlfriend with a deadly weapon. No heads up to the police that he expected trouble, because he wanted the satisfaction of killing someone. But the guy he was waiting for never showed up. Well, lets hope that the next time someone decides they have a right to kill someone that it's not you, or your brother who gets in the way of their rage. Then everyone can sit back and watch you struggle with the aftermath like a bug on a pin. And, if you can't manage to handle that situation graciously and without stumbling, then perhaps you too can be declared deserving of the loss of your life, or that of your loved one by people who have no idea of what they are talking about. How dare YOU!
You really need to get your facts straight before posting so much incorrect information in an already inflammatory situation. Loun had not been out "preparing for days" to shoot his girlfriend's abusive exboyfriend. If you were in the courtroom and listening to the testimony you would know that Loun and Clark were going to the shooting range the day after this incident had happened - and had not gone before. You would have known that Clark was concerned - not about an exboyfriend - but some local boy who beat the heck out of a girl at a party and no one had the gumption to either stop the guy or call the cops and Clark did - and she was the only one that testified against him and when he got out of prison he was the one that was threatening her. But Loun wasn't lying in wait for him - he was taking Clark to be prepared in case she needed to defend herself and her son. Sorry to burst the bubble on your big conspiracy theory. And by the way - the police had been contacted about the guy being out and threatening Clark.

It's a sad and unfortunate situation for EVERYONE involved - please quit making it worse.
Time for Justice

Henderson, TX

#13 Dec 3, 2008
I WAS in the courtroom during one of the trials and I heard and watched Michael Loun explain how he prepared himself for a confrontation with someone who was after his girlfriend. I'm sure if the police knew he was sitting there all day with a loaded gun in reach they would have discouraged him from doing that. I don't know what you mean by my big conspiracy theory. All I am saying is Michael Loun sat there waiting with a gun and killed the wrong guy. That he is a cold blooded murderer is not in question, he was convicted of first degree murder and that conviction has been upheld. What is sad and unfortunate is that he has no remorse for his killing some kid he didn't even know, who had no way of knowing what he was walking into. It is sad and unfortunate that he and persons such as yourself think he should get to walk away from that. A boy is dead, so how can my words make that any worse? I'm not the one trying to justify a murder.
wicked

Jacksonville, TX

#14 Dec 3, 2008
loun was convicted of 2nd degree murder you idiot. get your facts straight before you start posting up all this bs. you must be from carlisle too. its amazing what that town spits out.
Get your facts straight

Dallas, TX

#15 Dec 3, 2008
Time for Justice wrote:
I WAS in the courtroom during one of the trials and I heard and watched Michael Loun explain how he prepared himself for a confrontation with someone who was after his girlfriend. I'm sure if the police knew he was sitting there all day with a loaded gun in reach they would have discouraged him from doing that. I don't know what you mean by my big conspiracy theory. All I am saying is Michael Loun sat there waiting with a gun and killed the wrong guy. That he is a cold blooded murderer is not in question, he was convicted of first degree murder and that conviction has been upheld. What is sad and unfortunate is that he has no remorse for his killing some kid he didn't even know, who had no way of knowing what he was walking into. It is sad and unfortunate that he and persons such as yourself think he should get to walk away from that. A boy is dead, so how can my words make that any worse? I'm not the one trying to justify a murder.
Loun wasn't preparing himself for a confrontation - he was trying to ensure that Clark was able to protect herself and her child - even with the police notified they weren't going to sit outside of her work or home. If you heard the testimony you would know that he hadn't been "sitting there all day". That would imply something completely different than what the testimony was. The conspiracy theory I was referring to is this story you are perpetuating that he was plotting to do in Clark's "ex boyfriend" - which was not what he was doing.

Yes, Loun was convicted - the testimony also involved perjury by more than one person - but that will be for other courts to decide. And unless you know Loun personally how do you know about remorse or lack thereof?

When I said make things worse - I was referring to taking partial or incorrect facts and creating a imagined story based upon those partial or incorrect facts.

I didn't say I was trying to justify murder - I was simply asking that you refrain yourself to the facts.
Well Actually

Henderson, TX

#16 Dec 3, 2008
wicked wrote:
loun was convicted of 2nd degree murder you idiot. get your facts straight before you start posting up all this bs. you must be from carlisle too. its amazing what that town spits out.
I got my facts from the Tyler Paper
http://www.tylerpaper.com/apps/pbcs.dll/artic...

Apparently you believe that persons from Carlisle deserve to be murdered, maligned, and ridiculed.
The fact that matters to me is that Trey LePelley was murdered. And that people like you think his killer should not pay for that. With the hatred you seem to have for all things Carlisle, I guess you would give the guy a medal instead of the time in prison that he deserves for murder.
Time for Justice

Henderson, TX

#17 Dec 3, 2008
Get your facts straight wrote:
<quoted text>
I didn't say I was trying to justify murder - I was simply asking that you refrain yourself to the facts.
All right, I will focus on the most basic and irrefutable facts.
Fact: I heard with my ears and watched with my eyes, Michael Loun in court describe how he had prepared himself and his girlfriend for a confrontation with someone other than Trey LePelley. I listened to him respond to the question of whether he was sorry he killed Trey, and I heard his answer that he was not.
Fact: Trey LePelley was shot three times by Michael Loun and he is dead.
Fact: Michael Loun was convicted for that murder.
Fact: His murder conviction was upheld on appeal.
Fact: Trey, his family, and friends have a right to see that justice be carried out. They have a right to expect that. However, they accepted the inadequate sentence of 10 years silently. They gave the matter over into God's hands. Now Loun wants to be resentenced and get probation. They will now have to go through the ordeal of reliving the nightmare all over again. I pray that God's answer to their seemingly endless season of mourning, strife, and grief will be to see that the murderer gets a real sentence.

Get your facts straight

Dallas, TX

#18 Dec 3, 2008
Time for Justice wrote:
<quoted text>
All right, I will focus on the most basic and irrefutable facts.
Fact: I heard with my ears and watched with my eyes, Michael Loun in court describe how he had prepared himself and his girlfriend for a confrontation with someone other than Trey LePelley. I listened to him respond to the question of whether he was sorry he killed Trey, and I heard his answer that he was not.
Fact: Trey LePelley was shot three times by Michael Loun and he is dead.
Fact: Michael Loun was convicted for that murder.
Fact: His murder conviction was upheld on appeal.
Fact: Trey, his family, and friends have a right to see that justice be carried out. They have a right to expect that. However, they accepted the inadequate sentence of 10 years silently. They gave the matter over into God's hands. Now Loun wants to be resentenced and get probation. They will now have to go through the ordeal of reliving the nightmare all over again. I pray that God's answer to their seemingly endless season of mourning, strife, and grief will be to see that the murderer gets a real sentence.
Do you want to list the facts that you left out? That Trey entered a house that he was told not to enter and to leave - repeatedly?(Castle Law) That he had three times the legal limit of alcohol in his system - having an altered state of mind changes people from the person that you know into someone else? That Trey hadn't taken prescribed anti-depressants for at least three months? That Trey actually reached out and touched the firearm and escalated the situation? That Miranda could have gone outside to talk to him at any point and chose not to? That he had been physical with Miranda in the past by her own admission?

And Loun was going to prepared his girlfriend for a potential confrontation - there is a difference.

And I do feel for the loss that the LePelley family feels - no matter what road anyone took in life that was their child - and I wouldn't presume to try to change your opinion - obviously you are close to the family if not one of them, but please realize that situation applies to both sides - just like the facts are perceived differently by both sides.
hey

Henderson, TX

#19 Dec 3, 2008
maybe he'll get 20 years this time, he's taking a risk going back to court, he'll be up for the full range of punishment again.
Hellcat

Prattsville, AR

#20 Dec 3, 2008
Time for Justice wrote:
Part 3) The killing didn’t end there in the doorway of the apartment when Loun fatally shot Trey twice in
the chest and once in the back.
The newspaper article said he was shot three times in the chest.?

I think shooting a drunk man three times is overkill. I wonder if Loun was in Iraq.:( That might explain, but not excuse, some things.

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