The Seguin Gazette-Enterprise from Seguin, Texas • Page 1

Serving Seguin and Guadalupe Countv Vol, 89 Friday, January 21, 1994 500 List of potential shortened B.y, BOB TMAXTON JSfews Editor selection proceedings were scheduled to resume at 9 a.m. today trial of Kenneth Allen Mcpuff accused of kidnap- llh'g, raping and killing an Austin Wjb'iTian. trial was moved to Seguin because of excessive prejudicial Retrial publicity in Austin, and County officials in early January mailed out jury summonses computer-generated list of 325 le. total of 151 prospective jurors snowed up at the courthouse Thurs- 'djjy' morning, and District Judge Splford Flowers granted exemp- tiOhs or disqualifications to 68 of More than 100 previously had returned their jury summons, claiming exemption or disqualification. remaining group of 83 pros- pe'ctive jurors asked to fill out Sfiil-page questionnaire asking 65 (jUestions and to leave the completed questionnaires with court per- SSnnel before departing from the courthouse Thursday afternoon.

were instructed to return at 9 r. asm, Friday. attorneys for the state were going through the 'jjjSe'stipnnairest Thursday afternoon, aficl based on the attorneys' evaluation of the responses, some of the prospective jurors could be chal- feliged for cause Friday morning. any such challenges are reserved, the remaining group of prospective jurors will be provided with a schedule for individual interviews which are expected to be conducted at the rate of six to eight per day for about two weeks. Testimony is expected to begin on or about Monday, Feb.

7. Travis County Assistant District Attorney David Counts indicated that the state would seek the death penalty, and McDuff has pleaded not guilty to the indictment originally returned April 23 and the rein- dictmenl handed down Oct. 26 by the Travis County grand jury. The indictment accuses McDuff of capital murder, aggravated kidnapping and aggravated sexual assault in the death of Colleen Reed, 28, who was abducted on Dec. 29, 1991 from a car wash on Fifth Street in Austin.

The indictment was enhanced by 16 prior felonies including a conviction for murder with malice in October 1968 in Tarrant County. In that case, involving the slaying of three teen-agers, McDuff was sentenced to die in the electric chair; however, when the U.S. Supreme Court in 1972-overturned all pending death penalties, his sentence was commuted to life in prison. His prior felonies include a July 1982 conviction for bribery in Brazoria County, a case in which McDuff was found guilty of attempting to bribe a parole officer. Despite that conviction, he was released on parole in 1989.

His other priors are 12 offenses of burglary, one conviction for felony theft arid one fot attempting to commit burglary, all in January 1965 in Falls County. McDuff's hometown of Rosebud is located in Falls County. Officers have searched a rural area in Falls County for the body of Reed. Though the body has never been found, McDuff was implicated by Alva Hank Worley who admits he participated in the abduction of Reed. Texas law prohibits conviction of a defendant based solely on the testimony of an accomplice, and prosecutors have said little about what will be presented as evidence to corroborate Worley's testimony.

However, court documents indicate that bits of hair found during searches of a 1985 Ford Thunderbird owned by McDuff have been determined to "exhibit the same microscopic characteristics" as hair samples from Reed. Three bits of hair were recovered from the back seat and one from the trunk of the Thundcrbird. Other corroborating evidence might include the testimony of several people who told of seeing two suspicious men in a car in the vicinity of the car wash on Dec. 29, 1991, Court documents also show that a 23-year-old San Antonio man claims to have heard incriminating statements by McDuff while both of them were inmates at the McLennan County Jail in Waco. Chief deputy increases security as iq h-rof i le case Bj ERIC P.

JENSEN StaffVrtifer Where there is normally one bailiff, there are now four deputies sec- uring.the third-floor courtroom. Jury selectipii i for the trial of twice- Qonvicted killer Kenneth Allen McDuff began in the Guadalupe County Courthouse Thursday and, to a chief deputy with the County Sheriffs Depart- security 1 plans have so far run Harless, in charge of sec- 'uffty during the McDuff trial, said Friday that potential jurors, media personnel and courthouse visitors have been very cooperative. 'iWhen you have so many (potential) jurors, so many people who don- 1 know where they're going, you have to try to accommodate them," HarJess said. "With some 150-200 peqple, you have to make exceptions." After potential jurors had been seated for two hours Thursday morning, several exited courtroom doors and sought restrooms. Deputies at the door directed those people to nearby facilities and answered visitor inquiries while monitoring courtroom access.

Two deputies are posted at the front entrance to the third floor courtroom and access to the rear door is limited. Once testimony begins in two or three weeks, a deputy may be posted at the rear door, he said. Additional deputies are assigned to McDuff's transport. 'The courthouse has a lot of entrances, we can't lock them," the chief deputy said about security plans. "We also have to keep hand- Four put on probation defendants received prob- sentences in district court conducted Wednesday.

A. Van Raub, 17, of SjSiertz received 10 years probation deferred adjudication on an indictment charging him with three counts of burglary of a habitation. Judge Cus J. Strauss also Van Raub to pay a $1,000 deferred adjudication is Ranted, no final judgment is entered in court records and the defendant can become eligible to hl've the original charge dismissed after the probationary period is completed. Lee Wynne, 22, of Rich- ffijyid received three years probation deferred adjudication on a Charge of possession of a controlled Instance, less than 28 grams of pSJi) (lysergic acid diethylamide).

also ordered Wynne to pay a $1,500 fine and $140 in restitution. Frank Guardiola, 18, of 501 E. Walnut, received five years probation with deferred adjudication on a charge of possession of a prohibited weapon. District Judge Dwight E. Peschel also ordered Guardiola to pay a $1,000 fine and to forfeit the weapon, a sawed-off shotgun.

Ruben Salas Arce, 43, of Route 6, Seguin, received five years probation with deferred adjudication on a charge of possession of a controlled substance, less than 28 grams of cocaine. Peschel also ordered Arce to undergo electronic monitoring, to pay a $1,000 fine and to pay $140 restitution. Arce's indictment was enhanced by a prior felony, a conviction for possession of marijuana in August 1975 in 25lh District Court, Guadalupe County. icapped access open." Harless said no threats have been received, but should any incidents occur; "we'll just deal with it as it happens." Once testimony gets under way, he said, it's possible movement on the third floor may be restricted. "But people still have to do business here," he added.

"We can't restrict them." Harless' job is to assist State District Judge Wilford Flowers "in any way possible" and to help deputies in their security of the courthouse. The chief deputy will probably move around the courthouse some but his main responsibility is inside the third floor courtroom. Sheriff Melvin Harborth talked with Harless briefly Friday morning and said he would be "in and out of the courthouse" during the jength of the trial. The 47-year-old McDuff is being tried on a capital murder charge in the death of Colleen Reed of Austin, whose body has not been found. Obituaries Pg.

2 Sports Pg. 3 Comics Pg. 4 Church Pgs. 6-7 Image Pg. 8 Classified Pgs.

9-12 Outlook: Today, cloudy and cold with an 80 percent chance of rain; high in the low 50s; northeast winds at 10-15 mph. Tonight, cloudy with a 70 percent chance of rain; low in the mid 40s; northeast winds at 5-10 mph. Saturday, cloudy with a 70 percent chance of rain; high in the low 50s; east-southeast winds at 5-10 mph. DEFENSE ATTORNEYS Chris Gunter (above left) and Andrew Forsythe pause for news media questions on their way Into County Courthouse before jury selection began Thursday morning in the capital murder trial of Kenneth Allen McDuff. Though reluctant to discuss trial.

strategy, Gunter told reporters: "We're tickled pink with Seguin. and we're 9 County. AIso'arrivTrfg 'at the courthouse (left in photo at right) was Lori Bible, sister of the victim, Colleen Reed, a 28-year-old accountant who disappeared Dec. 29, 1991 from an Austin car wash. "This is the beginning of the end, the start of the final chapter," Bible told reporters.

The state is seeking another death penalty against McDuff who last year was sentenced to die by a Houston jury that found him guilty of capital murder in the death of a Waco convenience store clerk. (Staff photos by Steve Boehm) Pizza delivery driver hospitalized after assault by man carrying knife News Editor A pizza delivery driver was hospitalized after being attacked Thursday night by a knife-wielding assailant who apparently was trying to rob him. David Keith Fuller, 23, of Stockdale, was listed in satisfactory condition this morning at Guadalupe Valley Hospital, according to a spokesperson at GVH. Police said he had suffered a stab wound in the left leg. Two officers, Cpl.

Tom Meeley and Mike Watts, were dispatched at 11:59 p.m. Thursday in response to a 911 call from a resident of the 600 block of Stratton Street who reported hearing what sounded like a prowler outside the house. Upon arrival, Meeley and Watts found an injured man lying on the driveway at the side of the residence. He was described as bleeding from the leg and lapsing in and out of consciousness. He subsequently was identified as Fuller, a delivery driver for Domino's Pizza, 1007 S.

Guadalupe. Seguin Emergency Medical Service transported Fuller to the emergency room at Guadalupe Valley Hospital where he later was admitted for treatment. Fuller told police he had been attacked in the 800 block of Kunkel Street. He said he had just delivered a pizza to a residence on Kunkel and was walking back to his pickup when a car, described as a small tan or beige hatchback, pulled up beside him. A passenger, who was described as a black male, emerged from the hatchback and asked Fuller a question which he couldn't understand.

Asked to repeat the question, the man asked something about the person to whom Fuller had delivered the pizza. However, Fuller said he became concerned because while speaking to him the man was pointing to a house other than the one where he had made the delivery. Suddenly, the man lunged towards Fuller, and a struggle ensued. The man held a small folding pocketknife which Fuller tried to take away from him but couldn't. "Give me the bag! Give me the bag!" Fuller said the assailant yelled over and over again.

Since he carried no bank bag or money bag, Fuller was uncertain what the man was asking for. Finally, Fuller managed to break away from the assailant and get into his pickup, driving east on Kunkel. As he drove off, Fuller realized that blood was running down his leg. He pulled over near the corner of Kunkel and Stratton and approached a house, banging on a rear window. An occupant of the house, thinking a prowler was outside, telephoned 911.

Police, who categorized the incident as aggravated robbery, said this morning that the case was still being investigated. Council action will move fireworks stands further down the road BARRY HALVORSON Writer sy can't make them go away complete- t)ut the Seguin City Council took action night aimed at making the buying of tfijfeworks more inconvenient, particularly Ejypumg people. i council approved a recommendation prohibits fireworks stands from being Ited less than 5,000 feet from the city its, at the very edges of its extra- terjitorial jurisdiction. Under Texas law, have limited control over the use of in their ETJ to control development in i of future annexation. In requesting the action, City Manager Jake Krauskopf reminded the council that fireworks are banned inside the city limits and those fireworks brought into the city are automatically illegal and represent a danger.

He cited statistics that in 1993 alone, there were 641 fireworks related fires in the state, a number of series injuries and at least one fatality, which occurred in San Antonio. He said despite the danger, they are attractive to some people and are easily abused. "We spend $5,000 a year on a fireworks show for the Fourth of July," Krauskopf observed. "And even then, we have some people in the crowd setting them off at the display." Staff and council alike were supportive of the request. Seguin police chief Gary Hopper said part of the problem is that the closer the fireworks stands are to the city limits, the easier it is for youths, the biggest violators of the ban, to obtain them.

"With the change, we can cut out kids riding up to a fireworks stand and buying them," he said. "New Braunfels has the same kind of regulation and have indicated that it has helped. With a lot of the violations, the kids have them (fireworks) and their parents don't even know about it." Councilman Sam Flores said he would support any action that can make the community safer. "If this makes them less accessible, then I feel we have an obligation to do it," he said. "I also feel we need to enforce the ordinance better.

Firecrackers can be a lot of fun until someone gets hurt." Voicing his objection was Morgan R. Steffens, who leases a portion of his land at the intersection of Highway 123 Bypass and Highway 90 for a fireworks stand. He said if people wanted fireworks, they were going to get them. Steffens feels he is being targeted by the city. "If people have got them for sale, people are going to get them one way or another," Steffens said.

"There is nothing you're going to be able to do about this as long as they are for would be behind this 100 percent if (fireworks) were outlawed in the state, but I don't feel that (the council) should be picking on me since they aren't." According to staff estimates, (here were an estimated eight fireworks stands operating within the radius during (he last year..