Jury selection scheduled in trial of ex-Baylor baseball player accused of killing cat
Jury selection in the trial of a former Baylor University baseball player charged with beheading a stray cat is set for Monday.
Derek Brehm is charged with Class A misdemeanor animal cruelty in McLennan County Court-at-Law Judge Mike Gassaway's court.
Because of the nature of the crime and the interest it has generated from the media and animal rights groups, Gassaway has ordered 50 prospective jurors to start jury selection instead of the usual 15, court officials said.
Brehm's co-defendant, former Baylor baseball player Clint Bowers, is set for trial April 1.
Brehm, a former pitcher from San Antonio, and Bowers, a former reserve outfielder from Robinson, are charged in a March 9, 2001 incident in which they reportedly shot, decapitated and skinned a stray cat near the Baylor campus.
The cat reportedly was named "Queso" by some employees of Taco Cabana restaurant near Baylor, where the cat hung around looking for food scraps and affection.
Prosecutors Crawford Long and Melanie Walker have offered no plea bargains to either defendant, saying the case should be decided by a jury.
Both men, through their attorneys, have indicated that they would plead guilty if their sentences would keep them out of jail.
"I think it is unfortunate that we have to go to trial," said Brehm's lawyer, Russ Hunt. "I think the boys did something that showed a lack of judgment, but I don't think they violated the law."
Both players have left the team. Brehm has moved back to San Antonio while Bowers remains a student at Baylor.
Sources close to the case say prosecutors are considering calling Bowers as a witness in Brehm's trial despite the fact that they are co-defendants. The prosecutors might offer Bowers what is known as "testimonial immunity," where he would be forced to testify but nothing he said could be used against him at his own trial.
Long declined comment about the case.
"Since the case is scheduled for trial, I feel it is inappropriate for me to make any comment at this time," Long said.
Waco lawyer Rod Goble, who represents Bowers, said he will attend Brehm's trial to see how things develop.
"From the very beginning, the actions of both kids have been lumped together," Goble said. "I am glad that they are finally being separated and that Clint will be treated for the matters he was involved in and not the other things that occurred."
Officials have said that Bowers reportedly shot the cat with a pellet gun and that Brehm decapitated it and skinned the head.
Hunt has said the cat was not tortured as has been alleged.
The pair were arrested after officers responded to a report that a gun was fired about 4 a.m. near the South Sixth Street restaurant. Officers were told that someone shot a cat, put it in a sport utility vehicle and drove off, Waco police said.
Officers stopped Brehm's Chevrolet Tahoe and saw what appeared to be blood on the door and steering wheel, according to police reports. Police found a severed, skinned cat's head in the back of the SUV, along with a pellet gun, a knife and a golf club that appeared to have cat hair on it.
If convicted, Brehm faces up to a year in the county jail and a maximum $4,000 fine.
The trial is expected to last about three days.
Tommy Witherspoon can be reached at [email protected] or at 757-5737.
-End of Article-
Jury selection in the trial of a former Baylor University baseball player charged with beheading a stray cat is set for Monday.
Derek Brehm is charged with Class A misdemeanor animal cruelty in McLennan County Court-at-Law Judge Mike Gassaway's court.
Because of the nature of the crime and the interest it has generated from the media and animal rights groups, Gassaway has ordered 50 prospective jurors to start jury selection instead of the usual 15, court officials said.
Brehm's co-defendant, former Baylor baseball player Clint Bowers, is set for trial April 1.
Brehm, a former pitcher from San Antonio, and Bowers, a former reserve outfielder from Robinson, are charged in a March 9, 2001 incident in which they reportedly shot, decapitated and skinned a stray cat near the Baylor campus.
The cat reportedly was named "Queso" by some employees of Taco Cabana restaurant near Baylor, where the cat hung around looking for food scraps and affection.
Prosecutors Crawford Long and Melanie Walker have offered no plea bargains to either defendant, saying the case should be decided by a jury.
Both men, through their attorneys, have indicated that they would plead guilty if their sentences would keep them out of jail.
"I think it is unfortunate that we have to go to trial," said Brehm's lawyer, Russ Hunt. "I think the boys did something that showed a lack of judgment, but I don't think they violated the law."
Both players have left the team. Brehm has moved back to San Antonio while Bowers remains a student at Baylor.
Sources close to the case say prosecutors are considering calling Bowers as a witness in Brehm's trial despite the fact that they are co-defendants. The prosecutors might offer Bowers what is known as "testimonial immunity," where he would be forced to testify but nothing he said could be used against him at his own trial.
Long declined comment about the case.
"Since the case is scheduled for trial, I feel it is inappropriate for me to make any comment at this time," Long said.
Waco lawyer Rod Goble, who represents Bowers, said he will attend Brehm's trial to see how things develop.
"From the very beginning, the actions of both kids have been lumped together," Goble said. "I am glad that they are finally being separated and that Clint will be treated for the matters he was involved in and not the other things that occurred."
Officials have said that Bowers reportedly shot the cat with a pellet gun and that Brehm decapitated it and skinned the head.
Hunt has said the cat was not tortured as has been alleged.
The pair were arrested after officers responded to a report that a gun was fired about 4 a.m. near the South Sixth Street restaurant. Officers were told that someone shot a cat, put it in a sport utility vehicle and drove off, Waco police said.
Officers stopped Brehm's Chevrolet Tahoe and saw what appeared to be blood on the door and steering wheel, according to police reports. Police found a severed, skinned cat's head in the back of the SUV, along with a pellet gun, a knife and a golf club that appeared to have cat hair on it.
If convicted, Brehm faces up to a year in the county jail and a maximum $4,000 fine.
The trial is expected to last about three days.
Tommy Witherspoon can be reached at [email protected] or at 757-5737.
-End of Article-