The Houston Chronicle
WHARTON, TX — About 325 Wharton County residents have been called to jury duty today in a second attempt to find the dozen people who will decide the fate of a man charged with murder in the 2007 death of the Needville school district police chief.
The first attempt to seat a jury failed because too many of the potential jurors had their minds made up that the defendant, Guillermo Paniagua, 30, was guilty, lawyers said.
Paniagua is accused of driving drunk when his car crossed the center line of a highway, hitting and killing 54-year-old police Chief Ernest Mendoza on Jan. 18, 2007.
Lawyers are hoping the second attempt at seating a jury will be a success.
“I believe there is a possibility to select a fair jury in Wharton,” said defense attorney David Kiatta.
The trial was supposed to start in October, but only 75 of the 250 people showed up for jury duty, said Becky Ivy, legal assistant to District Attorney Josh McCown.
After potential jurors were exempted or dismissed because of excuses, only 51 were left. Further eliminations dwindled the pool to 26, Ivy said.
At least 33 people are needed to select 12 jurors and an alternate because each side can strike 10 people from the list.
Because of the juror shortage, visiting judge Daniel Sklar granted the defense’s motion to change venues. The district attorney asked the judge to reconsider, saying a larger jury pool could have provided enough people for the panel.
“Had we had more people, we would have been able to seat a jury,” Ivy said.
Ivy said local news accounts of the pending trial had been published in the days leading up to the trial and and several people told the court they believed the defendant was guilty.
Kiatta said publicity about the trial, coupled with the small-town atmosphere of the county, makes it hard to find someone who does not have an opinion of the case.
“There is a natural tendency of people to favor police officers from the get-go,” Kiatta said Thursday. “A police officer was killed, so that makes the job of selecting 12 people who can put those deep feelings aside that much harder.”
Paniagua, a construction worker and resident alien from Mexico, had drunken driving convictions in Texas and Georgia, according to police and lawyers. Kiatta said the defense will dispute the official accounts of the accident.
“I believe the evidence shows that both cars crossed over the center line, and it is kind of a question as to who and why,” Kiatta said.
Mendoza had served as police chief for the Needville school district in Fort Bend County for 10 years.
Officials said Mendoza had worked security at a basketball game the night of the accident and was on his way home on FM 1301 and was only about a mile from his house.
His police car was westbound when he was hit by Paniagua, who was driving a Ford pickup. Mendoza, who was wearing a seat belt, was pronounced dead at the scene.
Copyright 2008 The Houston Chronicle