University Daily Kansan / Thursday, March 5, 1992
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Suspect, 19, will be tried as an adult in Bread case
By Ranjit Arab
Kansan staff writer
A 19-year-old Lawrence man pleaded no contest yesterday to a state motion that he be tried as an adult in connection with a murder committed two years ago.
At a closed hearing before Douglas County District, Judge Jean Shepherd, Marvin Schall agreed to be tried as an individual who was a minor when Christopher Bread died.
Schaal has been charged with aggravated vehicular homicide and leaving the scene of an accident in connection with the March 1990 death of Bread, 19. Autopsy reports show that Bread had a fractured skull and tire marks on his body.
Although Schalw was 17 years old at the time of Bread's death, the district attorney's office petitioned that he be acquitted because of the severity of the charges.
Because Schaal pleaded no contest to the motion, he will now face a trial by jury. Most cases involving minors are decided by a judge.
If he had been tried as a juvenile,
Schalai could have faced a maximum penalty of placement at the state Youth Center at Topeka until his 21st birthday.
If convicted of leaving the scene of an accident, a misdemeanor, Schaal would face a maximum sentence of one year imprisonment and a $2,500 fine. In Schaal's first appearance yesterday before Douglas County District Judge Ralph King, a preliminary hearing was set for March 12.
But because he will be tried as an adult, Schaal, if convicted of the felony homicide charge, would face a minimum of two to three years imprisonment and a maximum of five to 10 years imprisonment. The charge also carries a maximum fine of $10,000.
Bread was found dead in a ditch March 1, 1990, one and a half miles east of Lawrence on 15th Street.
Schaal was charged Sunday with the felony and misdemeanor charges in connection with the death. It was the first arrest made in connection with four unsolved deaths in 1989 and 1990 of American Indians in the Lawrence area. Bread was American Indian.
*a toruscal pathologist determined that Bread died from injuries sustained in a hit-and-run accident.
Carl Fleming, attorney for the defense, said Schaal could not post the $1,500 bond set by Shepherd. His bail was set at $15,000, but Schaal would only have to pay 10 percent to be released. He remained in Douglas County jail last night.
Fleming asked King to release Schaal on his own recognizance without having to post bail. King denied the motion.
"I am not going to second-guess the judge who set it," King said.
Fleming said he did not know how being tried as an adult would affect his client's case.
"I do not know if it is an advantage or disadvantage," he said. "But I know my client is not guilty and I know that is going to come out in court."
Rick Trapp, assistant district attorney, would not comment about the ruling.
Marilyn and Don Bread, the parents of Christopher, were not present at either hearing yesterday.
Judge sends Lawrence couple to jury trials for child's death
By Michelle Betts
Kansanstaffwriter
*A Douglas County District Court judge ruled yesterday that a Lawrence man and woman should stand trial by jury in connection to the death last month of a 23-month-old boy.
Donald Bruce, 29, and Wendy Brewer, 25, will have separate trials in connection with the death of Brewer's son, 23-month-old Eric Brewer. Brewer died of a ruptured liver Feb 5.
Bruce, who is Wendy Brewer's boyfriend, pleaded not guilty yesterday to a charge of first-degree murder and child abuse in the death. Historial scheduled for June 15 and he will be held without bond at Douglas County jail until then.
Brewer pleaded not guilty to a charge of involuntary manslaughter and has a trial scheduled for May 18. Brewer was released on bond.
Bruce's initial trial date was scheduled for May 4, but he waived his right to a speedy trial so further scientific tests could be conducted in his defense.
Attorneys for the prosecution and the defense gave their closing arguments yesterday after testimony was heard from witnesses for the prosecution and the defense.
Defense attorneys Harry Warren and Shelley Bock cross-examined David Davis, the Lawrence police officer, who pledged to swear Bruce twice after Eric's death.
Davis testified that Bruce told him that at one time during the evening of Feb. 4, he checked on Eric and the boy was wheezing. On Tuesday, witnesses testified that Bruce had played rough with the boy earlier that night.
Davis testified that Bruce said that he shook Eric and tried to make him breathe regularly.
He said that Bruce told detectives
that he used techniques similar to cardiopulmonary resuscitation, but that he could not fully revive Eric, who eventually stopped breathing.
Bruce then left Eric alone in his room, Davis said. Brewer found Eric the next morning and called an ambulance.
Detective Steve Zarnovic of the Lawrence police, who interviewed Wendy Brewer after Eric's death, testified that Brewer said that she did not hear any pounding or crying sounds when Bruce met him. But Bruce put Eric to bed early Feb. 5.
Zarnovic testified that Brewer said that she did not have any concerns about Bruce playing with Eric and that she had not questioned Bruce about Eric's death.
Jerry Wells, Douglas County District Attorney, said, "I don't believe there is any mother who would not intervene in some fashion to save her child from Donnie Bruce."
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1700 College
Topeka, KS 66621
(913) 231-1010
Ext. 1625