Brian Day

A Seguin man accused of killing two people may be the first to face the death penalty in Guadalupe County.

Guadalupe County Attorney David Willborn filed paperwork this week indicating he intends to seek the death penalty for Brian Everett Day, 42.

Day, who was indicted in February of 2018, is charged with the shooting death of his neighbors, a married couple.

“Now comes the state of Texas by and through her prosecuting attorney and files this notice to the court and the defendant in the above entitled and numbered capital felony that the state will seek the death penalty,” read the document Willborn signed and submitted.

Willborn has said he will not comment on pending cases. However, he was available Friday to discuss death penalty cases in general.

“To the best of my knowledge, the state of Texas has never sought the death penalty in Guadalupe County,” he said.

He has never filed an intent to seek the death penalty notification, Willborn said. Nor has he or his Assistant County Attorney Jennifer Smith, who will help try the case, ever prosecuted a death-penalty case, he said.

There are attorneys in his office who have tried such cases, though, he said, and there are differences associated with death-penalty prosecutions.

“The process is a more arduous process to be sure it’s the right thing to do, and it should be,” Willborn said. “They’re exponentially more expensive, but I’ve prepared the county for the last two years that this is an option in this case. It’s been budgeted for.”

Since his arrest Dec. 22, 2017, Day has been in custody at the Guadalupe County Jail. He is being held under $2 million bond.

The capital murder of multiple persons charge he faces — and for which he possibly could lose his life if convicted — stems from an investigation that began the night of Dec. 21, 2017, when Guadalupe County Sheriff’s Office deputies received a report of a possible shooting in the 2100 block of Vivroux Ranch Road.

There deputies say they found the bodies of 29-year-old Thomas Holland and his 27-year-old wife Jenita Holland.

Authorities have accused Day of shooting the victims multiple times, killing them both.

Investigators did not publicly reveal a possible motive for the slayings at the time of Day’s arrest.

Guadalupe County’s jail website has Wendellyn K. Rush listed as Day’s defense attorney.

Calls for comment to Rush’s office Friday were not returned.

Dalondo Moultrie is the assistant managing editor of the Seguin Gazette. You can e-mail him at dalondo.moultrie@seguingazette.com .

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(3) comments

Shepard

Criminal. Pathetic. Egregious. A ‘what the heck’ epiphany.

And I’m not talking about the horrific crime committed by the defendant, I’m referring to the fact that we are at 2 years since the arrest and just now making the decision in whether or not to pursue the death penalty.

What ever happened to a system that moves for due process and swift justice. Either we are not expending the appropriate amounts to cover the required resources, or we have a fat lazy and inefficient system.

When I read an article about a murder that committed two years ago, the accused quickly apprehended and jailed, I should be reading about his conviction and sentencing.

I believe we need to look closer at the system, and the judges. Though I don’t believe it is ever appropriate to convict someone of a crime they did not commit, or retain someone in prison for two years without a trial and conviction; we need to provide the speedy trial necessary to get justice for all parties.

Let’s move this along please.

Shepard

By the way, what is the budgeted amount for this prosecution? How many more years will this add to the process? How many more attorney hours will this add? What are the chances of appeal based solely on the ‘death penalty’ label? How many more taxpayer dollars will end up being expended after a successful death penalty sentencing defending the sentence?

As a proponent of the death penalty myself, I’ve been in favor of pursuing this avenue for years, but with the issues, appeals and cost, it makes little sense when a case can be made to drive towards a ‘life without possibility of parole’ rendering. Though I hate having to say it, regretfully, between the terrible errors made in the past and the liberal ‘no one deserves to die’ crowd, the death penalty is simply becoming more of a problem than its worth.

Don’t waste our money or time.

Make a solid case, get a conviction for double murder, get life with no parole and quickly move to resolve the other cases pending.

ddbt01

While Shepard males a very good point, I wonder which option drains taxpayers more; The legislative costs of a Death penalty case vs the costs of housing, medical care, feeding a murderer for the rest of his pathetic life?

Also, I have to wonder why it has taken so long to get to this point? What's the problem in our court system that cannot provide a speedy trial? If this guy could have made his bond, he'd, potentially, be walking our streets the past 2 years; free to shoot more innocent people!

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