By Moses Leos III
Two years after the hit-and-run death of Phillip Duran, the man accused now stands trial.
On Tuesday, the trial of Nathaniel Eddleman, 19, began with the defendent pleading not guilty to the charge of failing to render aid, a third degree felony.
Eddleman is on trial stemming from the April 27, 2013 incident when Duran, a former Marine, was hit while jogging at night along FM 1626 in Kyle. According to the testimony of his brother, former Kyle Council member Chad Benninghoff, the route was one of several Duran took regularly.
The prosecution, led by Hays County District Attorney Wes Mau, painted the picture of the accident scene and investigation. The DA argued that Eddleman might have known more about what he hit on the night of April 27, 2013.
The trial, expected to continue through the week, is being presented to a 14-member jury, comprised of six men and eight women.
Prosecutors sent nine people to the witness stand Tuesday, including Rebecca Duran, Phillip’s mother, who broke down into tears as she described the “worst day of her life.”
Other witnesses included Forensic Pathologist Danielo Perez, who found rectangular shaped bruising on Duran’s thigh, among other lacerations and bruises.
He concluded Duran died due to a ruptured blood vessel in his right leg and that he might have died 10 minutes after the incident.
Former Kyle Police Officer William Lee Templeton testified to the debris left at the scene. Prosecutors then showed the body of Duran at the scene, drawing grimaces from several jurors.
Templeton also said there were no tire marks on the roadway or in the grass pointing to evidence of a vehicle stopping.
Others involved who testified Tuesday included Kyle resident Lila Knight and Hays High auto technology teacher Paul Anderlich. Knight confirmed that she discovered the black Chevy Suburban driven by Eddleman in the parking lot of Hays High.
Anderlich testified that Eddleman asked him about repairing front-end damage done to the vehicle, including a missing rear-view passenger side mirror found at the accident scene.
Dennis Collins, a friend of Eddleman who was not in the SUV at the time of the accident, said Eddleman told him after the accident that he hit something, but wasn’t sure what it was.
The defense countered by saying Eddleman had no idea what he had hit that evening. Eddleman told investigators he believed he hit a traffic sign. Todd Nickle, Eddleman’s attorney, said Eddleman was distracted with his phone and that he never saw anything behind him when the incident occurred.
The defense’s main argument to this point in the trial was that Eddleman’s demeanor was not consistent with hitting a person.
Collins said during Nickle’s cross-examination that Eddleman wasn’t nervous or upset. Eddleman also didn’t show signs of consuming alcohol, Collins said.
During cross examination by Nickles, Collins said no residue was found on the vehicle that was consistent with hitting a person, nor did Eddleman tell Collins he hit something other than a pole.
Eddleman’s trial will continue through the week. If convicted, Eddleman faces 2 to 10 years in prison.
