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.


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(1) comment


One minute of research pulled up this Guadalupe County death penalty case history: Ed Wills was executed on 11 Jan 1895. Ellis Misebel was executed on 12 Jan 1900. Albert Varner was executed on 16 Feb 1912. Will Hemphill was executed on 26 Feb 1915. All were convicted of rape. All were Black.

I can see why they might not want to remember those death penalty cases.

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