Gough convicted of assault
Misdemeanor trial lasted all day, featured 16 witnesses
By LESTER MURRAY news2@kilgorenewsherald.com

In what might have been the longest Class C misdemeanor trial in the history of Kilgore, Fred Gough was convicted in Municipal Court Saturday of assault by threat against City Attorney Rob Schleier.

Ultimately, Gough was convicted of assault by threat and fined $450. Judge Glenn Phillips converted the fine to 72 hours of public service.

Separately, a number of complaints levelled by Gough against Schleier and Amanda Nobles, executive director of Kilgore Economic Development Corporation, were rejected by District Attorney William Jennings.

Jennings also rejected complaints Gough filed against two KEDC contractors. (See second story, at right.)

Charges against Gough were filed after City Attorney Rob Schleier complained that Gough assaulted him in December during a joint meeting of the City Commission and the Kilgore Economic Development Corporation.

The charge, assault by threat, carried a maximum fine of $500.

If anyone was keeping score, and this reporter was, you would have had a score card that read something like this: City Attorney Angie Konczak made 41 objections while the defendant, acting as his own attorney, recorded 7 objections; 16 witnesses actually testified, with more waiting in the bullpen.

The trial started at 10:15 a.m. and the verdict was brought in at 6:45 p.m.

At 7:10 p.m. the jury came back with the sentencing phase which gave the defendant a $450 dollar fine which Phillips converted to 72 hours of community service.

This morning Gough said friends have provided money to pay the fine. He will discharge the fine today and has decided, after consulting friends and family, not to appeal the verdict.

Gough did not take the witness stand but invoked his right not to testify.

Konczak said in her opening statement that the jury should disregard all the "rabbit trails" the defendant would be trying to take them down during this trial.

Witness after witness testified to what they saw, did not see, heard, did not hear under examinations that went from direct examination to cross examination back to re-direct and then back to re-cross almost throughout the entire trial.

Konczak made objections that ranged from relevance, asked and answered, to misstating the law. Gough objected to questions that he believed were leading.

Phillips, with an ever-so-calm demeanor, ruled on every objection - most of which were not in favor of Gough.

Gough asked most witnesses if they heard Gough threaten to "rip Schleier's eyeballs out and shove them down his throat" or threaten to "whip his ass." Of the 16 witnesses that testified, three testified they heard those threats - Schleier, Capt. Randy Hancock and Moore.

Dr. Dennis Nave, Gough's psychiatrist, testified to Gough's mental illness. "Gough has panic disorder, post traumatic stress disorder and intermittent explosive disorder," said Nave.

During Nave's testimony Gough attempted to bring up the fact he - Gough - was not provided an attorney. Konczak objected.

Phillips repeatedly told Gough that the law does not require the appointment of an attorney in a Class C case, but Gough continued to introduce his complaint that he was not provided an attorney.

Phillips told Gough to move on to another question.

When Konczak cross-examined Nave, the trial turned from almost-routine to a little ugly as Nave made statements under cross about the "level of egos involved in this case."

Nave recounted a conversation with Konczak in which, he testified, she told him that Schleier was going to make an example of Gough. "All Gough wanted to do was to apologize and make things go away," said Nave.

Konczak asked Nave if he advised Gough to apologize and Nave said he did.

Phillips asked Nave if he had anything to testify to about the assault charge or if he had any personal knowledge of the events that took place on Dec. 8 and Nave replied no.

The defense rested at 5:35 p.m. and Phillips ordered both parties to prepare to give closing arguments.

Konczak repeatedly told the jury during closing not to "go down those rabbit trails Gough introduced" during the trial but to listen only to the facts about the case in question, the assault of Rob Schleier by the defendant.

Several times during Gough's closing, Konczak objected, complaining that Gough was using his closing arguments to testify.

Finally, at 6:15 p.m., closing arguments were complete and within 30 minutes the jury returned and announced the guilty verdict.

Gough in his final statement to the jury said "God will make the final decision for us all" and, as Gough walked backed to the defendant's table, he stopped and glared at Schleier and Konczak seated at the pros