NACOGDOCHES, TX (KTRE) - Shortly after a jury was selected in the case of a Nacogdoches man who is accused of shooting and killing two men at the Eastwood Terrance apartment complex in January 2014, the discovery of new evidence in the case prompted a continuance.
Dacobie "Gutter" Durden, 38, appeared in Judge Edwin Klein's 420th Judicial District Court Monday morning.
After the jury was selected, Nacogdoches County District Attorney Nicole LoStracco announced that her office had discovered new evidence in the case on Saturday. LoStracco said that a recorded eyewitness testimony and an interview with Durden were recovered from corrupt files.
Defense attorney John Boundy made a motion for a new trial, and Klein ordered a continuance in the case. The court will re-select another jury at 8 a.m. on Dec. 14, and the trial is scheduled to start at 1:30 p.m.
Durden is accused of shooting two unarmed men. The three men were once friends, but they also had crime and prison time in common. The victims were Deveston Flemon and William "Trey" Cole. Flemon was shot in the head and Cole was shot in the back.
"I think he got shot up in the area but was trying to make it to the car," said Lonnita Daniels, Cole's cousin.
According to the arrest affidavit, an eyewitness told police that Flemon and Durden got into an argument, and then Durden shot the other man. The investigation confirmed that Cole tried to run away while Durden continued to fire.
Nacogdoches Police Department detectives recovered a handgun in a wooded area near the crime scene, and they believe it is the weapon used in the double homicide.
Durden is still being held in the Nacogdoches County Jail on two capital murder charges. No bail amount was ever set, according the Nacogdoches County Sheriff's Office Web site.