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| Democrat (Mount Clipping in Space Below) She CribuneDemocrat ‘Suspect: il can politician Wednesday, July 8, 1998 beat Fenton takes witness stand By TED ZELLEM THE TRIBUNE-DEMOCRAT A 41-year-old self-employed Geis- town general contractor denied Tuesday that he physically wanted to kill U.S. Rep. John P. Murtha, D- Johnstown, but admitted saying, “TI could! kill him in the election.” Donald Lee Fenton testified unshakingly in his own defense in U.S. District Court, Johnstown, on a charge of threatening to assault and murder a federal official. The prosecution and defense rest- ed their cases after his testimony and the case is expected to go to the jury of 10 women and two men today. Testimony also revealed Fenton verbally threatened to kill Randy Leventry, an insurance adjuster for Erie Insurance CO. gages “ve always been a career Republican. I changed to Democrat. I was going after Murtha from day one.” Donald Lee Fenton in Richland Town- ship, and employ- ees Of an auto deal- ership and “going to The Tribune- with guns ablazing.” Fenton denied all charges and con- tended his use of the word “kill” was a figure of speech. The defendant began his testimo- ny by telling of his own exclusive plan to revitalize the Johnstown area, complete with a mass transit system and ski resort to attract tourists. His plan including building a National Football League Stadium between Johnstown and Pittsburgh to coincide with the plan for high- speed rail service between the two cities. He said he presented his plans last year to an executive of Johnstown Area Regional Industries, former Johnstown City Manager Ken Gearhart, and a Richland Township * manager. Although he contended his eco- nomic development plan required no government money, he said he also wanted to consult with Murtha. After writing three letters to Murtha’s office, he arranged to meet with John Hugya, the congressman’s . aide, at the Incline Station Restau- rant. Fenton said he was disappointed Murtha was not present. He contend- ed that, during the session, Hugya indicated he wanted to “steal” the plans while two unidentified men arrived and watched the discussion. Fenton said Hugya went outside to his car and he later followed, fearing the two.men would shoot him. While trying to promote his eco- nomic development plan with gov- ernment officials, Fenton said he was discouraged by ‘government “red tape,” and decided to campaign - for Murtha’s office. “I’ve always been a career Repub- lican,” he explained. “I changed to Democrat. I was going after . Murtha from day-one.” Fenton’s fed- eral public. . defender attor- ney asked him to clarify. “TI was going after his job,” he responded. And Fenton told of many mechanical problems with his truck that he needed for his contracting jobs. He maintained he was being followed and there was.a conspiracy to prevent him from run- ning for Murtha’s congressional seat. Leventry was handling an insur-, ance claim for what Fenton claimed was damage to his truck by Carmen Wholesale Tires. The defendant said he grew frustrated that repeated repairs had to be made after the garage failed to refill the truck’s engine with new oil after removing the old oil. Before cross-examination began, Fenton’s attorney asked: “Did you ever threaten to kill Murtha?” The defendant said, “absolutely not.” The trial continues. at 9:30 am. ~ today with closing arguments. (Indicate page, name of Po. A2 newspaper, city and state.) THe TThrAhuse - D&arre enrar— JeoHarstews , PA 7/0/98 Date: Edition: THA _. WASHINGTON, D.c. 12/03/1997; CCSCAKA-THREAT or - MEMBER OF CONGRESS, - VICTIM; Classilication: Submitting Office: EGA -PG- @ yyco. _ Indexing: b6é b7c 9 A - SEARCHED =CE aL a ~ Te SERIALIZED "INDEXED. FILED, a — JUL 18 1998