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By SANDRA K. REABUCK | TRIBUNE-DEMOCRAT NORTH CAMBRIA BUREAU EBENSBURG — A Cambria Coun- ty jury could decide today whether Donald Fenton intended to terrorize an insurance adjustor when he made threats to kill the insurance company’s employees, U.S. Rep. * John Murtha and others in a Dec. 3 | telephone call. + Fenton, 42, of Geistown, already _has been convicted in U.S. District | Court in Johnstown for making | threats to kill Murtha, D-John- stown, in the telephone call and is awaiting sentencing on that charge. The conviction carries a maximum penalty of five years in prison and $250,000 in fines. On Tuesday, Fenton’s trial on state charges of terroristic threats, harassment and harassment by communications opened in county court with Randy Leventry, the Erie Insurance Co. adjustor, telling the jury about Fenton’s threats “to start killing people” in a telephone call that lasted less than 10 minutes. The state rested its case after call- ing Officer Kevin Price of the Stony- creek Township police to testify about Fenton’s admitting in a July proceeding that he had made the call and saying he had mvkA sent Cianina jn Soare Ra! | Geistown man awaits his fate Fenton phone call in question | wraps up its case and Judge Thomas Swope gives instructions in the law. In testimony Tuesday, Leventry said Fenton called about 6:30 p.m. Dec. 3 to complain about another problem with his truck, which had been in and out of repair shops for months ever since a garage - which had liability insurance with Erie - failed to replace the oil during an oil change and the engine was destroyed. Fenton, who said he needed his truck for his construction business, complained he was broke and had not eaten for three days, the adjuster recalled. When told to take the truck back to a Windber garage to be checked, Fenton told him he “had guns and’ ons o m® Nee (Indicat2 pape. name of p AGL 3 newspaper, city and size.) a THe TWihUME- Divi vend Jot sSTewen , . /Date: 9/ 2 / 9¢ Edition: JOHN P. MURTHA - MEMBER OF CONGRESS, WASHINGTON, D.C. - VICTIM; 12/03/1997; CCSCAKA-THREAT Classification: Submitting Office: b6 b7c bullets and was going to start killing - people,” Leventry testified. “He stated he believed congress- man Murtha was in a conspiracy with Erie Insurance and The Tri- bune-Democrat to ruin him....He stated congressman Murtha had stolen his ideas about the economic recovery of Johnstown,” Leventry said. “using psychological tactics” to steal his business, said the insur- ance adjustor. dant cannot be convicted of terroris- tic threats if the statements are made “in transitory anger.” Corco- yan did not say whether Fenton will take the witness stand as he had at his federal trial. The jury is expected to get the case by noontime after the defense crat had taken three months to pub- lish a letter that he had written to the Readers’ Forum, said Leventry. Fenton claimed Murtha was . ‘been “absolutely? = “Ele | stated in control of him- “He stated he was he was going to self when he : shoot Mr. talked to Leventry. going to shoot Mr. Murtha’s head The jury was not » off and Mr. told, however, that - Murtha’s head off (John) Hugya’s- Fenton’s admis- and Mr. John) head off,” Lev- sion came during ; ” entry said. his federal trial. Hugya s head off Hugya is an. Public defender can y eventry, aide to the con- Richard Corcoran Erie insurance Co. gressman. in his opening to adjustor Fenton was the jury said that . upset that The under law, a defen- Tribune-Demo- The letter was in the paper on the . day of the phone call, he said. “He said that he was going to go , down there (the newspaper) with guns blazing,” Leventry recalled. \ eowenmenre SEARCHED GEN --FOIMS_..-—-] SERIALIZED: Hie VAY PINDEXED ______ FILEDS A acca | SEP ~ 4 183 FBI -~ PITTSBURGH!