Almost nine months after the brutal prison-yard slaying of Earl Krugel, the longtime No. 2 man in the Jewish Defense League (JDL), federal authorities have indicted an inmate with no apparent ties to Krugel.
The suspect, David Frank Jennings, 30, allegedly attacked Krugel from behind with a piece of concrete hidden in a bag while Krugel was using an exercise machine at a federal prison in Phoenix.
The indictment, issued by a federal grand jury on July 19, offers neither details nor motive, asserting that Jennings "with premeditation and malice aforethought willfully kill[ed] and murder[ed] Earl Leslie Krugel."
Jennings is the only person charged in the killing, which took place in plain view. Authorities contend that Jennings acted alone.
"He was the only one charged. There was no conspiracy," said Ann Harwood, a spokesperson for the U.S. Attorney's office in Phoenix, Authorities would say little else, including anything about the motive of the alleged killer, a small-time repeat offender with nothing in his rap sheet to suggest either this level of violence or any particular animosity toward the 62-year-old Krugel.
Krugel had been transferred to the Federal Corrections Institute (FCI) Phoenix, a medium security prison, just three days before the assault. To date, there is no indication that Krugel and Jennings knew each other. "My husband was brutally murdered just a few days after he was sent to that prison," Lola Krugel said. "He wasn't there long enough to make any deadly enemies."
At the time of the attack on Krugel, Jennings was serving a 70-month sentence at FCI Phoenix for a 2003 bank robbery in Las Vegas, which netted him $1,040. Because Jennings had threatened the teller during the robbery, authorities eventually extended his plea bargain sentence from 63 months to 70 months.
Jennings, who lived in Oregon before moving to Nevada, has multiple convictions, but court records reviewed by The Journal did not indicate any association with racist or anti-Semitic groups in or out of prison.
In 1993, Jennings was convicted in Oregon on an Assault III charge; a "class C" state felony, which resulted in an 18-month state prison sentence. In 1994 he was arrested and convicted for unauthorized use of a vehicle and sentenced to six months in jail. In 1995, a probation violation cost him another six months.
He had apparently moved to Nevada by 1996. That same year he was arrested and pleaded guilty to state charges of grand larceny and unlawful possession of a credit card, for which he received a sentence of 16 to 72 months in state prison.
Krugel was transferred to the Phoenix facility to serve out the balance of a 20-year sentence, following his negotiated guilty plea to conspiracy, weapons and explosives charges. The high-profile case against Krugel and the JDL involved an abortive bombing plot against possible targets that included a Culver City mosque and the field office of Rep. Darrell Issa (R-Vista), an Arab-American of Lebanese descent.
A fitness fanatic, Krugel was using exercise equipment when he was blind-sided between 4 p.m. and 6 p.m. on Nov. 4, 2005. Details of the assault did not emerge in previous reports; a review of the autopsy depicts a vicious attack.
His main injury was the initial blow to the back of his head, which crushed the left side of his skull and severely damaged his brain and brain stem. But his attacker also delivered multiple blows to Krugel's skull, face and neck, according to the autopsy, which was performed by the Maricopa County medical examiner and obtained by The Journal. Krugel suffered multiple skull fractures, internal bleeding and multiple lacerations to his head, face and brain. The beating knocked out teeth and also fractured one of his eye sockets. Krugel was pronounced dead at the scene.
His death marked the violent end, in prison, for both local leaders of an organization that advocated the use of violence, as necessary, in defending the interests of Jews. JDL head Irv Rubin died in 2002, at 57, from injuries he suffered after jumping or falling from a railing inside the Metropolitan Detention Center in Los Angeles. Authorities ruled Rubin's death a suicide, though family members contested that finding. Krugel, a dental technician by trade, was Rubin's longtime close friend and second-in-command.
Krugel and Rubin were arrested in late 2001. They were accused, in the months following the Sept. 11 terrorist strikes, of plotting violent revenge against Muslims and Arabs. No attack was carried out. Krugel spent four years in federal lock-up in Los Angeles. It was the resolution of his case, with the guilty plea to reduced charges, that landed him in Phoenix.
Lola Krugel said she's relieved that someone has finally been charged in her husband's murder. But she and Krugel's sister, Linda, both expressed frustration and anger over the time it took to make an arrest, as well as the FBI's unwillingness to share information with the family.
"He did it right there in the open," said Lola Krugel, referring to the attacker. "There had to be witnesses and cameras. So why did it take so long for them to charge this man?"
The delay was not foot-dragging but a desire to get it right, said Patrick Snyder, assistant U.S. Attorney in charge of the criminal division in the Phoenix office: "Since the murder occurred in prison, we know the assailant is already in custody. So we're not under the same kind of time pressure to make an arrest that we are when a killer is still at large."
Lola Krugel filed a wrongful-death claim against the federal government in February, which has since been denied. The family says it's now preparing to file a civil lawsuit. The rejected claim had asked for $10 million for personal injury and $10 million for Krugel's wrongful death.
"It's an 'outrage figure,'" said family attorney Benjamin Schonbrun, a partner in the Venice-area firm of Schonbrun, DeSimone, Seplow, Harris and Hoffman. "A figure to illustrate the outrage Lola Krugel feels over the murder of her husband, plus the anger she felt over her inability to get any information from the government."