Bail stays set for post-Super Bowl shooting suspect

The Daily Inter Lake

Pointing to his violent criminal history and his current arrest for a "very, very serious offense," District Judge Kitty Curtis denied a request Thursday to reduce bail for Kenneth Kraus.

The 39-year-old Kalispell man is accused of shooting Steve Gengler, 44, of Columbia Falls in the back as Gengler sat in his van outside Kraus' home early on Feb. 5 after an argument at the Finish Line tavern.

He remains in the Flathead County jail on $100,000 bail, charged with attempted deliberate homicide.

Kraus, a foreman for an area road construction and gravel business, has three children with his wife of nearly 16 years. The daughters, aged 11, 8 and 6, live with them in their recently purchased home, 242 10th Ave. W. Kathleen Kraus called him a "great father" and a "great husband."

Defense attorney Glen Neier contended Kraus cannot afford bail. Deputy County Attorney Dan Guzynski said he does have resources.

Kraus admitted to details of a 2001 conviction for assault with a weapon. He and his wife had been arguing at their home. His wife later testified on his behalf, saying she had been drinking with a friend and that she had pursued him when he wanted to quit arguing.

Kraus said he walked to a back room to get his work clothes ready, and grabbed his tool belt. As he turned back to her, he said she kicked his groin.

He said he grabbed the nearest thing available, a hammer, and threw it at her. It broke her elbow. When she was taken to the emergency room, the police were called.

In cross examination of Kathleen Kraus, Guzynski said her initial statement to police indicated she had been hit twice with a hammer. She said she did not recall that, but did recall minimizing the entire event.

He also said Kraus' initial statement did not indicate she actually kicked his groin. Kraus said he did not recall that, either.

Although Kraus successfully completed probation, Guzynski noted he violated his promise not to drink alcohol.

Guzynski brought up a 1999 assault conviction, again for an attack on his wife. Kraus said he had wanted to leave but she would not let him, so he called police. One of them had to be arrested, he said, so he went into custody.

Guzynski also referenced pages of earlier traffic violations, a 1992 theft conviction and two other offenses in 1991.

Neier questioned Kraus about the Feb. 5 shooting. Kraus said he and Gengler - both percussionists - had contact only when he saw Gengler playing in a band at a bar.

Since being jailed, Kraus' phone conversations with his wife included references to packing up and leaving. Kraus told Guzynski he meant the family probably would have to move away after everything was resolved.

His reference to "running," he said, was his explanation to his wife that a property bond is held "in case you run." He said his parents and other family give him reason to stay here.

In an early call from jail, Kraus told his wife to contact Gengler. Kraus said it was to see how he was doing.

Making a connection between Kraus' drinking and his violent behavior, Guzynski noted Kraus' house is very close to the Finish Line. Kraus told his wife he may have to move to his parents' home.

In another call, Kraus asked his wife to get character references from his boss and co-workers. Guzynski said he later used foul language to denigrate those who did not provide letters.

Guzynski also said Kathleen Kraus made no attempt to get such letters from a couple who are the Krauses' two closest friends. She told Neier detectives talked with them immediately after the shooting and she did not know whether they would be a good reference after that.

Guzynski quizzed her about marijuana seeds found at the house. She said she had bought a small amount to help with her seizures and headaches.

Kalispell police detective Jim Brenden testified that, in his questioning of the close friends, the man said Kraus should not have guns especially when he's been drinking. He said he begins to act like a bully when drinking, calling his wife foul names.

The friend estimated Kraus drank 20 beers that Sunday, while the friends were guests at Kraus' home to watch the Super Bowl, Brenden said. He also testified that the friend said Kraus is passionate about sports and was upset that the Chicago Bears lost.

After the game and the friends' departure, Kathleen Kraus said she and her husband left the children sleeping and went to the Finish Line. There, they encountered Gengler.

Brenden said Kraus told his wife their jail calls were being recorded, that "it's not smart to talk about things on the phone" and "we'll talk about things later." Brenden said Kraus, in a phone call with his wife, recapped her statement to police but she disputed the details.

A pretrial conference is scheduled May 2. Trial is set for the June 4 term.