by ANDY SEVILLA
Authorities are questioning a Hays High School student and have seized his vehicle as Kyle Police believe it was involved in an apparent auto-pedestrian accident Saturday night that left a 37-year-old man dead near the intersection of FM 1626 and Kohler’s Crossing.
Phillip Duran’s body was found lifeless, lying in tall grass near a well-traveled intersection Sunday afternoon after his mother reported him missing at 9 a.m. Duran did not return home after his Saturday night jog and his brother, Chad Benninghoff, who was assisting police with the investigation, found Duran’s body at about 5:30 p.m.
Duran, who lives with his mother, was last seen by her at about 10 p.m. Saturday, just before he set out on a late-night run, according to Kyle Police Chief Jeff Barnett. Jogging in the evening or night hours was not uncommon for Duran, a city news release said. Benninghoff said Duran would park at the Hays Performing Arts Center and run along FM 1626.
Following up on several tips from the public, Kyle police found a vehicle at the Hays High School parking lot that matched the description authorities released Monday afternoon describing the potential automobile involved in the alleged hit-and-run.
A Monday afternoon city press release said police found vehicle parts at the scene that were believed related to the incident. Among the parts found, was a black side mirror that seemed consistent with those found on a 2000 to 2006 Tahoe, Suburban or Yukon.
Benninghoff took to social media to ask for the public’s assistance in finding the truck that he alleged struck Duran “and left the scene.”
“I last communicated with my brother Phillip Duran Saturday night. After talking about my torn calf muscle he said he was going for a run, which we both do late at night,” Benninghoff wrote on his Facebook page Sunday night. “Got a call at work from Mom Sunday morning asking if I’d seen (Duran). Advised her to call Kyle PD (police department) and local hospitals. Kyle PD searched most of the day. Got off work a couple hours early to help the search. After several hours, I found him on the shoulder south of Kohler’s Crossing on southbound 1626 murdered. Even though he was wearing his orange vest someone killed him and left the scene.”
Justice of the Peace Beth Smith, who ordered an autopsy, said a preliminary report had been conducted, but that information would not be released as the investigation is ongoing. Smith said a formal autopsy report should be available in a few weeks.
Barnett said his office was investigating all potential causes of death and had not ruled out a potential hit-and-run, death by natural causes or foul play as of Monday afternoon.
Authorities are not releasing the name of the 17-year-old Hays High student questioned in connection with the death, and no charges had been filed as of Tuesday evening. Barnett said his office is still gathering information and will conduct a forensic investigation on the student’s vehicle.
Benninghoff, who is in the midst of an election race for the District 3 seat on the Kyle City Council, said Tuesday that an unidentified witness saw what they thought was an accident at the scene where his brother was found dead, and the witness pulled over to see if anyone needed help. Benninghoff said the witness told him that the vehicle that allegedly hit Duran was swerving and then the witness saw the vehicle’s backlights move up and down as if it hit a bump.
Benninghoff said the witness talked to the group of individuals who were supposedly standing outside the vehicle looking in the grass. They told the witness they hit a deer and everything was fine, before they left the scene.
Barnett said they have made contact with a potential witness and are ongoing in their conversations.
Kim Hilsenbeck contributed to this report.
