Koresh Brother-In-Law First Victim Identified -- Examiner Says Mail Carrier David Jones Died Of Gunshot

WACO, Texas - A mail carrier who David Koresh's lawyer said was tipped by a TV photographer to an imminent federal raid was the first cult member identified from the Branch Davidian compound.

David Jones, 38, was killed by a gunshot blast to the right side of his face, McLennan County Justice of the Peace David Pareya said yesterday.

Jones was a brother-in-law of Koresh. His body was the first of 44 recovered since the compound was destroyed in a massive fire April 19.

The mail carrier was one of 86 people thought killed after federal authorities tried to force cult members out with a tear-gas assault.

The disclosure came as autopsies proceeded on 44 bodies. Four more bodies have been found inside the bunker but have not been removed because of live ammunition inside.

Efforts to retrieve additional bodies were slowed while authorities sprayed for flies and arranged to clean up rotting food left when cans of food exploded in the intense heat of the fire.

2 died from gunshots

On Saturday, Medical Examiner Nizam Peerwani said two people had died of gunshot wounds to the head and five others had died of smoke inhalation.

Medical workers had said their "top priority" was to identify Koresh's body. Forensic dentists have obtained from an orthodontist "before" and "after" casts of Koresh's teeth, which officials said may be enough to make a positive identification.

Pareya said officials have enough dental records to identify 90 percent of the bodies.

Officials said yesterday that all of the bodies are badly charred.

Jones was identified after fingerprints and dental comparisons were made by the Fort Worth medical examiner's office.

A federal affidavit unsealed last week said Jones learned the compound would be raided and told the cult leader, who then was overheard by a federal undercover agent exclaiming that federal agents were coming to get him.

Federal officials and Koresh's lawyer say Jones was one recipient of tips that alerted the cult to the Feb. 28 raid, allowing them time to prepare an ambush for 90 Bureau of Alcohol, Tobacco and Firearms agents who were trying to arrest Koresh and search the compound.

Tipped by TV cameraman

The TV photographer, a member of a KWTX news crew, has acknowledged being among the Waco media representatives who staked out the compound Feb. 28 and witnessed the gun battle that left four ATF agents dead and 16 wounded. KWTX station executive, Tom Pears refused comment yesterday.

Houston attorney Dick DeGuerin, who represented Koresh, said he spoke with Jones about the tip when he visited the compound during the 51-day siege.

DeGuerin said Jones told him he had been driving a car with U.S. Postal service markings near the compound when he encountered a television photographer who appeared lost.

"The guy, looking nervous, said `Are you really a mailman?' " DeGuerin said. Once Jones confirmed he was, DeGuerin said, the photographer warned Jones.

Warning: gunfight

"He said, `There's going to be a big gunfight with these religious nuts over here. You better get out of here,' " the attorney said.

A federal affidavit alleges that Jones "arrived at the compound after learning that the compound might be raided that day," and warned cult members.

Law-enforcement officials have said Texas Rangers investigating the source of the tips also are examining calls to the compound in the hours before the raid from telephones owned by the Waco Tribune-Herald.

The newspaper began a series one day before the raid detailing allegations of child abuse and other wrongdoing in the cult.

One of 16 ATF agents injured in the raid has sued the newspaper, alleging it was the source of the tip. The newspaper has denied the allegation.

Law-enforcement officials said it may be impossible to determine whether anyone who tipped the cult committed a crime; without information from the cult, the officials said, proving the tipsters' intent may be impossible.

Meanwhile, investigators continued to rake through the rubble of the fire-ravaged Branch Davidian compound, searching for clues.