Whoops...



Zuni Thunderbird Ashley Lementino (33) steals the ball from Wingate Lady Bear Nicole Mose (42).

Photo by Douglas Tesner

 

---

---

Chavez gets acquittal on rape count

Andrea Egger
Staff Writer

GALLUP — Lawrence Chavez was acquited on one rape charge and a mistrial was declared on a second Saturday, but he was found guilty of breaking and entering, aggrevated burglary and kidnapping.

Chavez, 41, was found innocent of one charge of criminal sexual penetration but the jury couldn't decide on the second and District Judge Grant Foutz called a mistrial on that charge.

Jurors did find Chavez guilty of breaking and entering, aggravated burglary and kidnaping a 50-year-old woman in her home at D & S Trailer Park on June 4, 2001. The three felonies together mean Chavez could face 19 years in prison, District Attorney Karl Gillson said Monday.

Gillson and Assistant District Attorney Bernadine Martin prosecuted the case, with Robert Aragon of Gallup as defense attorney for Chavez.

Since one charge of criminal sexual penetration resulted in a hung jury Gillson said after talking to the victim that he is not going to pursue another trial.

The trial was over when rough sex can be considered rape and when "no" means "no" in a relationship between two people who have a history of domestic violence.

The trial began Tuesday and jurors began deliberating at noon Friday.

At 5:30 p.m. Friday jurors asked for more time and the judge sent them home until 8 a.m. Saturday when they came in with a verdict around noon.

The woman is glad Chavez wasn't acquitted of all charges and faces prison, but she was upset that the rape charges weren't upheld, Gillson said. "It is very difficult and I'm sure it will continue to be difficult for the victim and her family to understand what occurred" in the jury room, he said.

Chavez and the woman had been dating since July 2000, Gillson said. During their relationship the woman reported Chavez for battery and obtained a protective order against him, according to court documents.

On May 30 a judge added to the order that the couple could live together as long as no repeated incidents of domestic violence occured. Gillson said the woman got the addendum at Chavez's insistence.

But it didn't last long. The next week, the woman ordered Chavez out of her home because of an incident of unreported battery.
Gillson said that she stayed with her sister or her neighbor after ordering Chavez out of her home, because the front door was broken and could be opened simply by pushing on it. "She was fearful of staying in her own home," he said.

Just after midnight June 4 the woman and her neighbor finished putting a new front and back door on the trailer. "She ignored her neighbor's plea to stay with her. She wanted to stay in her own home, in her own bed,"Gillson said.

Around 3:30 a.m., she was awakened by Chavez punching her in the face. She had left her bedroom window open because it was a hot night and Chavez took off the screen and climbed through the window.

According to the sheriff's report, Chavez pinned her down on the bed and told her, "I better not lose my job or my truck."

She told deputies she blocked her face with her hands but he punched her so hard that he pushed her hands into her face and still caused facial bruising. Then she said he raped her.

She said she didn't fight the rape because she'd already been beaten and didn't want to be beaten again.

Gillson said the woman testified that Chavez remained in her trailer with her pinned to the bed, until he raped her a second time at 5:30 a.m. "He didn't even let her get up to go to the bathroom," Gillson said.

According to testimony Chavez then got up and prepared to go to work.

The woman's neighbor testified that she got up around that time and saw Chavez's truck parked in front of the woman's home, Gillson said. She sent her husband to the woman's trailer and called 911.

The neighbor's husband saw the woman's bruises on her hands and face and got in an argument with Chavez, Gillson said. A few hours later, deputies arrested Chavez at work.

Dr. Kathy VanOsten of Gallup Indian Medical Center testified about the "defensive" wounds on the woman's face and hands, the kind that occur when someone tries to ward off a blow, Gillson said.

VanOsten testified that the night of the attack, the woman had raw, red skin on her cervix with some tearing of skin there, suggesting she'd been raped. But VanOsten on cross-examination the injury could have occurred during rough, consensual sex.

Gillson described Aragon's defense as, "my guy's not a nice guy, but he's not a rapist."Aragon could not be reached for comment.

No matter the outcome of the trial, no one can tell the woman she wasn't raped, Gillson said. "She testified, quite understandably, that even to this day, she breaks out crying. She doesn't like being alone. She wakes up to the slightest sound. She's always looking over her shoulder," Gillson said. "To this day, she's afraid of the defendant."

| Top |

---

Grants may get power plant

Tom Purdom
Staff Writer

GRANTS — Like the peanut butter and jelly concept where one compliments the other, BTU (Peabody Energy) began to think about a coal-fueled electrical generating station near its huge Lee Ranch Coal Mine well more than a year ago.

Called the Mustang Energy Project, a proposed 300-megawatt coal-fueled electricity generating power plant is not even in infancy yet, but rather it could be said the project's parents are still in a mating dance with the idea that something wonderful could be born.

The first real indication that the project is on the drawing board will come if Peabody Energy drops off a volumes-long air quality permit application at the New Mexico Environment Department's Air Quality Bureau in Santa Fe.

Beth Sutton, Peabody's public affairs director would not commit to anything definitive when it comes to Mustang Energy Project.

"We're in the very early stages of exploring this project," she said.

But like peanut butter and jelly sandwiches, the more BTU officials think about the concept, the better it tastes.

BTU, also known as British Thermal Unit, a measure of heat, is the New York Stock Exchange call letters of Peabody Energy, the world's largest coal company.

Peabody owns Lee Ranch Coal Mine about 35 miles northwest of Grants. Peabody Energy bought the 170-ton coal reserve mine in 1993 and is now one of the larger employers in the area.

Lee Ranch coal mine this year shipped some 6.5 million tons of coal, which is a 20 percent increase over last year's tonnage and it has long-term supply contracts with Tucson Electric Power Co., Western Fuels and Arizona Public Service Co.

The mining has been going on for years, but the Mustang Energy Project ... well, this is something brand new. Sutton doesn't even like to call it a proposal yet.

The Mustang Energy Project concept would provide ample power give heat, cooling, lighting and cooking electricity to some 300,000 families. Mustang Energy would be about 15 miles from the Lee Ranch Coal Mine, a surface mining operation which would supply the one million tons of coal a year for heat to power huge turbines which turn armatures needed to produce electricity in generators.

Sutton said Grants would be a direct beneficiary of the operation.

"Most of the people who work at the mine now live in Grants and spend their money there," Sutton said.

She added that the power plant and mine would create an estimated 150 to 200 new, permanent jobs and during construction it would add about 750 more jobs during an estimated three-year building process. She said when the construction is done and the power plant is on line, it and the additional miners would pump some $15,000,000 annually into the local economy.

Sutton said Grants would have a "closer proximity than any other town" to the mine and power plant.

Peabody experts just didn't sit around in leather chairs at the company headquarters in St. Louis one day and decide to build a new power plant north of Grants.

Economy and the determined will to make more profits were driving forces behind the concept.

A Peabody prospectus ranks New Mexico as one of the nation's fastest growing states with a 20 percent increase in population this past 10 years.

Peabody experts say that right now the state produces enough power to have a surplus of electricity and as a result, exports electricity to Texas, Arizona and California. Company official contacted the U.S. Energy Information Administration to find out that New Mexico's demand for electricity grew by 5 percent, which is double the national average. This growth pattern shows that in fewer than 10 years, New Mexico will not only eat up the surplus electrical power it now has, but would need to import electricity, according to the Peabody prospectus.

New Mexico has 15 big electrical power generating stations which can supply 5.3 million homes with ample electricity for normal demand. According to Peabody, 70 percent of the capacity comes from New Mexico's three coal-based generating plants.

The Peabody prospectus states that the nation's electricity demands will grow by 43 percent over the next 20 years. It also states that coal-based generation supply just 50 percent of America's electricity demands.

With rolling blackouts slamming population centers during peak demands, "these circumstances have forced the power industry to take a hard look at its future demand and supply balance," the prospectus states.

It is these factors which put Peabody's energy-wise birddogs onto hard point at the Lee Ranch Coal Mine and Mustang Energy Project. Sutton said Peabody's power generating operations are not being done at the expense of the environment.
Lee Ranch Coal Mine has an award-winning land reclamation record and the Mustang Energy Project could possibly use pulverized coal technology and specialized scrubbers to clean smoke stack emissions.

According to the Environmental Protection Agency, even though coal use has tripled in the last three decades, emissions from coal-based electricity was lowered by 20 percent in the process.

Discussions with city of Grants and Cibola County officials, and city of Gallup and McKinley County officials have been low-keyed to this point, Sutton said. Should Peabody decide to go ahead with the project it could come soon.

"If a formal document permit is submitted we would anticipate submitting it in the first quarter of 2002," Sutton said.

| Top |

---

'Outstanding Wrestler' goes to Shiprock's Nate King

Carrie Loretto
Sports Editor

KAYENTA, Ariz. — Shiprock's Nate King was named an Outstanding Wrestler and three area grapplers captured individual titles at the Monument Valley tournament in Kayenta Saturday.

King, went 4-0 through the 152 lbs. division to capture the title at that weight class. His performance led the Chieftains to the area's top team finish as Shiprock finished fifth in the 24-team meet.

Monticello, Utah had five individual titlists to win the team title with 220 points. Bloomfield was second (166), Mesquite third (160), Cortez fourth (152.5) and Shiprock fifth with (148.5). Chinle (128), Piedra Vista (126), Bayfield (118), Dolores County (97) and Pinon (94.50) completed the top ten.

Other area teams competing were Kirtland 11th, Greyhills 12th, Tuba City 16th, Ganado and Monument Valley tied for 17th, Rough Rock, Chinle's JV, Valley, and Monument Valley's JV.

King took down Kirtland's Jake Collins in the championship match. He also beat Ganado's Thomas, Tuba City's Vincent Saganisto and Jonathan Richards of Red Mesa on his way to his first place finish.

Chinle's Evan Tracey also captured an individual title, scoring a major decision over Steve Montoya of Piedra Vista. Tracey went 4-0 in the tournament with two pins and a couple of major decisions.

Kirtland's Sheldon Howard took top honors in the 275 lbs. division, pinning William Stone of Piedra Vista. Howard went undefeated at 4-0 in the tournament all on pins.

Shiprock also had a pair of runner-ups with Orlando Franklin at 125 lbs. and Brian Jack at 189 lbs. Also placing for the Chieftains were Jon King, fourth at 119 lbs.; Eric Yazzie, fifth at 275 lbs.; and Valentino Tulley, tied for fifth at 103 lbs.

Khayam Riggs of Tuba City finished eighth in the 103 lbs. division. Bloomfield's Justin Darby won the division, pinning Cody Dennison of Cortez.

Danathan Sanchez of Chinle placed seventh at 112 lbs., beating Ganado's Hubbard. Tyler Hare of Bloomfield won the division with a decision over Mesquite's Richard Byrd.

At 119 lbs., Kirtland's Marcus Young placed third with a decision over King. Chinle's Randy Yellowhair placed seventh with a pin over Matt Ott of Cortez. Andy Butler of Monticello decisioned Kyle Riddell of Dolores County to win the division.

In the 125 lbs. division, Pinon's Cody Nez placed sixth getting pinned by Chad Butler of Monticello and Carlando Dodson of Greyhills pinned Eddie Halper of Dolores County JV for seventh place. Lyle Benally of Cortez won the division pinning Franklin.

Greyhills' Roman McCabe placed third in the 130 lbs. division that was won by Cortez' Tyler Gray. McCabe scored a major decision over Aaron Gaskill of Mesquite. Isaac Torres of Shiprock tied Darrel Muniz of Bloomfield for fifth and Kirtland's Kyle Blackwater pinned Drew Buffington of Delores County JV for seventh place.

Pinon's Lyle Nez pinned Red Mesa's Vincent John in the seventh place match of the 135 lbs. division.

Red Mesa's Eric Tapaha captured runner-up honors at 140 lbs., getting pinned by Monticello's Mark Snyder in the division finals. Josiah Edsitty of Shiprock and Brian Johnson of Pinon tied for fifth, while Greyhill's Merle Smith pinned Chinle's Marcello Chester in the seventh place match.

Dion Yazzie of Pinon also made it to the 145 lbs. division finals, getting pinned by Thomas of Whitehorse. Tuba City's Brandon Williams tied for fifth and Devere Francis of Greyhillls was eighth.

Also placing at 152 lbs., Thomas of Ganado decisioned Andy Spruell of Cortez in the third place match. Tuba City's Vincent Saganisto finished seventh, pinning Barney Begay of Monument Valley.

Chinle's Ronald Jumbo lost by major decision to Kyle Curtis of Monticello in the 160 lbs. finals to finish second. Dylan Grey of Greyhills beat Connrey Benally of Cortez for fifth place and James of Ganado topped Dan Burbank of Mesquite for seventh.

Nelson Hanley of Chinle finished fifth at 171 lbs., pinning Josh Douglas of Kanab. Pinon's Seaton Clark finished eighth losing to Russell Armenta of Bloomfield. T.C. Garcia of Monticello captured the division with a decision over Piedra Vista's Tom Warner.

Also in the 189 lbs. weight class, Wilmer Yazzie of Red Mesa tied for fifth and Chris Yazzie of Tuba City placed seventh with a decision over Kyle Kraftka of Dolores County. Jerome Casaus of Bloomfield won the division.

Pinon's Henderson Nez was the final area grappler reaching the finals of the 215 lbs. division. He was pinned by Jeff Blankenagel of Monticello to finish second. Chinle's Nathaniel Ibarra reached the third place match which ended in forfeit and Monument Valley's Carlton Tsinnijinnie finished seventh with a pin of Tuba City's Reuben Begay.

Also at 275, Jonavan Deal of Red Mesa finished fifth.

| Top |

---

New charter school gets OK by board

Zsombor Peter
Staff Writer

THOREAU — The Middle College High School charter application was unanimously approved Monday by the Gallup-McKinley County school board. And board member Bill Bright said the charter school sets the district on its way to achieving an educational first in New Mexico.

A task force consisting of Bright and supporters of the new school hammered out the application's details during two meetings that brought about a number of changes to the original Oct. 8 application, University of New Mexico - Gallup professor Joe Sweeney told the board.

The board approved the task force's application, despite Assistant to the Superintendent Angelo DiPaolo's recommendation for approval "on good faith" to address concerns he voiced over language dealing with such issues as transportation and background checks on student mentors...

| Top |

---

---

Deaths

Loretta Cunejo

GALLUP — A traditional wake for Loretta Cunejo, 54, was held today at the family home, Zuni. Burial will follow at Quincy Memorial Cemetery.

Cunejo died Dec. 10 in Gallup. She was born Dec. 2, 1947 in Gallup.

Cunejo graduated from Riverside Indian School, Anadarko, Okla. She was employed with the Navajo Tribe and Wal-Mart.

Survivors include her son, Franklin Harrison III; daughter, Alva Cunejo; mother, Eunice Cunejo; brothers, Emmett Cunejo of Albuquerque, Thaddeus (Ted) Cunejo of Las Cruces, Leon Cunejo and Edward Cyrs both of Gallup; sisters, Natalie Gasper of Zuni, Vera Gomez of Taos, Marcella Wilson, Corliss Marianito and Jean Quintana all of Gallup; and one grandchild.

Cunejo was preceded in death by her father, Joaquin Cunejo; and brothers, Dana Cunejo and Elton Charley.

Pallbearers will be family members.

Faye James Yazzie

WOOD SPRINGS, Ariz. — Services for Faye Yazzie, 74, will be held at 9:30 a.m., Wednesday, Dec. 12 at St. Michaels Catholic Church. Father Gilbert will officiate. Burial will follow at Kinlichee Community Cemetery.

Gilbert died Dec. 8 in Gallup. She was born July 15, 1927 in Kinlichee, Ariz. into the Black Streak Wood People Clan for the Bitter Water People Clan.

Survivors include her husband, Wallace Yazzie Sr. of Ganado, Ariz.; sons, Wesley Yazzie of Window Rock, Calvin Yazzie, Wallace Yazzie Jr. and Walter Yazzie all of Ganado; daughters, Alta McCabe of Farmington, Rita Roanhorse of Kinlichee, Ella Jim and Vernita Yazzie both of Ganado, Juanita Yazzie, Rosita Yazzie and Myrtle Youvella all of Window Rock; brothers, Jimmie James of Tohatchi and Joe James of Wood Springs, Ariz.; sister, Louise Peters of Twin Lakes; 27 grandchildren and 11 great-grandchildren;

Gilbert was preceded in death by her parents, Bah and Jim James Sr; brothers, Buddy James and Willie James; and sister, Clara Bia.

Pallbearers will be Reuben McCabe, Milford Roanhorse, Marlon West, Brian Yazzie, Calvin Yazzie and Wallace Yazzie Jr.

Rollie Mortuary is in charge of arrangements.

Leonard Wauneka

FORT DEFIANCE, Ariz. — Services for Leonard Wauneka, 42, will be held at 10 a.m., Wednesday, Dec. 12. Burial will follow on family land, Blue Canyon, Ariz.

Wauneka died Saturday, Dec. 8 in Fort Defiance. He was born March 22, 1959 in Fort Defiance into the Near Water for the Coyote Jemez.

Wauneka atttended Fort Defiance Elementary School and Window Rock High School. He was employed with the N.F.P.I.,
Navajo, N.E.C.A., Shiprock, Henry Nez Logging, Sawmill, Ariz. and Navajo Housing Authority, Fort Defiance.

Survivors include his father, Ben Wauneka Sr. of Fort Defiance; brothers Edward B. Wauneka Sr. of Tse Bonito, Ned
Wauneka, Robert B. Wauneka, Ben Wauneka Jr. and Raymond Wauneka all of Fort Defiance; and sisters, Louise W. Tsosie
of Blue Canyon, Ariz., Alice W. Gordy, Sadie W. Thompson, Grace W. Wilson, Helen W. Woody and Eleanor W. Dedman
all of Fort Defiance.

Wauneka was preceded in death by his mother, Barbara J. Wauneka and grandparents, Charley Nez Wauneka Sr., Tso Ramon Jesus and Althanbah Jesus.

Pallbearers will be Dwight R. Smith, Shawn M. Gordy, Otto D. Damon, Delvin M. Wauneka, Cisco Jesus and Archie Tsosie.
The family will receive friends and relatives after the burial services at Parish Hall, Good Shepherd Mission, Fort Defiance.

Tse Bonito Mortuary is in charge of arrangements.

Odilia Lucero

GRANTS — Services for Odilia Lucero, 91, will be held at 10 a.m., Wednesday, Dec. 12 at Grants Mortuary Chapel. Rev.
John Edmonds will officiate. Burial will follow at Grants Memorial Park.

Lucero died Dec. 9 in Grants. She was born April 27, 1910 in Peralta.

Survivors include her daughter, Lucy Ham of Millstadt, Ill.; eight grandchildren and nine great-grandchildren.

Lucero was preceded in death by her parents, Quirino and Marcelina Valdez Moya.

Fr. Mike Mack

JEMEZ SPRINGS — Services for Fr. Mike Mack, 59, will be announced at a later date.

Mack died Dec. 8 in Jemez Springs. He was born Dec. 21, 1941 in Madison, Wis.

Rollie Mortuary is in charge of arrangements.

Gadebah Smith

GALLUP — Services for Gadebah Smith, 95, will be announced at a later date.

Smith died Dec. 9 in Albuquerque. She was born Aug. 15, 1906 in Rehoboth into the Meadow People Clan for the Bitter
Water People Clan.

Rollie Mortuary is in charge of arrangements.

| Top |