Speedy pictures

With passing trucks speeding by only a few feet away, Joseph Smith operates an erradicator, a machine to grind off paint from roadways, Wednesday. Crews were preparing to completely reopen I-40 between Gallup and Fort Wingate after rebuilding bridges on both sides of the freeway.

Despite Wednesday's cold and blustery weather, Roger Martenson mounts his bike and takes to the streets for his daily fitness ride in Gallup. Martenson says he rides every day, ''No matter how cold it is.''

Photos by Photo by Jeff Jones

 

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NAPI potatoes poisoned by herbicide

Larry Di Giovanni
Staff Writer

WINDOW ROCK — NAPI has seen part of its potato crop destroyed and faces a federal violation for misapplication of a herbicide. The problem apparently stems from a crop enterprise vendor who did not follow instructions on a label.

The misapplied Dow Elanco herbicide, called Stinger, is used to control noxious weeds. Its misuse on Navajo Agricultural Products Industry potatoes was discovered in mid-November when state Agriculture Department officials were grading NAPI potatoes, said Calvert Curley, director of Navajo EPA's Air and Toxics Department.

"As far as we know, there's no evidence of (the tainted potatoes) going out to market," Curley said.

Curley said the discovery led to a field with about 400 acres of potatoes being disked, or turned over and destroyed. Other potatoes stored in a warehouse and prepared for sale did not show evidence of Stinger contamination, he said. The tainted potatoes in the field were of a "corkscrew" shape.

However, nine other fields with potatoes and other crops may have been subjected to "spot treatments" of Stinger, Curley said.

Labeling instructions specify there must be an 18-month interval between the time Stinger is applied and potato seeds are planted. The interval was not observed for the 400-acre field.

Under NAPI definition, "We're still trying to define what 'spot treatments' are," Curley said. NAPI records and worker statements conflict as to whether "spot treatments" were used.

An investigation, including sampling of potatoes, was conducted by the Navajo EPA, the U.S. EPA's Region 9 office in San Francisco, and the U.S. Food and Drug Administration. Though interviews with NAPI workers and documents showed that Stinger was applied to potato fields without observing the interval, FDA samples came back negative for Stinger in early December, Curley said. Navajo EPA received the call on the results Dec. 6.

"We do look at it as a violation, a labeling violation at least," he said.

Misapplied herbicide is a violation of the Federal Insecticide, Fungicide and Rodentcide Act, or FIFRA. Final reports on any violations are yet to be completed by the investigating authorities.

"We want to be sure that our laws are being complied with," Curley said.

The Navajo Nation Council will deliberate in special session today and Friday whether to defer for another year a $10 million commitment for a NAPI potato processing plant, which would work in partnership with R.D. Offutt Co. of Minnesota to produce french fries, tater tots and other potato fast-food products. The currrent Letter of Intent expires Jan. 23, 2001.

A possible blow

Under old business, Council Delegate Alfred Yazzie of the Many Farms and Rough Rock Chapters has proposed a resolution to take away the $10 million from NAPI and use it for capital improvements. Approval of Yazzie's resolution would result in a serious blow to the potato processing plant venture.

Another resolution under old business would extend for one year the deadline for appropriating the $10 million from the Undesignated Reserve Fund as a direct capital contribution toward the potato processing plant.

In recent weeks, NAPI General Manager LoRenzo Bates has divulged that the crop enterprise is about $7.7 million in debt to its vendors, and also has an extended line of bank credit of about $3 million. Some vendors have stated that NAPI is taking longer periods than ever to pay back vendors, resulting in some curtailing their business.

Bates has said the biggest debt to any vendor, which supplies NAPI with fertilizer and seeds, is about $2 million. He added that debts to vendors are a normal part of NAPI's business cycle, with sales from harvests used to pay back most vendors in full by the end of the crop enterprise budget year, which is late February.

Shiprock Council Delegate Wallace Charley has requested that NAPI turn over its financial statements to tribal Comptroller Bobby White and the council before any major expenditure for the potato plant is approved. NAPI has failed to turn a profit in recent years, and has apparently resisted turning over the requested records.

Reached for comment Wednesday, Bates said of the Stinger issue, "I'm aware of it." But he added that he wouldn't talk to any reporter who was "out to get me."

Bates said a press release would be issued Wednesday, but none was received as of press time by the Gallup Independent.

Hogback Delegate Ervin Keeswood Sr. said he would attempt to glean information regarding the misapplied herbicide and its effect on the overall potato crop ready for sale, but did not call back later with such information. He is a member of the NAPI Board of Directors.

Tribal Department of Justice attorney James Fitting has expressed opposition to the Navajo Nation giving a limited waiver of sovereign immunity in employee-related issues involving binding arbitration. This will result in lawsuits being tried in state, not tribal, courts.

Others have expressed criticisms that the agreement between the tribe and R.D. Offutt makes the tribe the risk-taking investor, that R.D. Offutt would not have to pay any amount for vast quantities of water used, and would not have to pay taxes to contiguous chapters.

The total estimated pricetag of the potato processing venture is $150 million.

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Idaho to send prisoners to McKinley County jail

Bill Donovan
Staff Writer

GALLUP — Local jail officials are preparing for the possibility of an onslaught of female prisoners coming in from Idaho.

The McKinley County Commission gave permission Tuesday to the managers of the McKinley County Adult Detention Center to house female prisoners serving time in Idaho prisons.

Cody Graham, warden for the center, said the company managing the jail Management and Training Corporation is talking with state prison officials in Pocatello, Idaho, about the possibility of housing up to 120 female prisoners in Gallup.

Getting the prisoners would pave the way for MTC to finally start seeing profits from running the facility and locally it would mean the creation of as many as 20 more jobs at the jail.

And even more importantly, it would not, according to Graham, increase the chance of breakouts, which should alleviate the fear of residents who live near the facility.

The facility has been averaging about 180 prisoners daily, about 30 prisoners less than MTC says it needs to break even. An additional 120 prisoners would bring the facility to its capacity.

As the facility was getting to its capacity last year under the former management firm Correctional Services Corporation a series of breakouts by male prisoners caused panic among many Gallup residents who live in the eastern portion of the city.

But Graham stressed that female prisoners don't pose the same escape threats as male prisoners.

He added that the prisoners who are expected to come to Gallup would be coming from minimum and medium security facilities in Idaho. There would be no prisoners who have a history of violent behavior.

One of the questions asked by the county commission during discussion of the issue was what McKinley County Sheriff Frank Gonzales thought about the proposal.

"I have no problem with it," Gonzales said Wednesday.

One reason why is that the relationship between the management at the jail and the Sheriff's Office changed drastically when MTC took over the facility in January.

"Before that, I wasn't even allowed to enter the facility," Gonzales said.

Under the procedures that have now been established, Gonzales will be allowed to go through the rap sheet of each inmate being transferred to Gallup and decide whether the inmate may cause any problems that could jeopardize local inmates or the safety of the facility.

"The sheriff can say no to any incoming inmate," Graham said, "and Idaho would have to transport that prisoner back to Pocatello."

Gonzales said he plans to look carefully at what kinds of prisoners are being sent to Gallup for incarceration and also to watch and see how out-of-state prisoners are treated.

"I want to make sure that they don't get better treatment than the local inmates," Gonzales said.

Graham said that the influx of Idaho prisoners would mean the need for as many as 15 additional correctional guards, two or three instructors, a case worker and a counselor. This would bring employment at the facility up to a high of about 90.

While no one will be hired until a contract is signed, Graham said that people have already begun submitting applications.

Idaho would pay $38.07 a day to house the Idaho prisoners, as compared to the $35 a day it receives from McKinley County.

Jason Wood, a spokesman for MTC, said negotiations between Idaho officials and the company are still on-going. There is no indication how close the two are to entering an agreement, although Graham said that he was hoping to see the transportation buses from Idaho coming in to drop off inmates as early as mid-January.

As for why Idaho would want to transport its prisoners some 900 miles southeast to New Mexico, Graham pointed out that many states are facing overcrowded jails. When this happens, state judges usually require the state to begin releasing prisoners early or find somewhere else to house them.

What makes the Gallup facility so attractive, he added, may be its emphasis on providing a wide range of educational programs to ease inmates' transition back into regular society and reduce the chances of them returning to prison.

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Robbery suspect sent home with mom

Tara Drolma
Staff Writer

GRANTS — A San Rafael youth charged with robbing two Allsup's stores at knifepoint was released to the custody of his mother after a detention hearing last week.

Bruce Boynton, acting as special master for the court during the interim period prior to the swearing in of newly elected District Judge Camille Olguin, told Charles Hausam, 17, he was "very concerned (these are) very serious charges," but he went on to say he was "reluctant to have him detained."

Hausam had been held in detention since his arrest on Dec. 6 the night before he was released for the robberies of the Nimitz and First Street Allsup's stores in Grants. He is facing charges of two counts of armed robbery, unlawful taking of a motor vehicle, and tampering with evidence.

After the hearing, he was released to his mother, Penny Cline. As a deterrent to further trouble, Boynton told Cline she would be responsible for the charges if Hausam did not obey the court order to remain confined to the family home, and to wear an ankle bracelet.

District Attorney Kristina Faught-Hollar called two Grants Police detectives and Daniel Zefferi, one of the Allsup's clerks, to testify for the prosecution in an attempt to show Hausam would be a threat to the community if he were to be released. In order to detain a juvenile the prosecution must prove the juvenile is either a danger to the community, a danger to himself, or there is no adequate supervision and he is a flight risk.

During questioning Zefferi, 26, the clerk on duty at the Nimitz store that evening, identified Hausam as the person who robbed him. He testified that Hausam "pulled out a big knife and put it close to me." He said he felt helpless. When he went to the cash drawer he said Hausam became alarmed and "pushed the knife into my stomach," and said, "You hit the alarm didn't you?"

Zefferi said when Hausam placed the knife against him, "I thought my life was over." He said he was in shock after the robbery.

When John Bezzeg, the attorney representing Hausam, questioned Zefferi he asked him if knew Hausam before the robbery and did he have anything against Hausam? Zefferi said he didn't know Hausam, but he had seen him in the store before.

Bezzeg pursued the questioning and wanted to know if Zefferi knew what crank is and did he take crank? Hollar objected to that question and Bezzeg withdrew it, but asked if Zefferi had any previous animosity toward Hausam because of a drug transaction.
Zefferi maintained he did not.

Bezzeg questioned Grants Police Department detectives Mary Vigil and Richard Brown about the photo array they had showed Zefferi. Zefferi picked Hausam's picture out of a photo array of about six people.

Bezzeg also asked the officers if they had allowed Hausam to make a phone call. Brown said he had not. He said Hausam was very violent and he wanted to keep him confined to the cell he was in.

After the hearing Brown said Hausam had been kicking doors, screaming, yelling obscenities and punching walls when he was in the cell at the police department and he didn't feel it was safe to let him out to make a phone call.

Court records show Hausam was charged with two counts of criminal damage to property earlier in the year. One count was for allegedly damaging a utility pole on May 3, and the second was for allegedly slashing the tires on a car on May 25.

Hausam was placed on probation for those charges and sentencing was deferred on the condition Hausam did not receive another referral to the juvenile probation office. The deferral, known as a time waiver, was revoked Oct. 12 for reasons that were unclear in the court documents.

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Taylor steps down as Bengal football coach

Carrie Loretto
Sports Editor

GALLUP — Dismissing the impact a petition which called for his resignation had, Jeff Taylor did just that earlier this week.
Taylor ended a six-year stint as Gallup's head football coach, submitting his letter of resignation Monday.

"That wasn't a big factor in me (resigning),"Taylor said Wednesday."It was a hard decision, but I feel that the best thing for the program right now is for me to step down.

"It wasn't a forced resignation,"said Taylor."With me going in here and having the problems we had this season, (resigning) made things a little bit easier for a lot of people."

In addition to the distraction the petition created, the Bengal team was hit by a rash of injuries which contributed to a disappointing 1-9 season. In six years under Taylor, Gallup was 14-52.

"I didn't think in my wildest dreams I would have so much trouble winning football games,"Taylor said."I was told, when I took this job, to stay a year, two at the most and get out of here.

"(Coming in) my philosophy for the varsity was to go out and do the best that we could and improve, most years I thought we did that. We started at one point and got better."

Taylor anticipates a better season for Gallup next year since only four seniors graduate from this year's team.

"But I don't know, if I were still head coach, that would be possible with all the things that happened this year,"he said."With the attitude that came with the petition, I don't know how effective we can be next year."

Before taking over as head coach, Taylor was the defensive coordinator under Alex McAllister for nine years. The last time the program had a winning season was 1994 when the team went to the semifinals and finished with a 9-3 record.

McAllister coached the freshman team this season. Taylor did not want to speculate on McAllister taking over the program again.
"I kind of doubt that, but that's nothing I even want to speculate on,"Taylor said.

Taylor will retain his teaching position at Gallup High.

Ganado wins see-saw battle against Hopi

Stan Bindell
Special to the Independent

POLACCA, Ariz. — The Ganado-Hopi boys basketbal game was more like Cody Mueller against Davin Leslie as each of the star players scored more than half of their teams points.

Mueller barely won the scoring battle and Ganado escaped with a 54-49 victory against Hopi Wednesday night. The Hornets improved to 6-7 with their opening season conference game set for Monday against Tuba City. The Bruins fell to 3-9, but remain 1-0 in conference play.

Mueller, a powerful center, poured in a game high 30 points, grabbed nine rebounds and blocked three shots. The next highest scorer for Ganado was Nathan Salabiye with six points.

Leslie paced the Bruins with 28 points, three rebounds and six assists. Teammate Garrick Jones added 10 points.

Mueller broke open a 47-47 tie game with back to back layups giving Ganado a 51-47 edge with 1:50 left. Hopi had three chances to cut into the lead after the Hornets missed two one-and-one foul situations, but the Bruins failed to capitalize.

Neilson Nez put the game out of reach when he hit two fouls shots with 52 seconds left to give the Hornets a 53-47 edge. Nine seconds later, Nathan Salibiye added another foul shot. Hopi closed out the scoring when Anthony Vaughn sank a layup with three seconds left.

Leslie hit three treys in the first quarter as Hopi took an 11-5 edge with 3:35 left in the period, but Jay Taliman countered with a three for Ganado and when Nez sank a layup with 33 seconds leftin the period the Hornets were within 14-11. Leslie scored a dozen points in the first period.

Mueller had only three points during the opening period, but the second stanza would be a different story. Hopi opened the quarter with a 7-2 spurt. Jones hit a layup, which was countered by a Mueller jumper, but then Leslie hit a trey and a layup as Hopi pulled ahead 21-13 with 4:21 left in the half.

The Bruins then put in their substitutes and Mueller got the hot hand. He scored seven straight on a three-point-play, a layup and two oful shots. Logan Koopee interrupted with a layup, but Mueller hit two more foul shots. Jones hit three foul shots for Hopi as the Burins remained ahead 26-22, but Mueller hit a rebound shot with 30 seconds left and a layup with three seconds left to knot the game, 26-26, at intermission. Mueller had scored all 15 points for Ganado during the quarter while Leslie and Jones scored five each for Hopi.

Ganado took a 31-26 edge on a layup by Taliman and a trey by Salabiye, but Hopi roared back with nine straight points. Leslie sank two foul shots, Jones hit a jumper, Emmett Navakuku fired in a trey and Francisco Mata hit a layu as the Bruins pulled ahead 35-31.

Then it wa Ganado's turn to finish the quarter with eight points. Mueller started it with a layup, Salabiye hit a jumper, Mueller scored on a driving layup and Tyrone Lynch also sank a layup as Ganado led 39-35. Mueller scored four points during the third quarter while Leslie was held to a deuce.

The scoring battle between the dynamic duo was obvious in the early fourth quarter. Leslie started the scoring with a reverse layup and a trey to put Hopi ahead 40-39, but Mueller hit back to back layups to give Ganado a 43-40 edge before Leslie countered with two more free throws.

Ganado's Carson Pete interrupted with a rebound shot to put the Hornets up 45-42, but Leslie hit two more free throws. Lavon Salabiye countered with a layup for Ganado, but Jones hit a trey for Hopi to knot the game at 47-47 and set up Mueller's late game heroics.

Leslie scored nine points in the final quarter while Mueller scored eight.

Ganado coach Dave Freeman noted the Mueller did not score early. "He didn't play a full good game, but he hasn't done early scoring all year," he said.

Freeman said when Mueler gets the ball down low he either scores or egts fouled.

"I was impressed that he got hammered a couple itmes and didn't complain," he said. "He rebounds well, he plays defense and he scores. He could do anything he wants to because he's a great kid."

Coach Freeman said the Hornets offense plays well in spurts.

"But our spurts are getting bigger and I'm happy with that. We're coming along gradually, but it will take a while," he said.

Coach Freeman noted that several of his players may only get one minute of playing time a game, but they did not pout because they weer pulling for the team to win. He said the players also do not moan about Mueller carrying the scoring load.

"I don't care who scores and the kids don't either," he said.

Freeman praised point guard Lavon Salabiye for distributing the ball well and taking good care of the basketball.

Defensively, he said the Hornets know what to do, but are not always doing it.

"We need to execute," he said.

Coach Freeman felt Ganado did a good job of controlling the backboards.

As for the Enchantment League Conference, coach Freeman said it is the toughest league in state and whenever an easy game appears on the horizon, it does not happen.

"You have to be ready for every game," he said.

Hopi coach Jeff Lambert said Mueller was tough to contain inside.

"Cody is a smooth, strong postman. I told our players that we couldn't let him go off against us, but he did. He got some easy shots at the end when we needed to deny him the ball. Our postmen (Anthony Vaughn and Sivayah Tootsie) are young, but they grew up tonight. We played a really good game, but at crunch time we had some breakdowns like not boxing out and taking ill advised shots," he said.

Coach Lambert said Ganado will be competitive in the Enchantment League.

"Give them credit for improving every game, but we're improving every game too," he said.

Lambert said Hopi was hurt by having a player who was academically ineligible to play.

"He let the coach and his teammates down," he said.

Coach Lambert said Hopi had too many turnovers at crucial times, but the defense played well until the last couple of minutes when they failed to deny Ganado the ball down low.Ganado outrebounded Hopi 24-21, but Lambert felt that was good against the taller Hornet team.

Coach Lambert said he is pleased with the effort because the Bruinis are learning from their mistakes.

"These games are just for expierience. We're just preparing for the conference and state playoffs. We're really happy with what we've got and we just need to let time mature these guys," he said.

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Court upholds Bluewater man's $3M jury award

SANTA FE (AP) — The state Court of Appeals on Wednesday upheld a jury's award of more than $3 million to a Bluewater man who sued his ex-employer after he was fired.

Jim Aken said Plains Electric Generation and Transmission Cooperative fired him in 1993 in retaliation for his on-the-job activism, after falsely accusing him of attempted theft.

A state district court jury in Bernalillo County awarded him $3.35 million following a trial in December 1998.

Aken suffered a stroke during the meeting at which his bosses accused him of attempting to steal a welding machine. Company officials had him escorted to his truck, and he drove home; his wife took him to a Grants hospital...

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Crownpoint Tech, Sandia Laboratories to sign pact

Larry Di Giovanni
Staff Writer

GALLUP — The Crownpoint Institute of Technology is set to improve students' internship needs by means of an agreement to be signed with Sandia Laboratories of Albuquerque.

A signing ceremony for a Memorandum of Understanding will begin at 10 a.m. Friday in room 305 of the institute's Science and Business Technology building.

The public is invited, and lunch will be served following the ceremony. Expected dignitaries include: Navajo Nation President Kelsey Begaye, emcee Steve Grey of the Lawrence Livermore National Laboratories field office in Shiprock, Paul Robinson, president of Sandia Laboratories, and Richard Glass, manager of the U.S. Department of Energy's Albuquerque office.

Elmer Guy, the Crownpoint Institute of Technology's faculty dean, said the agreement with Sandia labs will facilitate a number of paid Sandia summer interships for CIT students. It will also create faculty development and faculty exchange opportunities.
Sandia personnel will be invited to serve on CIT's advisory committee...

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Deaths

Geraldine J. Smith

ZUNI — Traditional services and a wake for Geraldine J. (Bobelu) Smith will be Friday night, Dec. 15, in Zuni. Burial will follow on Saturday morning, Dec. 16.

Smith received her bachelor of arts in secondary English education from the University of New Mexico, Albuquerque.

She was employed by the Zuni Pueblo, the Navajo Nation, and state universities as a grant-proposal writer. She was an accomplished pianist, recognized for her recitals. She also received awards for her twirling professionalism while marching with the Zuni and Navajo marching bands.

Survivors include her husband, Delfred L. Smith; sons, Ritchie Simplicio and Dana Smith; daughters, Nichelle Edaakie, Kimberly Smith, Amber Smith and Tawny Smith, all of Zuni; sisters, Carolyn Bobelu Starks of Zuni and Rebecca Bradshaw of Albuquerque; brothers, Edward Bobelu of Lawton, Okla., and Emmett Bobelu and Wallace Bobelu, both of Zuni; 15 grandchildren and two great-grandchildren.

Smith was preceded in death by her parents, Mabel (Ashley) and Floyd Bobelu; brother, Roy Bobelu; and grandmother, Martina Ashley.

Cope Memorial Chapel is in charge of arrangements.

Ross Chapo Begay

GALLUP — Services for Ross Chapo Begay, 92, will be held at 10 a.m. Friday, Dec. 15, at the Hosanna Church. Pastor Harry Cayanetneto will officiate. Burial will follow at the Crownpoint Community Cemetery.

Begay died Dec. 8 in Gallup. He was born Feb. 3, 1910, in White Ridge into the Zia for the Tangle People.

Begay was employed with the Santa Fe Railroad. He was a rancher and homemaker.

Survivors include his wife, Nesie L. Begay; sons, Martin Largo Begay of Gallup and Larrison D. Begay of Thoreau; daughters, Lucia Julia Yazzie of Covina, Calif., Lucille Plakero of Littlewater, Morena Begay of Gallup and Fayerena Sam of Standing Rock; brother, Freddie Begay of Canoncito; 30 grandchildren, 64 great-grandchildren and one great-great grandchild.

Begay was preceded in death by brothers, Earl Begay, Frank Chapo and George Chapo; sisters, Marie Largo, Pauline Pablo, Doris Sloan and Nellie Begay; and son, Leonard Begay.

Pallbearers will be Terry Begay, Raymond H. Begay, Alvin Begay, Marvin Begay, Harrison L. Sam and Leon Chavez Sr.

The family will receive friends and family after the burial services at the Littlewater Chapter House.

Cope Memorial Chapel is in charge of arrangements.