Fire gutted fifth-grade classrooms at Navajo Elementary School Wednesday night.

Photo by Jim Maniaci

 

Thursday
February 17
2000

( selected stories )

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Feb 11

— Contents —

Blaze destroys classrooms
Navajo Elementary School students are 'homeless'


Gallup teen files suit after strip search

Panel asks higher interest-rate cap

Delay game helps Tuba City advance over Snowflake, 6-57
Arizona state tournament



Blaze destroys classrooms
Navajo Elementary School students are 'homeless'

Jim Maniaci
Diné Bureau

NAVAJO — Gallup-McKinley County School District officials are scrambling today to find someplace to teach fifth graders and special education students of Navajo Elementary School after a fire Wednesday night turned their classrooms into charcoal.

The fire gutted that section of the campus on the north side of Cedar Avenue, collapsing the roofs of the two attached wood and metal structures as the Navajo Pine Fire and Rescue Department battled successfully to keep the damage contained and prevented the fire from jumping into adjacent buildings.

Shocked parents and residents stood across the street and watched the yellow flames devour the single-story building in about two hours.

At the peak of the conflagration, the flames shot higher than adjacent trees whose leafless limbs were singed. The fire warmed the night air as local firefighters arched water from the school hydrant over the walls or through the windows, ejecting clouds of steam as the water lowered the temperatures below the ignition point of the boiling yellow caldron.

The fire's reflection off the roiling columns of tar-fed black smoke, especially from the roof on which firefighters stepped gingerly to try to get ahead of the blaze, was visible for several miles as a halo over the hills to the south and west.

Several departments assisted local firefighters, especially providing water tanker shuttles as the battlers against the blaze sweated profusely under their heavy, protective turnout gear. As late as 12:30 this morning fire trucks from other departments providing mutual aid raced along the highways into town with their emergency lights flashing.

Wendesday night's fire, reported sometime after 10 p.m., is the second major blaze to destroy buildings in the community. A fire of suspicious origin on Jan. 20 destroyed some almost empty structures at the Navajo Forest Products Industry site a few blocks to the north of the school.

The school fire is believed to have been accidental in nature, possibly from an electrical short.

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Gallup teen files suit after strip search

Zarana Sanghani
Staff Writer

GALLUP — The strip search and arrest of 18-year-old Gallup High School senior Emily Ellison after the Magistrate Court mistakenly assumed she had failed to appear for a speeding ticket has resulted in a lawsuit.

The lawsuit charges McKinley County commissioners, the company managing McKinley County Adult Detention Center, District Attorney Mary Helen Baber and two other prosecutors with the district attorney's office with violating Ellison's civil rights and for inflicting emotional distress on her.

The arrest was made on Feb. 10 on an outstanding bench warrant issued when Ellison failed to attend her Jan. 5 court hearing for tickets she received for speeding and driving without insurance in September.

Because Ellison knew she would be out of town Jan. 5, she pleaded not guilty on Dec. 21 to Magistrate Court Judge Karl Gillson. When a person pleads not guilty, the court date is automatically changed to a later date when a trial can be arranged.

By an oversight, that change was not made, and when Ellison did not show on Jan. 5, the bench warrant was issued.

On Feb. 10, Ellison came to Magistrate Court to argue another speeding ticket she got in November. When she entered the courtroom, she said, police arrested her.

The police took her to McKinley County Adult Detention Center. Booking officers stripped her, searched her, put her in an orange jumpsuit and took her back to court in handcuffs.

Back in court, Ellison explained to Judge John Carey why she had not appeared in court at the earlier date.

Carey said he arraigned Ellison immediately, released her and waived the bench warrant fee because it appeared the arrest was a mistake. It was later found that Ellison had pleaded not guilty and the bench warrant was issued in error.

Carey said he asked how Ellison would like proceed with her trial. Ellison replied she wanted to change into her street clothes and was returned to jail to put them on.

"I went through a lot of humiliation here," Ellison said of her experience. "I just hope nobody else has to go through it."

The jail booking officers treated Ellison no differently than any other person, said both Michael Sanchez, the case's prosecutor, and Baber.

Prison Warden Cody Graham said all offenders must be searched before they are booked to make sure they are not carrying weapons.

Ellison filed two motions to suppress evidence for the ticket she received for not having insurance. She said she did so to keep the tickets off her record and to learn more about the judicial system.

Ellison said she has an interest in law. A friend videotaped the arrest and Ellison's presentation in the court for a senior class project.

Sanchez said Ellison looked pleased to be arrested and was happy to get the event on tape. Ellison said she was scared and was trying to hide her strong emotions.

Carey said Ellison conducted herself professionally when she gave her arguments, but he denied both Ellison's motions.

After Ellison showed proof of insurance, that ticket was dismissed. She decided not to ask for trial for her speeding ticket and pleaded guilty for a deferred sentence she had to pay court fines and not incur another speeding ticket for 30 days to erase the ticket from her record.

Ellison works part-time for private attorney William Stripp from Ramah, who helped Ellison file the civil rights claim.

Though the arrest was unavoidable, Stripp said, the strip search was not called for and was an abuse of authority. He added he thinks the district attorney and her assistant prosecutors are responsible for the strip search.

"I think this is totally engineered by the DA's office," Stripp said. "They don't do that (strip search) to anybody for a speeding ticket."

Stripp filed the lawsuit against Baber, assistant district attorney Gerald Byers and Sanchez. The last two attorneys were directly involved in the arrest that day, and Baber supervises both.

Since the district attorney's office can claim immunity from such lawsuits, Stripp said the complaint is against the three individuals, not their office.

Attorneys do not have the authority to request a strip search, Sanchez said, adding that he could not be responsible for how the security officers booked Ellison.

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Panel asks higher interest-rate cap

Jim Maniaci
Diné Bureau

WINDOW ROCK — Navajo economic development officials say they will ask the Navajo Nation Council to increase the maximum amount that area businesses can charge for interest on car, furniture and other loans.

A survey by the department said Navajo law has hampered Navajo consumers in their ability to get loans because of the 18 percent cap on annual interest rates.

Surveyors questioned 23 businesses heavily involved in these types of loans and found that "under certain conditions, it has a major negative impact on a person's ability to buy on credit."

The almost two dozen businesses contacted included auto dealers, furniture dealers, farm equipment dealers, banks, small loan lenders and a recreational vehicle dealer, the report said.

People with a poor track record are normally charged a higher interest rate, because they offer a higher risk of not being able to make their payments. If they can't go to a firm that can legally charge a higher interest rate, chances are they will not get the loan.

"Interest charged for the use of money has to reflect the risk of not getting repaid, expense of administration and repossession, rate of inflation, and the cost of money," the report explained. Today's prime rate is 8.75 percent. As money goes through the system each agency tacks on some interest to pay for its share of handling the funds.

"The higher the rate goes, the fewer Navajo consumers can get financing because of the 18 percent cap," the report said.

"With the 18 percent cap, car dealers, especially the larger, more reputable dealers, are no longer able to sell to customers that have marginal credit."

The survey found used car dealers "surprisingly ... seem to have little problem with the law." They recoup their cost of obtaining vehicles by charging the customer that amount for a down payment, "so that credit histories do not concern these dealers as much," the report said.

Other concerns economic development officials want to address include provisions about requiring contracts to be written in Navajo, the 10-day grace period to return a used motor vehicle and the implied warranty of 30 days and 1,500 miles for vehicles as opposed to 15 days and 500 miles found in Arizona law, which the Navajo law otherwise copied virtually word for word.

Allowing customers to return a car within a 10-day grace period, one dealer said, meant such a deal could be cheaper than renting a car for a vacation.

The report concluded, "One of the lessons to be learned from the passage of this law is that sometimes in an attempt to do something good for the consumer, the government can end up hurting the consumer. Any proposed law that has potential impact on every citizen should go out for public hearings. This law did not."

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Delay game helps Tuba City advance over Snowflake, 6-57
Arizona state tournament

Santiago Ramos
Staff Sports Writer

FLAGSTAFF, Ariz. - Tuba City used an uncharacteristic delay for three minutes and sank 16-of-19 free throws in the fourth that included a perfect 10-of-10 in the final minute en route to a 66-57 Class 3A state quarterfinal win over Snowflake Wednesday morning at the Northern Arizona University Skydome.

Tuba City, 26-4 overall, advances to the state semifinals for the second straight year. Last year the Warriors were eliminated by eventual state champion Coolidge 65-61. The Warriors, who will be trying to advance to their first state championship finals, will play the East No. 1 seed Alchesay in their state semifinal at 8:30 p.m. next Friday, Feb. 25 at the America West Arena. In the other state semifinals No. 1 Winslow, 61-58 winners of Blue Ridge, will take on West's top team Fountain Hills at 5 p.m. The boys state finals are set for Saturday, Feb. 26 at 4 p.m.

Tuba City, the No. 2 North seed, held a slim 17-16 lead and increased that to 31-26 by intermission. The Snowflake Lobos, the No. 4 East seed, caught Tuba City in the third with the inside play of 6-foot-5 senior post Brett Evans, who led the Lobos with 22 points, producing 11 third-period points. But the Warriors had senior post Nolan Tsingine tallying seven of his 11 points in the third period including a trey...

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Gallup girls look for perfect finish in district
Bengal preview

Alan Arthur
Sports Editor

GALLUP — The Gallup Bengal girls look to put the finishing touches on a perfect district season this weekend.

The No. 2 ranked Lady Bengals (20-1 overall, 8-0 in District 1AAAA) host the Valley Vikings on Friday night at Gallup High School and then travel to Farmington on Saturday night to complete the regular season. The Bengals need just one victory in either of those games to clinch the district title and the No. 1 seed that goes with it.

Game times are approximately 7:30 p.m....

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An Enchanted State Tournament
3A Enchantment teams sweep into all-conference Final Four
Arizona state tournament

Santiago Ramos
Staff Sports Writer

FLAGSTAFF, Ariz. - Call the 3A girls state finals, the 3A Enchantment State Finals.

Tuba City, defending state champion Monument Valley and Ganado along with last year's state runnerup Winslow made it an eye-opening clean sweep by the 3A Enchantment Region during Wednesday's state quarterfinals at the NAU Skydome.

Tuba City, the North's top team, overcame a sluggish start for the second game in a row and then put Alchesay away in the final period with an impressive 13-0 run that included three treys in a row.
Monument Valley, the North No. 3 seed, dominated Round Valley leading by as many as 30 points before settling for a 60-41 win...

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Mayor calls cops on Ortiz; axes manager

Tom Purdom
Staff Writer

MILAN — Mayor Elisabeth Lopez-Rael fired the village manager Wednesday, then had Milan Trustee Tom Ortega arrested at Village Hall for allegedly driving there while drunk.

Rael said Ortega came to Village Hall three times Wednesday, twice bringing people to cast early ballots in the March 7 municipal elections and the last time by himself.

"He reeked of alcohol, and he was so drunk he had to use the door for support because he couldn't stand up," Rael said...

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NAPI board OK'd behind closed doors

Diné Bureau

GALLUP — After meeting with Navajo Nation President Kelsey Begaye behind closed doors, the tribe's Economic Development Committee has approved a new board to oversee the Navajo Agricultural Products Industry.

Members of the committee asked for the executive session to talk about the qualifications of Begaye's recommendations because of concerns that came from his aides not Begaye.

Begaye, according to a press release issued by his office, stressed that he was involved in the selection process and that his intention was to find the most qualified individuals to fill tribal enterprise boards...

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Wreck hurts three; police blame liquor

Jim Maniaci
Diné Bureau

WINDOW ROCK — Navajo police blame alcohol for a one-vehicle wreck that sent three Tuba City residents to the hospital.

Injured were Phillip Whitesinger, 44; Diane Mae Belone, 47; and Laura Ann Willie, 23, all of Tuba City.

The three were headed from Tuba City to Navajo Mountain on BIA Route 16 when their truck crashed 2.5 miles south of the Arizona-Utah border Sunday afternoon. The Kayenta Police District report said no alcohol was found at the scene, but all three were under the influence of alcohol...

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First festival, powwow planned

Bill Donovan
Staff Writer

GALLUP — Late last year, Norman Roach wondered why students put on no major powwow in this area.

So Roach, a social studies teacher at Kennedy Middle School and one of the organizers of Albuquerque's Gathering of Nations Powwow, began talking the situation over with students and other teachers at the school.

The result: On Feb. 26, the first annual Gallup area Schools Festival and Powwow will be held at the school, along with a youth run/walk and a hip-hop concert...

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Deaths

Harry Notah Jr.

THOREAU — Services for Harry Notah Jr., 40, will be held at 10 a.m. Friday, Feb. 18, at Thoreau First Baptish Church. Pastor Glen Marshall will officiate. Burial will follow at Thoreau Community Cemetery.

Notah died Feb. 12 in Continental Divide. He was born March 14, 1959, in Fort Defiance, Ariz., into the Towering House People Clan for the Edge of the Water People Clan.

Survivors include his son, Travis Notah of Smith Lake; daughters, Dorothea Notah and Elthea Notah, both of Waterflow; mother, Dorothy Harry of Thoeau; stepfather, Roy Billy of Thoreau; brother, Marshall Notah of Thoreau; sisters, Bonnie Harry, Harriett Harry, Lorraine Notah, Clara Notah-Hunter, all of Thoreau, Marlena King of Albuquerque, and Priscilla Trujillo of Logan, Utah; and grandmother, Louise Emerson of Thoreau.

Notah was preceded in death by his father, Harry Notah Sr.

Pallbearers will be Tracey Benally, Jamison Hoskie, Alton Larry, Terry Lee, Leslie Notah, Marshall Notah, Milton Thompson and Bryon Upshaw.

Rollie Mortuary of Gallup is in charge of the arrangements.

Raymond Silver

GALLUP — Services for Raymond Silver, 29, will be held at 10 a.m. Friday, Feb. 18, at Cope Memorial Chapel. Pastor Bob Huber will officiate. Burial will follow at the Gallup City Cemetery.

Silver died Feb. 14 in Gallup. He was born Jan. 20, 1971, in Gallup into the Red Running in tthe Water People Clan for the Edge Water People Clan.

Silver was a 1992 graduate of Gallup High School. He was employed with P&M Coal Mine for a year. He was a self-employed silversmith. His hobbies included playing vollyball, baseball, basketball and riding dirt bikes.

Survivors include his wife Brenda Wauneka of Fort Defiance, Ariz.; son, Ray Douglas Silver of Fort Defiance; daughters, Gwendolyn Wauneka Silver, Raelyn Douglas Silver, Amberlyn Wauneka Silver and Terrilyn Wauneka Silver, all of Fort Defiance; parents, Nellie Silver and William Douglas, both of Blackhat; sisters, Louise Bighead, Jean Silver, Grace Silver, all of Blackhat, and Shirley Skeets of Mentmore.

Pallbearers will be William Douglas, Wilbert Benally, Harvey Tom, Jeffery Hoskie, Brian Wauneka and Frito Roanhorse.

The family will meet at Tse Ya Toh Chapter House following the burial.

Cope Memorial Chapel of Gallup is in charge of arrangements...

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