Who made decision to rout Kiro?
Leaked report gives details
Andrea Egger
Staff Writer
GALLUP — While the Independent is taking steps to sue the
Gallup Police Department for its police reports in the Robert
Kiro incident, a police officer leaked his report to the newspaper.
The main information the Independent has been trying to ascertain
is who made the directive for police to storm the trailer of Kiro,
34, of 680 Murray Lane. The storming of the trailer occurred May
30 after a nine-hour stand-off with a barricaded Kiro.
At 6 a.m., police cleared neighbors out of their trailers and
shot tear gas into the trailer. A SWAT team, containing Gallup
Police Cpl. Larry Brian Mitchell, entered the trailer in a group.
Cpl. Mitchell and Officer Michael Mitchell, no relation, split
off and went to the south end of the trailer unknowingly, straight
into Kiro's path.
Cpl. Mitchell was shot and killed during gunfire between Kiro
and the two Mitchells. Kiro shot first; he told New Mexico State
Police Criminal Agent Kevin Bruno that he started firing as soon
as he saw the barrels of the guns carried by the Mitchells.
But who told the SWAT team to storm the trailer? Gallup Police
Capt. Bobby Silva, who was reportedly there only for the media,
but who later admitted to having tried to negotiate with Kiro?
Or Gallup Police Capt. Ronald Gonzales, the other captain on the
scene, who is in charge of patrol? Both are contenders for the
police chief job, vacant today after the retirement of Danny Ross.
Or could it have been decided by SWAT team member Lt. Jess Watkins,
the most senior officer of the Gallup Police SWAT team?
That's been the big, unanswered question.
Until now.
An anonymous police source released a police supplemental report,
telling only what this officer did and saw, to the Independent.
The report shows that all three of these men, other Gallup police
officers, and the SWAT teams from the Gallup Police and the McKinley
County Sheriff's Department gathered outside Kiro's trailer and
made the decision together to shoot the tear gas and storm the
trailer.
Still unanswered is why the officers stormed the trailer at all,
and why they didn't wait it out. Defense attorney Gary Mitchell
brought up the question during an interview last week with the
Independent.
The electricity and water to the trailer could have been turned
off but weren't, as evidenced by Kiro being observed turning lights
on and off all night. With no power and no water, Kiro might have
given himself up, Gary Mitchell said.
The officer who released his report said police made the right
decision going into the trailer.
"If it had been the New Mexico State Police or the Albuquerque
Police SWAT teams, we would have just been burying someone from
another agency," he said. "Kiro told several people
he wasn't coming out without a shoot-out."
Had police not entered the trailer, this officer believes Kiro
would have come out of the trailer shooting, at some point.
The officer also answered another puzzling question: What happened
to the bullet that killed Cpl. Mitchell? The officer said the
bullet entered under his arm and exited his opposite shoulder.
He's not sure if anyone was able to find that bullet in the house
that investigation was conducted by the New Mexico State Police.
Still undisputed is the fact that of the six officers in the Gallup
SWAT team, the two less experienced officers the Mitchells separated
into a team by themselves after the group entered the trailer.
The other four officers Watkins, Lt. Richard Perez, Officer Matthew
Wright and Sgt. Brian Guillen went in the other direction in the
trailer.
It's unknown why one of the supervisors in the team wouldn't have
grouped off with one of the Mitchells instead. Fate had the Mitchells
confront a hiding Kiro alone.
The police report details that Kiro said this to his girlfriend,
Julie Montoya, his sister, Irma Kiro, and a couple of police officers
who knew Kiro and were trying to negotiate with him.
The police report also goes into great detail about the incident
with facts that are already known. One of those facts is that
the whole thing started when Kiro pointed a gun at Montoya and
their daughter, Tasha.
Montoya, however, said in a brief, angry interview with the Independent,
that Kiro never pointed the gun at Tasha Kiro. That's not, however,
what she told police that night.
She also told State Police Agent Bruno that Kiro pointed the gun
at Tasha.
Gonzales dragged Cpl. Mitchell's body out of Kiro's home, according
to the report. Officer Michael Mitchell got shot in the back somehow
that night, but the bulletproof vest absorbed the bullet, with
Michael Mitchell suffering only bruises from the impact.
Kiro also shot at Watkins and Gallup Police Officer Matthew Wright.
Grand jurors indicted Kiro for an open count of murder, a capital
offense, in Cpl. Mitchell's death. Prosecutors still haven't decided
whether to ask for the death penalty in Kiro's case.
Kiro also was indicted for attempted murder in the case of Michael
Mitchell, Watkins and Wright. He faces half a dozen charges of
aggravated assault on a police officer for pointing the gun or
firing at several other officers.
Also included is one charge each of aggravated assault on a household
member for offenses against Montoya and Tasha Kiro.
His trial is scheduled to be in November.
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City refuses to release report
Andrea Egger
Staff Writer
GALLUP — The Gallup Police Department's attorney is dodging the
issue of releasing reports on the Robert Kiro incident in a letter
faxed to the Independent Thursday.
The police had until Thursday, according to the New Mexico Inspection
of Public Records Act, to allow the incident reports to be inspected
and copied. The letter Lynn Isaacson forwarded to the Independent
on Thursday was actually due three business days after the newspaper's
June 13 formal request for the document.
Not sending a letter within that time frame violates the Inspection
of Public Records Act. Further, failing to release the incident report,
which is always public record whether an investigation is ongoing
or not, by Thursday again violates the Act.
The Independent will now have to take legal action to get a report
that is a public entity anyway.
Isaacson, in the letter, denies the release of the police report because
the investigation is ongoing. He claims the reports are exempt from
the Act.
He also sites the Arrest Records Information Act and says that the
reports cannot be released under that act.
"Finally, the records which you seek were prepared as a result
of an investigation by the New Mexico State Police and have been turned
over to that agency. The final say on whether they should be released,
or at what point they should be released, must come from the New Mexico
State Police," Isaacson wrote in the letter.
"He's wrong," said Bob Johnson, director of the New Mexico
Foundation for Open Government, which has sued many public agencies
for public documents. "He's just attempting to avoid what the
law clearly is intending and requires."
"I think this is an attempt to dodge responsibility under the
Arrest Records Information Act," Johnson said Friday. "That's
just a pure trick to avoid releasing public records."
He added that original records of entry, like incident reports, are
always public record under both acts. And the records should come
from the agency which originated them, in this case, the Gallup Police
Department.
If a Gallup Police officer didn't fill out a face sheet and incident
report, then all of the supplemental reports written by all of the
officers are public record, Johnson said.
"This is just an attempt to play games with the public,"
Johnson said.
The Independent's attorney, Pat Rogers of Albuquerque, said he was
planning to take some steps as a result of Isaacson's letter.
"We're reviewing the response which appears to raise some troubling
issues," he said.
Kiro is accused in the May 30 murder of Gallup Police Cpl. Larry Brian
Mitchell, one of six Gallup Police SWAT team members who stormed the
trailer in which Kiro barricaded himself. After pointing a gun at
his girlfriend, Julie Montoya, and their daughter, Tasha, Kiro told
several people the police were not going to get him out of the trailer
without a shoot-out.
After nine hours of a stand-off with Kiro, police shot tear gas into
the trailer and Mitchell, along with Officer Michael Mitchell, no
relation, and Gallup Police lieutenants Richard Perez and Jess Watkins
and Officer Matthew Wright, entered the trailer.
The Mitchells split off from the group and went to the south end of
the trailer, while the rest of the group headed to the north end.
At that point, officers didn't know where Kiro was in the trailer.
The Mitchells found out the hard way, as Kiro began shooting as soon
as he saw the barrels of their guns approach him in a south bedroom.
A bullet struck Cpl. Mitchell under the arm, around the bulletproof
vest.
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Fired up for the Fourth:
Gallup's party to feature ethnic food, fireworks
James Staley
Staff Writer
GALLUP — America's 225th birthday celebration will include live
music, a bounty of different ethnic foods and be topped by a fireworks
show at the second annual Party in the Park. The events begin at noon
Wednesday at the Sports Complex.
"We're just hoping for good weather," said Don Gonzales,
general manager of KGAK radio. "It will be a day of family-type
fun; we want everyone to come out."
According to one Website, Wednesday's high should be near 87 degrees
but there may be isolated thundershowers.
Party in the Park is a joint effort of KGAK, Comcast Cable and the
City of Gallup. "The whole community is involved. (KGAK) is just
the vehicle to get the word out," Gonzales said.
Nine bands will provide musical entertainment, which starts at noon.
Gonzales said 25 bands and vocalists auditioned for the slots. Many
of the artists will be selling their music at the park, but they will
not be paid for their performances.
Chow will also be a big part of the bash. The park will be divided
into more than 100 15-foot plots for food vendors to fill. "There
will be food from almost every ethnic group in Gallup," Gonzales
said.
Vendors will not have to pay a fee to participate but Gonzales said
vendors should call KGAK to say they're coming so officials can have
an estimation.
Gates open at 7 a.m. and spaces are given on a first-come, first-served
basis, he said. Gonzales also asked that food sellers bring lots of
food and offer it at reasonable prices. He doesn't want families shelling
out a fortune to eat.
Contests of all types fill the afternoon but the big showcase will
be the fireworks display that begins promptly at 9:30 p.m. They will
be launched from a higher elevation this year and should be seen by
skywatchers as far as 20 miles away. The 45-minute spectacular includes
613 rockets choreographed to a unique array of music.
The composition was compiled from 23 albums and features patriotic
bits of country, showtunes and marches. There are also sound bites
from historic American events. The accompanying music will be broadcast
on KGAK 1330 AM.
Besides music-synchronized fireworks, there will be other noteworthy
improvements from last year's inaugural Party in the Park. Organizers
put on the show a year ago with only four days to prepare there were
a lot of kinks. With a full 365 days to prepare, the wrinkles are
gone.
"There will be more trash receptacles, more porta-potties and
more security," Gonzales said.
Twice as many musicians will perform this year thanks to a new innovation.
Instead of using one stage, the bands will play on one of two 40-foot
flatbed trailers. While one group is setting up or tearing down equipment,
another will be performing.
Merchants that transport their goods by truck will also be affected.
Any vendor trucks in the park at noon will have to stay until the
celebration is over. Last year some vendors tried to leave as the
fireworks started, causing problems.
There will also be more ice-cold watermelon. Gonzales said the Gallup
Independent will donate five bins of watermelon for the event. There
were three bins last year.
With all these improvements Gonzales expects larger crowds. "There
should be 8,000 to 10,000 people, maybe more," he said. That
would nearly double last year's attendance numbers.
For more information, call KGAK at (505) 863-4444.
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Pirates lose twice
Abby Freeland
Staff Sports Writer
GALLUP — The Pirates couldn't make up an early 5-0 deficit in
the first game of a doubleheader of the 15&16 year old division
Friday night at the Mickey Mantle Field.
The Yankees held on for a 7-5 win over the Pirates in the early game.
In the second game the Giants punished the Pirates 23-4.
Yankees 7, Pirates 5
The Yankees were able to spread out seven runs in five innings to
edge the Pirates in the early Mickey Mantle game.
The Yankees Brian David led off with a triple to left field in the
top of the first inning. Jose Romero followed with an RBI double and
later stole home to score for a 2-0 lead.
The Yankees added another run in the top of the second inning when
Juan Lopez hit a double and later stole home.
Two more runs scored by the Yankees put them up 5-0 before the Pirates
scored their first run in the bottom of the inning.
The Yankees were held in the top of the fourth inning and the Pirates
tried to make a come back with two runs in the bottom of the inning.
Keith Houston and Josh Silva scored runs for the Pirates when they
were walked and both stole home in the bottom of the fourth inning
for a 5-3 score.
The Yankees went on to score two more runs in the top of the fifth
inning and the Pirates' rally fell short when just two runs were scored
in the bottom of the inning.
Al Garcia was the winning pitcher with five strikeouts, four walks,
a hit batter and five hits.
Ferrari, Paul and Donovan Alonzo led the Yankees at the plate all
going 2-for-3.
Daw registered the pitching loss with two strikeouts, a walk and 10
hits.
Skeets led at the plate for the Pirates going 2-for-3.
Giants 23, Pirates 4
The Giants scored 15 runs in the top of the first inning when they
batted around their line up two complete times to lead to the easy
win.
The Giants took advantage of a shaky start by Pirates pitcher Will
Daw. Saucedo was walked then later scored on another walk with the
bases loaded. Jared Montano and Fermin Gallegos were hit by pitches
and Milo Esparza also took a walk.
Derrick Romero had the first hit of the game with a two RBI single
to shortstop. Eddie Olguin hit an RBI single to right field before
the next batter struck out.
The hitting continued when Dominic Howe hit an RBI double to right
field and Domonic Romero safely got to first on a
dropped third strike. Saucedo started the top of the line up again
and cleared the bases on an in-the-park homer to center field.
Jared Montano had the last hit off Daw who was then relieved by Josh
Espinosa. Espinosa didn't start off too hot when he walked Gallegos
and Esparza to load the bases.
Romero followed with a two RBI single and the next batter walked.
The last runs of the inning were scored when Armando Rascon hit a
two RBI double to left field.
In the bottom of the first inning, the Pirates were held when Giants
pitcher Domonic Romero struck out three batters in a row.
The Giants were held to only one run in the top of the second inning.
Montano led off with a single and scored when the pitcher overthrew
the ball at third base.
The Pirates were once again held scoreless in the bottom of the second
inning.
The Giants added seven more runs to their 16-0 lead in the top of
the third inning on a two-out rally.
Domonic Romero started the rally with a double. Butch Espinosa was
then hit by a pitch and Montano followed with an RBI double and later
stole home. Gallegos hit a single to third base and Esparza followed
with an RBI single.
Derrick Romero continued the hitting with an RBI double. Olguin and
Yazzie added RBI singles before the last batter struck out.
The Giants bid for a shutout ended in the bottom of the third inning
with an error.
Keith Houston led off for the Yankees with a hit to the pitcher. The
pitcher bobbled the ball allowing Houston to reach first safely.
Luis Marquez followed with a walk before the next batter was struck
out. Both Houston and Marquez were allowed to score on a dead ball
that got stuck underneath the fence.
Josh Silva loaded the bases on a single and Daw also followed with
a single. Espinosa sacrificed in Silva and Gabe Sisneros ended the
scoring with an RBI single. The rally ended when Sisneros was picked
off by the catcher at second for the last out.
Domonic Romero was the winning pitcher with five strikeouts, a walk
and four hits. Romero also batted 3-for-4.
Montano led the Giants at the plate going 3-for-3. Gallegos and Yazzie
were both 2-for-2 and Olguin was 2-for-3.
The Giants now improve their record to 5-2.
Daw registered the pitching loss with two walks, hit two batters and
gave up five hits.
Silva, Daw, Sisneros and Houston had the only hits for the Yankees.
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Gray's coaching career comes full circle
Carrie Loretto
Sports Editor
GALLUP — Whether it's wrestling, football or t-ball, Marvin Gray
has been involved in coaching for over 20 years. This year, he will
return as Gallup High's head varsity wrestling coach, a position he
previously held from 1982-1991.
"I've always done some kind of coaching," Gray said during
an interview Friday while checking inventory. "It's been something
I've done my entire life."
Gray, a former wrestler for Gallup High and New Mexico Highlands University,
has an affinity for the sport.
"Wrestling excites me, I enjoy coaching, I enjoy being on the
mat..."
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Mets wrap up first, secure state tournament berth
Michael Peretti
Staff Sports Writer
GALLUP — The Mets closed out their regular season Friday with
a 19-2 win against the Pirates to finish out a perfect 14-0 season
and wrap up first place in the 11&12 baseball division.
In the late game at the Pee Wee Reese Field, the Yankees dismantled
the Fort Defiance Diamondbacks 8-0 in five innings.
Mets 19, Pirates 2
The Mets finished their perfect season with a dominating performance
over the Pirates, scoring in every inning and getting a total of 10
hits in the game.
The Mets jumped out right away, scoring three runs in the first inning.
Mario Ponce led off the game with a double, which was followed by
an RBI double by AJ Jaramillo...
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Navajo Nation activities to revolve around youth
Jim Maniaci
Diné Bureau
WINDOW ROCK — The annual Navajo Nation American Independence
Day celebration will be a week-long event with a huge amount of
youth activities added to the schedule.
The 15th annual Professional Rodeo Cowboys Association and Women's
Professional Rodeo Association-sanctioned competitions will be held
Wednesday through Saturday.
But most of the events will be for youth Monday through Sunday,
according to Yvonne Kee Billison, Fort Defiance Agency youth office
director. This year's theme is "Remembering Our Ancestry and
Shaping Our Future."
There also will be two nights of spectacular fireworks around 9
p.m. Wednesday and 9 p.m. Saturday from the Dean C. Jackson Memorial
Rodeo Arena, said Stuart Barton III, Navajo Nation Fair information
officer...
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Tribal Council to tackle gambling issue
Jim Maniaci
Diné Bureau
WINDOW ROCK — Another overloaded agenda faces the Navajo Nation
Council, including a satellite reservation's repeated attempt to
launch Nevada-style gambling as the anchor for an economic development
project.
The council's Ethics-Rules Committee on Friday approved an agenda
containing 28 action resolutions or reports, not counting routine
federal agency reports that the council seldom reaches during its
week-long quarterly meetings.
Delegates will conduct the summer session July 16-20 in Council
Chambers in Window Rock.
One of the items is a request from the To' Hajiilee Chapter to build
a casino about 30 miles west of Albuquerque just off Interstate
40 at the Rio Puerco...
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Dilcon board disputes names
Larry Di Giovanni
Staff Writer
WINDOW ROCK — The Dilkon Recall Committee will be hanging onto
its certified recall signatures by a thread the next several weeks.
A tribal administrative hearing officer holds a recall election's
fate in his hands.
The challenge of the signatures by five members of the Dilcon Community
School board started Friday morning before David Womochil, chief
hearing officer of the Navajo Nation's Office of Hearings and Appeals.
The hearing's first day lasted from 9 a.m. until 2:30 p.m., but
only one witness - outside school board members vouching for affidavits
drafted Wednesday night at board member Kee Ben Begay's house was
heard.
There is plenty at stake. The committee is trying to remove school
board President Margie Barton, Begay, Gerdie Manygoats and Thelma
Singer (also known as Thelma Barton) from the school board, while
also trying to remove Begay from his chapter president's position
and Barton as chapter secretary/treasurer...
Big cash payoff lures INFR team roping
champs
Santiago Ramos
Staff Sports Writer
CHINLE, Ariz. — Without a doubt, the big draw for the contestants
at the dual-sanctioned Claw's Rodeo of Rodeos is the $1,000 cash
payoff to the all-around cowboy or cowgirl.
Defending team roping world champion Lucius Sells of Rough Rock,
Ariz. made a serious pitch for that tempting payoff as he put himself
in the running for the all-around title after the conclusion of
a five-hour marathon opening night at the Gorman Arena Friday night.
Sells, who heels, teammed up with his team roping world champion
header Marco Sells, is sitting in second place in the team roping
and is currently third in the calf roping.
"I haven't won the $1,000 all-around title here before,"
said the 29-year-old Sells who will also be competing at the Taylor
and Whiteriver rodeos this weekend in Arizona. "I hope to win
the $1,000. It will be nice to have. I just have to keep my head
up. There are still lots of contestants left but I was happy with
my runs today..."
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Deaths
Johnny Van Winkle
NAZLINI, Ariz. — Services for Johnny Van Winkle, 62, will be
held at 10 a.m. Monday, July 2, at Church of the Nazarene, Nazlini.
Pastor Tom White will officiate. Burial will follow on private family
land, Nazlini.
Van Winkle died June 28 in Ganado, Ariz. He was born April 14, 1939,
in Nazlini into the Black Streak Wood People Clan for the Bitter Water
People Clan.
Survivors include his wife, Darlene Rose Van Winkle of Nazlini; sons,
Delford Van of Lower Greasewood, Ariz., Ernest Van Winkle of Scottsdale,
Ariz., and Cletis Van Winkle, Ray Van Winkle and Victor Van Winkle,
all of Nazlini; daughters, Brenda Dedman, Millicent Dedman and Alvera
Morgan, all of Nazlini; brother, Henry Van Winkle of Tohatchi; 20
grandchildren and two great-grandchildren.
Van Winkle was preceded in death by his parents, Carl and Alice Van
Winkle; brothers, Guy Van Winkle and Richard Van
Winkle; and sister, Nora Rose Begay.
Pallbearers will be Delford Van, Cletis Van Winkle, Donavan Van Winkle,
Ernest Van Winkle, Ramon Van Winkle and Ray
Van Winkle.
Rollie Mortuary is in charge of arrangements.
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