Rape charges dropped against 2 Gallup men
Andrea Egger
Staff Writer
GALLUP — The District Attorney's Office dismissed charges
in the cases of two men accused of criminal sexual conduct.
Deputy District Attorney Joseph Arite dismissed charges against
Peter Joe, 52, of Hemlock Canyon Drive, because the victim refused
to testify and had changed her story by Thursday's court date
in Magistrate Court. Joe was charged with criminal sexual penetration
and kidnapping, both felonies, and a misdemeanor charge of battery,
according to a police report.
Assistant District Attorney Karen Kingen Etcitty has also dismissed
charges against Guillermo Rios, 56, of N.M. 118 west of Gallup,
who was arrested in June after being a fugitive since 1997 in
a case charging him with attempted criminal sexual penetration,
criminal sexual contact of a minor and attempted incest, all felonies.
Police arrested Rios on the old bench warrant.
Etcitty said she dismissed the charges because she couldn't find
the victims this many years after the incidents.
In Joe's case, a 36-year-old woman met with police in early July
after a neighbor heard her screaming, "He's raping me!"
and called 911.
She said she was drinking alcohol with Joe and got "kicked
out" of Joe's uncle's apartment at Cedar Hills Apartments,
351 Cedar Hills Drive.
Just outside of the apartment complex, she said Joe grabbed her
around the neck and forced her behind a tree.
She said he began choking her while he took off all of her clothes.
He continued choking her while he forced her to the ground.
The officer noted the woman had no bruising or other marks around
the neck.
She said she hit her elbows when he pushed her down. The officer
noted scrapes and scratches on her lower arms and abrasions on
both knees.
The woman said Joe took off his pants and got on top of her. When
Joe took his hand away from her throat, she started screaming,
"Help me! He's raping me!"
When a woman came out of her apartment, Joe got up and ran away.
He was later captured.
Court documents accused Rios of going into the bedroom of a 17-year-old
female relative at his home in 1997 and shaking her awake, according
to Magistrate Court records. The girl told police he tried to
pull down her shorts, but she stopped him.
Then he tried to touch her underneath her shorts, but again she
pushed him away.
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Sex offender faces trial
Vanderwagen man fails to register
Andrea Egger
Staff Writer
GALLUP — A Vanderwagen man will face trial for failing to register
as a sex offender in McKinley County for three years.
The charge against Lionel Skeets, 30, is a fourth-degree felony, said
Deputy District Attorney Joseph Arite. Magistrate Rhoda Hunt determined
Arite had enough evidence to pursue the case in a jury trial in District
Court.
Skeets pleaded guilty in 1995 to criminal sexual penetration, a third-degree
felony. He was released from prison in 1997.
Once offenders are released from prison, they must register each year
as a sex offender with the county sheriff's department.
McKinley County Sheriff's Department Investigator Dee Dee Gonzales
showed evidence that Skeets registered as a sex offender in 1997 and
1998 but failed to do so in 1999, 2000 and 2001, Arite said.
Part of Gonzales' job is taking information for people registering
as sex offenders.
Gonzales has arrest warrants filed for four people who have not registered
as sex offenders in McKinley County.
They are:
Bruce Dennison Beyal, 62, of 1080 W. Highway 66, who has been on the
lam since Gonzales filed a Magistrate Court record on Jan 11. However,
records show Beyal might have left the county and moved to Albuquerque.
Jasper Hanson, 46, of Tohatchi, who has had the charge filed against
him since Jan. 25.
Bradley Clinton Charley, 22, of 1735 W. Cortez St., Apt. 212, Phoenix.
Gonzales charged him Nov. 8 with moving to another state without giving
the McKinley County Sheriff's Department information as to where he
was moving, which is a misdemeanor.
With this information, the sheriff's department can inform the other
state that a sex offender is moving there so the sheriff's department
there can ensure he registers as a sex offender.
Burton Ray Tolino, 43, of P.O. Box 605 in Crownpoint. Gonzales sent
him a letter on Aug. 23 that as of the revision of the New Mexico
Sex Offender's Act, he must register as a sex offender.
When he failed to do so by Jan. 11, Gonzales filed the affidavit for
arrest warrant.
These four have not been picked up on the arrest warrants. Gonzales
said she has five more people she will be filing on for failing to
register.
Gonzales said there are 64 known sex offenders in McKinley County.
There could be many more, but they are juveniles and do not have to
register.
Also, when a juvenile turns 18, his juvenile records are sealed, so
he will never be required to register anywhere as a sex offender.
"People will never know they're there," Gonzales said.
In many cases, Gonzales herself won't even know they are sex offenders.
Others haven't registered because those whose charges occurred before
1995 don't have to register, as the law went into effect that year.
Anyone interested in learning who the sex offenders are and where
they live can go online at www.nmsexoffender.com.
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NAPI given new life
Larry Di Giovanni
Staff Writer
WINDOW ROCK — Navajo Nation Council Speaker Edward T. Begay needed
all of his influence Friday evening to gain a council quorum of 59
delegates on what he called "crucial" items still to be
considered on the last day of the delegates' summer session.
Begay's effort paid off, starting with his own speaker-sponsored enabling
legislation for the financially strapped Navajo Agricultural Products
Industry. The item squeaked by with a 44-13 vote with two abstentions
exactly 59 delegates voting.
The enabling legislation will take "new NAPI," the current
catch phrase for the tribal farm enterprise south of Farmington, in
a different direction. That direction demands professional credentials
from its farm board, a narrowed emphasis on farming without side ventures
and Navajo control of NAPI's land and water resources. "Stringent"
internal control policies for personnel management, records keeping,
procurement and financial accounting will be used "immediately,"
the legislation says.
"The goals and objectives of Navajo Agricultural Products Industry
are intended to make a profit and operate as a business, not as a
government agency," it specifies.
Enabling legislation passage means the council has accepted a new
Plan of Operation, oversight of which comes from the tribe's Economic
Development Committee. EDC members passed the Plan of Operation Thursday,
with NAPI's current board approving it Tuesday.
The plan states that the new NAPI board will be reduced from seven
members to five. Each member must have a bachelor of science degree.
At least three board directors must have "substantial" (defined
as a minimum 10 years) experience in successful agribusiness farming
that came outside NAPI. At least one director must be educated in
the field of agriculture.
Preference for board membership will be given to Navajos.
By a 43-18 count, delegates passed a motion containing council directives
proposed by Shiprock Delegate Wallace Charley that asks President
Kelsey Begaye to ensure that all new NAPI board members are in place
by year's end. Begaye appoints each prospective board member, who
is in turn confirmed or not confirmed by EDC.
"The directive by Mr. Charley is no problem," President
Begaye said. The president added that he is working toward that end
already with Division of Natural Resources Director Arvin Trujillo.
Begaye also told the council after Charley's inquiry that the tribe
is advertising for a permanent NAPI general manager.
Deadline for applications is Aug. 10.
As a compromise measure within the Plan of Operation, one board member
must reside within District 13, the Fruitland/Nenahnezad/San Juan
chapters area, with another to reside in District 19, the Huerfano/Nageezi
area. The compromise was offered by NAPI board member and San Juan/Nenahnezad
Delegate George Arthur.
These areas represent the boundaries of the entire acreage reserved
for NAPI, which is 110,630 acres. Of that amount, about 64,000 acres
is available for production, with only 36,000 acres in production
this year.
NAPI receives a huge allotment of San Juan River water reserved at
370,000 acre-feet through an agreement with the Interior Department.
Speaker Begay said he considered the agreement tribal "water
rights," though it isn't water rights as defined by Indian reserved
water rights.
The farm lost had an operating debt of $11.75 million from 1995-99,
according to a Mid Kansas Agri Co. report. Farm sources have said
the 2000 operating year debt was $5.2 million. Charley said he is
aware that given limited acreage this year, NAPI may see another huge
debt when 2001 fiscal year figures are produced, before it can turn
around and start earning a profit. He said that could take seven or
eight years.
"As you are aware, NAPI is in a financial and management crisis,"
President Begaye told delegates.
However, the enabling legislation and new Plan of Operation have involved
a coordinated effort to turn around NAPI's fortunes. The principal
parties have been the President/Vice President's office, Speaker's
Office, EDC, tribal Department of Justice and current NAPI board,
which contains three delegates. On the council floor Friday, the delegate
scrutinizing and fine-tuning that work with council backing was Charley.
Charley said he is now cautiously optimistic that NAPI will start
earning a profit in future years. He added that his main objective
was having a new NAPI board in place by year's end.
"It is real obvious that the EDC and the NAPI board didn't want
to make their moves until the last couple of days," he said.
Referencing NAPI's new legislative directives, Arthur said, "I
think the Speaker's Office carried this quite extensively, Mr. (Leonard)
Gorman, the speaker's attorney, and the speaker himself."
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Albuquerque team to beat in final rounds
Heat continues to pound the ball, teams in tourney
Michael Peretti
Staff Sports Wrirter
GALLUP — Albuqueurque is the only undefeated team left in the
Mickey Mantle State Tournament.
Santa Fe jumped out to an early lead but could not keep up with constant
scoring by Albuquerque as the Heat picked up a 13-6 win over Santa
Fe at Veteran's Memorial Complex Friday evening.
In the other game on Friday, the Las Cruces Saints were eliminated
by Moriarty, 24-4.
The Heat will face Espanola this morning at 10 a.m. Moriarty will
play Santa Fe today in an elimination game at 12:30. The championship
game will be held at about 3 p.m with the "if" game on Sunday.
Albuquerque 13, Santa Fe 6
Santa Fe jumped out to an early 3-0 lead, but could not defend against
three four-run innings by Albuquerque late in the game.
In the top of the first inning, Santa Fe scored three of its first
batters. Mike Prada and Jerrid Garica scored on a double by Julio
Gomez. Gomez later scored on a ground out by Ryan Ramirez.
Albuquerque scored one run in the bottom of the inning. Leadoff batter
Jordan Pacheco singled to left field and scored on a sacrifice fly
by Richard Nicasio.
Neither team scored in the second, and Santa Fe looked to put the
game away in the top of the third.
Santa Fe added two more runs to their lead, with three walks to start
off the inning. With no outs and the bases loaded the Albuquerque
catcher allowed two balls to get away to score Ben Post and Julio
Gomez. Albuquerque picked off one runner and struck out two to get
out of the inning and get back up to bat.
Albuquerque quickly got back in the game, tying it with a four-run
fourth. Dusty Watts started off the inning by getting hit and then
Jordan Pacheco scored him with a single. After James Parr reached
on an error, Matthew Quillen scored Pacheco with a hit to third that
got into the outfield. Both Parr and Dusty Watts, who was walked,
scored on a hit by Aaron Engh before the inning was over.
With the game tied Santa Fe was held to only one hit in the fourth
and Albuquerque took advantage, scoring four runs in the bottom of
the inning.
Cameron Eklunds started the rally with a triple for Albuquerque, Eklund
scored on a hit to third by Watts. Pacheco and Parr were both walked
and all three scored on a hit by Quillen to give Albuquerque a 9-5
advantage.
Santa Fe was able to get back on the board in the fifth, scoring one
run. Gomez led of the inning with a walk and scored on a fielder's
choice hit by Aaron Hernandez.
Albuquerque struck again in the sixth, scoring another four runs.
After Pacheco scored on a single by Parr, Albuquerque put two runners
on for Aaron Engle, who hit a three-run homer over the right field
fence to score the final runs of the game.
Picking up the pitching win for Albuquerque was Nicasio, coming in
on relief and going 2 1/3 with one run on three hits.
With the loss for Santa Fe was Ben Post, going the distance with 13
runs on six hits.
Leading hitters for Albuquerque were Pacheco and Chase, both 2-for-3.
Moriarty 24, Las Cruces Saints 4
A big third inning put the game away for Moriarty, as they went around
the lineup and scored every batter at least once.
Moriarty wasted no time in the game, jumping out to a 5-1 lead in
the first.
Las Cruces held the lead briefly when Lago DeLeon singled and scored
on a Zeke Rodriguez single.
Moriarty took over the lead in the bottom of the inning, scoring five
runs on two hits and two hit batters.
Las Cruces was held in the top of the second and Morarty added a pair
in the bottom of the inning.
With one out Steven Gonzalez singled and Kyle Blanks followed with
a single. Gonzales scored on a fielder's choice hit by Adam Klein
and Blanks scored on a hit by Bobby Moore.
Las Cruces scored two runs in the top of the third, but Moriarty came
right back and had their big inning, scoring 10 runs.
Moriarty scored the first nine batters in the inning and then scored
one more with one out. Seth Gilleland scored twice in the inning,
reaching on an error and a fielder's choice. Moriarty only got four
hits in the inning, but got two runners on with walks and two with
errors.
With a 17-3 lead Moriarty, cruised to the win. Las Cruces scored one
run in the fourth, but Moriarty answered with seven more in the bottom
of the inning.
Las Cruces put three runners on in the fifth, but had one thrown out
and stranded the other two and the blowout game was ended under the
"mercy rule".
Leading the way for Moriarty's hitters was Kyle Blanks, going 3-for-4.
Bobby Moore, Chance Kelly, Julain Chavez and Joel Gilleland all had
two hits apiece.
Zeke Rodriguez went 2-for-2 and Lago Deleon both went 2-for-3 from
the plate to lead Las Cruces.
With the pitching win for Moriarty was Seth Gilleland, going four
innings giving up four runs on six hits. With the loss was Eric Martinez
going two plus inings, giving up 10 runs on eight hits and two hits
batters.
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Rotary installs officers
Staff Report
GALLUP — The Gallup Rotary Club has installed officers for the
year beginning July 1.
Outgoing president Terry Hamilton passed the gavel to incoming president
David Baltzer. Other officers include: Gail Oglesbee, president-elect;
Doug Evilsizor, vice-president; Howard Britt, treasurer; and Larry
Dorsey, secretary.
Paul McCollum and Jerry Ross succeed outgoing board members Perry
Null and Jerry Smith. The Rev. Jay McCollum, Bob Fultz, Sammy "C"
Chioda, and Dr. Charles Harvey remain on the board.
Mark Gartner is editor of the club's newsletter, The Howl.
Barbara Quinones chairs the membership committee and Bob Fultz chairs
the Community Service Committee. Ed Jungbluth is sergeant-at-arms
and guardian angel...
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Shiprock gets new police captain
Jim Maniaci
Diné Bureau
WINDOW ROCK — Tribal police have filled one patrol division captain's
position while the Navajo Nation hiring process is under way for another.
Randy John, former candidate for San Juan (N.M.) County sheriff, has
been named the new commander of the Navajo Nation's Shiprock Law Enforcement
District.
Already a captain, the 41-year-old Fort
Lewis College graduate will transfer on Monday from the Shiprock Criminal
Investigations District commander to the Law Enforcement District
commander for one of the most active among the seven tribal police
precincts.
Meanwhile, Law Enforcement Department Acting Chief Capt. Francis Bradley
waits on the hiring process to give him a list of candidates for a
brand new position captain in charge of the growing Kayenta Law Enforcement
District...
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Navajo Nation Council ends summer session
Dine' Bureau
WINDOW ROCK — Here is a summary of the Navajo Nation Council's
actions Friday, the last day of the summer session:
By a 69-0-1 vote, accepted a report from U.S. Supreme Court Associate
Justices Sandra Day O'Connor and Stephen Breyer.
By a 61-9 vote, took $150,000 from the Undesignated Reserve Fund
for the Coal Mine Mesa Chapter to have $1.5 million to build a new
chapter house upon learning the emergency operation fund was increased
two days before to $18 million from less than $600,000 with $15
million of the increase from a one-time payment by Transwestern
Pipeline Company.
By a 52-2 vote, amended the previous day's approval to use all the
18 cents a gallon land vehicle gas tax for roads to allow for the
reduction off the top of the approximately $10 million a year by
the six special funds within the general fund...
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Ceremonial finances in better shape this year
Bill Donovan
Staff Writer
GALLUP — Those who think that the Gallup Inter-Tribal Indian
Ceremonial is ready for the last rites may have to reconsider their
predictions. The event apparently has a lot of life still left in
it.
Louis Boniguidi, chairman of the Ceremonial Association's board
of directors, said that the organization has managed to get rid
of most of its debts.
"Last November we were $70,000 in debt," he said. "But
thanks to our membership and a few major contributors, we are at
the point of eliminating that debt."
The Public Service Company of New Mexico recently came through with
$30,000 and Intel donated $5,000 plus 10 computers...
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Supreme Court justices meet Shoshones
RENO, Nev. (AP) — Congressional action may be necessary to
solve differences between tribal and federal courts, U.S. Supreme
Court Justice Sandra Day O'Connor said Friday.
"I'm wondering if it's reasonable, if it's time to have Congress
involved," O'Connor said during a panel discussion held at
the National Judicial College, on the University of Nevada, Reno
campus. "I have a hunch there may be some receptivity (by Congress)."
But Tribal Judge Carey Vicenti was skeptical that taking the thorny
issue of tribal and federal jurisprudence to Congress would benefit
Indian people.
"We are so vulnerable," he said. "We are constantly
subject to the majority tyranny..."
She's got high hopes
More experienced Byerley hoping for better showing
Santiago Ramos
Staff Sports Writer
GALLUP — Barrel racing and pole bending state champion Chelsee
Byerley of Gallup heads an area contingent to next week's National
High School Finals Rodeo that gets underway Monday in Springfield,
Ill.
Also heading to nationals are the Crownpoint team roping combination
of Reid and Cauy Francisco, Grants breakaway roper Jenna Lucero,
Brimhall steer wrestler Julio Mitchell, Kayenta, Arizona bullriders
Bert Jones and Daniel Etsitty and Sanders, Ariz. bullrider Henson
Winn.
The week-long high school finals rodeo will kick off Monday, July
23, and will run until Saturday, July 28, with two go rounds of
competition. The top 20 in each of the events qualify for Sunday's
short go finals on July 29 to determine the national champions.
There will be two performances daily at 9 a.m. and 7 p.m. except
for the short go which will be at 1 p.m...
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Deaths
Louella Ann Notah
SAINT MICHAELS, Ariz. — Services for Louella Notah, 40, will
be held at 10 a.m., Monday, July 23 at Our Lady of Blessed Sacrament,
Fort Defiance, Ariz. Father Meldon Hickey will officiate. Burial will
follow at C. Upshaw Memorial Cemetery, Saint Michaels, Ariz.
A rosary will be recited at 7 p.m., Sunday, July 22 at Saint Michael
Catholic Church.
Notah died July 19 in Gallup. She was born Oct. 13, 1960 in Fort Defiance
into Todichiini for the Tachiini.
Notah graduated from Window Rock High School, Fort Defiance and Southwest
Polytechnical Institute, Albuquerque.
Survivors include her son, Reuben T. Notah of Saint Michaels; parents,
Thomas R. Notah Sr. and Alice W. Notah; brothers, Ferdinard Notah
and Edison Notah both of Saint Michaels, Thomas Notah Jr. of Albuquerque,
Timothy Notah of Phoenix and Emerson Notah of Lafayette, Colo.; sisters,
Jenny Notah of Window Rock, Gloria Tom of Saint Michaels and Sharon
White of Albuquerque.
Notah was preceded in death by her sisters, Arlene Notah and Brenda
Notah and grandparents, Tay and Mildred Notah and John C. and Onebah
Watchman.
Pallbearers will be Jimmy Tom, Gilbert White, Ferdinand Notah, Edison
Notah, Eldon Slinkey and Emerson Notah.
The family will receive friends and relatives after the burial services
at Saint Michaels Mission Hall.
A family meeting will be held at 6 p.m., tonight at the Saint Michaels
Chapter House.
Cope Memorial Chapel is in charge of arrangements.
Leah Elizabeth Yale
GALLUP — Services for Leah Yale, infant, will be announced at
a later date.
Yale died July 18 in Gallup. She was born June 7 at Gallup.
Rollie Mortuary is in charge of arrangements.
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