Arraignment



 

Friday
August 24
2001

( selected stories )

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— Contents —

Trial set for brothers
1 accused of killing state cop


Director of health care corporation reinstated

Grants School Board reviews academic programs

Sports



Grants pulls off tough win


Teen's injury costs GIMC $15 million


Woman's body found in home

Foul play considered in death of Chinle man

County promises memorial if voters OK complex

Job future hinges on trial

Deaths



Contact the Gallup Independent



At top left, Zacharia Craig, 19, listens as attorney Trienah Meyers Gorman discusses a motion during his arraignment before Judge Camille Olguin at the Cibola County Courthouse in Grants. Craig is accused of killing New Mexico State Police Officer Lloyd Aragon on Aug. 1. At right, Aron Craig looks toward the press during his araignment Thursday in Cibola County Magistrate Court in Grants.

Photos by Jeff Jones

 



Trial set for brothers
1 accused of killing state cop


Tom Purdom
Staff Writer

GRANTS — In a district courtroom ringed with security, brothers Aron and Zacharia Craig were arraigned Thursday in back-to-back hearings and Dec. 10 trial dates were set for both.

Aron Craig, 21, of Albuquerque, will stand trial for receiving/transferring a stolen vehicle, resisting, evading or obstructing a peace officer and shoplifting. Zacharia Craig, 19, also of Albuquerque, will stand trial for the Aug. 1 death of New Mexico State Police Officer Lloyd Aragon during a high-speed chase on Interstate 40 on the eastern edge of Cibola County near Mile Marker 123.

Zacharia Craig is facing an open count of capital murder and 29 others in relation to the chase. Because a police officer was killed, he could face the death penalty.

Aragon was killed while standing in the interstate center median after putting stop sticks in the eastbound lanes of the highway to stop a speeding vehicle that police say was stolen and driven by Zacharia Craig. Police say Zacharia Craig swerved in the highway to miss the stop sticks and hit Aragon head-on, killing him instantly.

The younger Craig was being chased by two New Mexico State Police officers and a Grants Police Department officer after the brothers allegedly shoplifted some $600 worth of an over-the-counter antihistamine from Wal-Mart Supercenter in Grants earlier in the day. The brothers were spotted by store employees in the shoplifting incident reported to Grants Police.

A police officer stopped the Craig brothers in a 1995 Toyota pickup truck, which was reported stolen from the Albuquerque area earlier. The officer was questioning Aron Craig, when Zacharia Craig slid over in the cab of the truck from the passenger side to the driver's side and sped off.

The police took chase after Zacharia Craig, while Aron Craig apparently seized the opportunity to run for it, but was caught.
Police say Zacharia Craig was driving toward Albuquerque when Aragon was killed a few minutes later.

Bond issues


Thirteenth Judicial District Judge Camille Olguin reduced Aron Craig's bond from $1 million to $50,000, despite arguments from Assistant District Attorney Michael Calligan that the bond should be kept to at least $100,000.

Olguin then sided with Calligan on Zacharia Craig's "no bond" issue because of the seriousness of the massive 30-count grand jury indictment against him, but she added she may revisit Zacharia Craig's bond issue later.

The brothers were led into the courtroom separately in back-to-back arraignments.

Aragon family members sat on one side of the courtroom while the Craig brothers' mother, father and sister sat on the other side of the courtroom.

Each of the brothers wore prison garb and chains as they were led into the courtroom.

Gallup Attorney Robert J. Aragon is Aron Craig's court-appointed attorney, but during the arraignment, Grants Attorney Gary Fernandez handled the case. He argued that two of the charges against Aron Craig were fourth-degree felonies and one was a misdemeanor, which did not merit the $100,000 bond sought by Calligan. Fernandez said $100,000 in "this case is excessive."
He said Aron Craig was not a flight risk.

"I've never run yet from a trial," Aron Craig blurted out. "I've never skipped my arraignment from the court. I'll show up for the hearing ... I always have."

Olguin warned Aron Craig if he gets out on bond and fails to show up for any of his court hearings that a bench warrant would be issued for his arrest.

Cibola County Sheriff's deputies led Aron Craig out of the courtroom and then led Zacharia Craig into the courtroom.

His hair close-cropped, Zacharia Craig took a quick look at his family seated in back of him, and then looked briefly at the congestion of media and cameras in the jury box while he fidgeted with the chains securing him.

Calligan told the judge the state wanted to keep Zacharia without bond. His court-appointed attorney, Trienah Meyers Gorman of Albuquerque, agreed that the bail issue could be argued at a later time.

Unlike his brother, Zacharia Craig waived his right to have the charges against him read in court. Both brothers, during their initial appearances held behind closed doors at the Cibola County Corrections Center in Milan, pleaded not guilty to the charges against them.

Meyers Gorman went through several motions she filed with the court minutes before the arraignments began. The motions ranged from allowing Zacharia Craig to visit the prison law library to allowing him to wear civilian clothes during hearings and additional time to file motions. In all she filed 11 motions.

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Director of health care corporation reinstated

Larry Di Giovanni
Staff Writer

WINDOW ROCK — The Navajo Health Care System Corp. executive director's job is safe through Dec. 31, at least and Lydia Hubbard-Pourier will gain back pay retroactive to July 31.

The corporation's CEO since June 25, 2001, Hubbard-Pourier's initial contract expired July 30.

A short-lived "moratorium" ended Thursday at the hands of the tribe's Health and Human Services Committee. The moratorium halted, for about 10 days, plans for the Navajo Nation to approve the corporation's take-over of tribal health care management from the Indian Health Service.

The Navajo Nation Council is heading for a vote on the Public Law 93-638 contract, likely before the end of the year.

On Wednesday, during what one Window Rock source described as a "volatile but productive" session, a group worked out their differences, which involved Navajo President Kelsey Begaye, Vice President Taylor McKenzie, committee members,
Hubbard-Pourier and Judy Begay-Secody, executive director of the Navajo Division of Health.

Wednesday's session paved the way for the Health and Human Services Committee to extend Hubbard-Pourier's Professional Services Contract, under which her salary is $110,000 yearly, and also allows the corporation to continue business through
Dec. 31 by receiving a $400,000 tribal grant through a Letter of Assurance agreement.

The grant will be used mainly to pay salaries of NHCSC staff, Hubbard-Pourier said.

"I do want to indicate to the committee that we do not have any operating funds," she said.

A motion by Delegate Bill Yazzie (Pinon) to defer the $400,000 expenditure until Sept. 11 failed 4-2, with Delegate Dylmer Yazzie (Many Farms/Rough Rock) voting with Bill Yazzie. Voting against the motion were Delegates Annie Descheny (Breadsprings/Church Rock), Lula Jackson (Shiprock), Harry Hubbard (Becenti/Standing Rock/White Rock) and Peterson Yazzie (Tohatchi).

Descheny said approving Hubbard-Pourier's contract extension without continuing to fund the corporation and its IHS take-over plans made little sense.

"(Without the $400,000), Ms. Pourier can just sit there like this, with no staff, and get paid," Descheny said.

The $400,000 grant comes from $1 million approved by President Begaye on June 20, 2000, for transitional costs related to the tribe's share of administering a Self-Determination contracting initiative. Of the $1 million, $315,000 was spent in fiscal year 2000, leaving $685,000 for this fiscal year, which ends Sept. 30.

Hubbard-Pourier's contract extension was approved 6-0. The main motion to approve the $400,000 grant passed 4-1, with Bill Yazzie the "no" vote. Jackson had left the room temporarily and did not vote.

Hubbard-Pourier, backed by NHCSC Board President Helen Bonaha and board member Thomas Atcitty, was buoyed by the committee's decisions.

"I've seen your commitment again to the project," Hubbard-Pourier told the committee.

Following the meeting, she said approval of the Letter of Assurance is like "sending a teen out on his own." The non-profit corporation is authorized in its bylaws to act independent of the Navajo Nation Council and its standing committees. Bonaha said that won't be the case unless and until the 638 contract is finalized.

Secody said the committee needs to understand that in approving the resolution that accepted the Letter of Assurance, she and the Division of Health will no longer be responsible for day-to-day administering of the grant fund. That responsibility now falls on the corporation. Roz Chapela, a Division of Health official who had control of the fund, is now administering the division's Medicaid program, Hubbard-Pourier said.

Group action Wednesday and the committee's decisions Thursday appear to stave off, at least temporarily, disagreements over grant jurisdiction and procedure. In a July 19 memorandum, Begay-Secody said she had been left out of the loop in regard to Letter of Assurance approval. She also expressed concerns that until this week, the Health and Social Services Committee had also been excluded.

"The (Letter of Assurance) lacks an approved Plan of Operation, the budget was not included in the Division of Health or Executive Branch budget; and (it) lacks the Health and Social Services Committee resolution supporting the grant request," Begay-Secody's memo said.

The memo said any spending of Navajo Area Indian Health Service "tribal shares" means "The Navajo Division of Health is responsible for these funds and this budget packet bypassed the division."

Begay-Secody also expressed concerns over recommendations made by Malcolm Curley, a tribal Contracts and Grants officer, and Tom Christie, the tribe's 638 contract lawyer with Navajo Department of Justice. She said they incorrectly advised the corporation to approve the grant request without HHS Committee approval.

"I absolutely disagree with this recommendation," she said.

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Grants School Board reviews academic programs

Tara Drolma
Staff Writer

GRANTS — Educators gave presentations to the School Board this week on programs for a community radio station on the east side of the county, a review of the high school honors programs, a video on the Extended School Year summer program and a request for a service learning requirement at the high school.

Honors curriculum

Board member Bob Murdoch worked with Assistant Superintendent John Bryant to review curriculum for honors and advanced placement (AP) courses at the high school. Murdoch said he used his board salary to pay 11 educators to review the programs.

In his report Murdoch said all the reviewers rated the AP Honors Chemistry and the Honors Biology curriculum as outstanding. They said the formats for the two programs were both excellent and they recommended using them as a model for all of the other curriculum. The English Four honors program was also given high marks.

Murdoch said reviewers determined most honor curriculum guides are not aligned with State Department of Education (SDE) standards and benchmarks. In mathematics, reviewers found it difficult to fit the course content to the standards.

Reviewers said more detail needed to be included in the curricula and the goals portion should be expanded and stated in terms of benefits to students. Behavioral objectives should be clarified by stating the outcome for each method and task the student will compled.

Other recommendations included: more frequent review of curricula; the criteria used in grading needs to be determined and made clear for students and parents; the curricula should state how the honors course differs from the regular course; sample lesson plans; and sample exams should be included.

Murdoch said parents have the right to ask for a copy of the curricula for classes and he urged them to do so.

Community radio


Bob Tenequer from the Laguna Department of Education updated the board on the ongoing planning process for a community radio station that would serve the communities of Laguna, Acoma, Cubero and Seboyeta.

Tenequer said there is no "right way" to provide community radio service and he plans to hire a consultant to help with the planning activities and the preparation of the application for a planning grant from the U.S. Department of Commerce.

Tenequer said the importance of local participation in the planning process can't be overstated and the level and quality of that participation will determine the success of the project.

Community radio stations are primarily funded through listener donations and feature local programming, often in the language of the people they serve. As an example, a station in California targets low-income migrant workers with Spanish language programming and station KABR in Alamo, N.M., serves its small isolated population with programming that is almost exclusively Navajo.

According to Tenequer, the project can be a springboard for creating a media curriculum for high school students and he is working with the Laguna Acoma Task Force so that space will be provided at the new high school for a media station.

Extended year

The Extended School Year is a federally funded program to help students with learning retention during the summer. Gloria Chavez, director of Special Education Programs, said the five-week summer program that was held at Mesa View and Cubero this year was open to all students.

The staff of six teachers, including one general education teacher, served 40 to 50 students and they hope to increase that number next year. Chavez wants to extend the program to more sites on the eastern side of the county.

Chavez showed the board a short video that documented the diverse activities that were provided. Students made rockets, studied math, reading, and writing and ended the summer with a trip to the Rio Grande Nature
Preserve.

School to careers

Nancy Sims-West, a teacher at the high school, told the board all of the students at Grants High participate in School-to-Careers that was started four years ago using federal grant money.

The program places students in one of four career clusters based upon their interests. Each cluster contains numerous smaller pathways students can follow.

This year teachers want to add a service learning component to the program. In it students would do volunteer work in the community.

Sims-West asked the board to make the School-to-Careers program include the service learning a requirement for graduation.

Keresan class

Principal Greg Rockhold said the first Keresan class has started at Laguna Acoma High School. The first class is for Acoma students, but the administration is hoping to offer a class for Laguna students in the future.

Twelve students have signed up for the class and it will be "up and running" by next Monday.

Rockhold said he hoped this would help both tribes keep their languages alive. Right now the tribal Head Start programs are offering the languages and it is also taught at St. Joseph's, Cubero and Sky City School, but the resources are limited.

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Zuni turns back Rehoboth

Santiago Ramos
Staff Sports Writer

ZUNI — Zuni overcame first-match jitters to turn back Rehoboth 15-9, 15-12, 15-9 Thursday night in a season-opening volleyball match.

"The girls were so nervous," Zuni head coach Karen Kercher said. "I just told them to relax and play our game. Our communication helped us on the court and that made for a smooth transition."

Zuni will compete in the Belen Invitational Friday and Saturday while Rehoboth will host Newcomb Saturday at 1 p.m.
After grabbing an easy 15-9 win in the opening game, Zuni struggled through the second game against Rehoboth.

The Lady T-Birds took a quick 4-0 lead in the second game which included a kill by junior starter Amanda Simplicio and an ace by sophomore starter Jara Hooee.

But Rehoboth stormed back with seven straight points with senior setter Erika Romero serving. A kill by senior Erin Holwerda along with a pair of aces by Romero keyed the Lady Lynx rally.

Zuni bounced back to tie the game at 7-all as junior Jennilee Gardner served three straight aces. Rehoboth stole the lead for the final time on a hit out along with a kill by junior Jamie Holwerda.

With senior Matiya Dosedo serving, the Lady Thunderbirds tied the game for the final time as Dosedo served an ace and junior Alison Lementino came up with a nice stuff block for the go-ahead point.

Hooee delivered a kill before Alison Lementino pounded an ace that landed just inside the line for the 12th point for the Lady T-Birds. Lementino served another ace as Zuni went ahead 13-9 before Rehoboth got the sideout.

The Lady Lynx pulled to within one point after three net hits by the Lady T-Birds. Zuni put away the final two points for the game, 15-12, despite four service errors in the game.

"The second game was our off-game," Kercher said. "The girls were excited because they had won the first game. This year we have some awesome servers if we can learn to be more consistent. This is the first time that I've had so much talent on the team. We just haven't put it together."

"It's tough to do to win the last three games," first-year Rehoboth coach Jennifer Gosden said about the key second game.
"We need to work on our power. We have to be a little more aggressive in our hitting. We're a little timid. We're hustling out there and that was good."

In the third game, Zuni broke a 4-all tie on a dink kill by Alison Lementino and an ace by Simplicio and never trailed the rest of the way.

The Lady T-Birds pushed their lead to 11-5 before the Lady Lynx rallied briefly.

Rehoboth cut the Zuni lead down to 13-8 before the Lady Thunderbirds were able to put the season-opening match away.

Zuni missed on its first match point before Rehoboth scored its final point on a hit out-of-bounds. Zuni got the sideout as Gardner served an ace to end the game and the match, 15-9.

Zuni had six service errors in the third game, hitting on 21-of-27 serves while Rehoboth was 20-of-23 from the line.

Zuni was led by Alison Lementino who had nine spikes, three kills, 15 digs, six dinks, two dink kills along with 18 sets and two assists; Jara Hooee with 32 sets, four assists, 31 digs, 20 service points and seven aces; Matiya Dosedo 11 service points, two aces and 15 digs; Jenilee Gardner 19 digs and six spikes and Monica Cooeyate 31 digs.

Rehoboth senior setter Erika Romero led the Lady Lynx with four kills, two aces while serving for 14 points. Freshman April Giron came off the bench and served for 10 points.

In the JV match, Zuni breezed to a 15-4, 15-8 win over Rehoboth.

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Grants pulls off tough win

Abelita Rose Freeland
Staff Sports Writer

FORT WINGATE — The Grants Lady Pirates took a 15-13, 8-15, 15-13, 7-15, 15-11 hardfought victory over the Wingate Lady Bears in both teams' season opener Thursday night at Wingate High School.

The teams exchanged leads throughout the match and there were a total of 17 ties in the five games played.

"It was nice that they (Grants) kept their confidence because Fort Wingate is a tough team," said Grants head coach Audrey Dominguez. "We did really well and it was nice that they stayed very aggressive."

"I am so proud of them considering only two weeks of practice," said Lady Bears coach Jennifer Gillson. "I am proud of the enthusiasm and willingness to play hard..."

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Teen's injury costs GIMC $15 million


Andrea Egger
Staff Writer

GALLUP — Rex Freeland of Becenti Lake turns 18 today, but he doesn't know it. He is alive, but in a permanent "vegetative state."

Freeland's parents, Roselyn Chia and Roger Freeland, were awarded $15 million Tuesday in a federal lawsuit against the U.S. government for the negligent care he received at Gallup Indian Medical Center when he underwent surgery for an abscessed tooth in 1999. District Court Judge Martha Vazquez of Santa Fe made the judgment in U.S. District Court.

Vazquez determined that $11.3 million will be needed for the teen's future medical care, while the rest is for the emotional trauma of his family and for the teen's loss of a normal life.

Guy Dicharry of Albuquerque, attorney for the parents, said Thursday that the family was pleased at the judgment but outraged at the hospital...

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Woman's body found in home


Andrea Egger
Staff Writer

GALLUP — Police are looking for suspects in the suspicious death of a Gallup woman.

Lola Yazzie, 52, was found dead on the floor of her trailer at 804 Alto Street in Red Hills Mobile Home Park, said Gallup Police Lt. John Allen, department spokesman. Detectives weren't able to see any obvious signs on the body to indicate what caused her death.

Police noted signs of a struggle in the house, Allen said. She hadn't been seen in a couple of weeks.

"She'd been there for quite a while," Allen said...

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Foul play considered in death of Chinle man

Jim Maniaci
Diné Bureau

CHINLE, Ariz. — Navajo police are trying to determine if a missing 30-year-old chapter resident has been murdered.

Jasbert Sam, who lives about one-and-one-half miles southeast of the White House Overlook turnoff to the southern arm of Canyon De Chelly, was last seen by his family on Saturday.

His abandoned and vandalized 1997 white Chevrolet Blazer with Arizona license plates was found Sunday at Round Rock Lake. Since Sam was not found, it raised the question of a possible homicide.

Police are asking the public's help in finding Sam. Anyone who has seen him since Aug. 18, or knows where he is, should telephone the tribal police station in Chinle at (928) 674-2111 or -2112 any time day or night, and ask for the supervisor on duty...

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County promises memorial if voters OK complex

Bill Donovan
Staff Writer

GALLUP — County officials said Thursday that if voters agree on Sept. 11 to fund a new county government complex, it will include a memorial to area veterans.

District Court Judge Grant Foutz, who chairs a committee established by the county to look at various proposals for the site of a new courthouse, said the group favors the idea of building around the current courthouse and developing the area into a plaza.

Somewhere in that plaza, he said, the committee has decided to erect a memorial of some kind to area veterans, including those in the Bataan Death March. No decision has been made yet on what the memorial would look like that will come if voters approve the funding for the new complex.

Foutz and other members of the committee held a public meeting Thursday to get support for approving a new tax to pay for the $9 million or so it would cost to build the plaza. About 20 persons showed up to hear the presentation and give comments...

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Job future hinges on trial

Tom Purdom
Staff Writer

MILAN — For the second time, the board of trustees Thursday refused to fire accused embezzler Sandra Gonzales. The decision was made in a meeting Thursday, some 479 days after a village audit uncovered a public money theft scam involving more than $180,000.

The board discussed firing Gonzales, the village clerk, during a hastily-called executive session. She has been on a suspension without pay since May 15, 2000.

Village Mayor Elisabeth Lopez-Rael, who asked that the matter be placed on the agenda, came out of the executive session saying the board wanted to wait for Gonzales' trial.

Meanwhile, her trial on 43 counts of embezzlement and one count of destroying public documents could come as early as 9 a.m. Sept. 17, according to court documents...

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Deaths

Virgil Ralph Jones


CORNFIELDS, Ariz. — Services for Virgil Jones, 23, will be held at 10 a.m. Saturday, Aug. 25, at Ganado Presbyterian Church. Pastor Irvinson and Associate Pastors Walt and Leo Jones will officiate. Burial will be held on Ba'a'lok'aa'i family plot.

Visitation will be held one hour before services at Ganado Presbyterian Church.

Jones died Aug. 21 in Albuquerque. He was born Feb. 1, 1978, Ganado into the Bitterwater People Clan for the One Who Walks Around Clan.

Jones was a 1996 graduate of Ganado High School. He also attended Dine College in Tsaile, where he played collegiate basketball. He enlisted in the US Army as an ammunition specialist. He was stationed in Fort Knox, Kentucky, and later reassigned to Fort Irwin, Calf. He was honorably discharged in April 2001.

He hobbies included drawing, participating in sports, playing video games and watching movies.

Survivors include his mother, Victoria C. Jones of Lower Greasewood, Ariz., and sisters, Valerie J. Jones of Flagstaff, Ariz., Henrietta L. Jones and Rachelle J. Cleveland, both of Lower Greasewood.

Jones was preceded in death by his father, Henry "Hank" Jones, and grandparents, Camillius and Winifred Cleveland, Ralph and Mary Ann Bluehouse Jones.

Pallbearers will be Kendell Lee, Laren Nez, Shane Nez, Clinton "Jay" Smith, Harland Cleveland, Fernando Jones, Royce Jones and Olin Bluehouse.

Tse Bonito Mortuary is in charge of arrangements.

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