Suit against cops hangs on warrant
Andrea Egger
Staff Writer
GALLUP—It was a case of mistaken identity—or rather,
mistaken location.
Reports issued Wednesday by Gallup Police Lt. John Allen, department
spokesman, clear up some of the facts behind the
March 31 search of the home of Michael Diaz of 504 S. Seventh
St.
Diaz filed a lawsuit against the police department Aug. 15 in
relation to this search.
Police had a search warrant for 504 S. Seventh St., which is next
door to Diaz's home.
Officers searched the wrong home.
Diaz's lawsuit names Gallup Police Sgt. Gabriel Cebada and accuses
Cebada and the department of causing him emotional
harm by breaking his door down, throwing him to the ground and
handcuffing him. The lawsuit alleges police threw his belongings
around the room.
They pointed weapons at him and "screamed profanities at
him, causing him to believe he was about to be shot or otherwise
severely injured or killed," according to the lawsuit.
Allen said he cannot comment on any lawsuit pending against the
department.
Gallup Police were investigating an aggravated kidnapping and
aggravated battery when they obtained the search warrant for 504
S. Seventh St., believed to be the home of Gerald Fernandez and
Raymond Cardona, according to Cebada's request for a search warrant
in Magistrate Court records.
At 12:30 p.m. March 25, victim Lorena Galan, 18, had crawled out
a window at 504 S. Seventh St. after calling police, according
to the police report of the incident. Police met Galan outside
the home, and she told officers the following:
Her boyfriend, Gerald Fernandez, 27, of that address, accused
her of having sex with another man. He punched her four times
in the face.
Then he tied her up with shoelaces and gagged her with a bandanna.
Fernandez pulled out a revolver and emptied it of all but one
bullet.
He began pointing the gun at her head and pulling the trigger,
"Russian-roulette-like." Then he pointed the gun at
his own head and pulled the trigger, according to the report.
After doing this four times without shooting her or himself, Fernandez
pistol-whipped her about 20 times with the gun. She pretended
to be unconscious.
Fernandez untied her. After he left the room, Galan called police.
During the encounter, Galan told police Fernandez took nail clippers
and cut two small pieces of skin off her left arm.
Police investigated the scene and located a shoelace, a blue bandanna,
a pair of running shoes without shoelaces, and nail clippers.
They took these into evidence, according to the report.
Police arrested Fernandez and charged him with aggravated kidnapping
and four counts of assault with intent to commit a violent felony,
all felonies, and aggravated battery on a household member, a
misdemeanor, according to the report.
Galan and Raymond Cardona, both residents of 504 S. Seventh St.,
signed papers allowing police to search the home without a search
warrant, according to documents produced Wednesday by Allen.
Police still sought and obtained a search warrant for 504 S. Seventh
St., signed by Magistrate George Galanis. Officers were looking
for the revolver Galan said her boyfriend used to hit her, and
any ammunition for the gun, according to the request for a search
warrant.
Although the request for search warrant document names 504 S.
Seventh St., which is described at length, as the location they
wanted to search, police reports at the time show that they also
searched 504 S. Seventh. None of the officers reported that they
searched the wrong home, but 504 S. Seventh is not listed on the
search warrant as a location they sought to search.
This means they searched 504 S. Seventh, Diaz's home, without
a search warrant. Officers reported in police reports that nothing
was taken from 504 S. Seventh St.
From 504 S. Seventh, they confiscated one .22-caliber bullet but
no gun, according to an evidence record.
Diaz's attorney, Forrest Buffington, did not return several phone
calls to his office Wednesday.
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Mother defends criticized officer
Andrea Egger
Staff Writer
GALLUP—The mother of a Gallup police officer is fed up with residents
arrested by her son who are harassing him for doing his job.
"I'm just tired of him being dragged through the mud," said
Peggy Maxey, the mother of Gallup Police Officer Owen Pena.
Luis Alejandro Acosta recently filed a civil lawsuit against Pena,
claiming Pena battered him, falsely arrested him and falsely imprisoned
him. A story about the lawsuit appeared in Tuesday's Independent,
which caused Maxey to speak out on
Wednesday.
"He puts his life on the line every day, and people don't appreciate
it," Maxey said. "It's getting to where he hates Gallup
and hates his job."
She said his supervisors at the police department treat Pena well.
It's the public that shows disrespect.
When Pena stops someone for speeding or something and the person sees
his name tag, they "get smart" with him and harass him.
Some people try to get Pena to fight with them, she said.
"He didn't do anything at Pal Joey's," Maxey said.
Maxey is referring to an incident June 9, 2000, where Pena and police
officer Daron Overman, both off-duty, were harassed by patrons of
the bar, according to testimony during a trial in which Overman was
acquitted of battery. When Pena and Overman left the bar, the two
men followed.
One punched Overman, and Overman defended himself. Pena stood by and
tried to keep the fight from getting out of hand.
But the Gallup Police Department still suspended Pena without pay
regarding the incident, even though Pena didn't hit anyone. Pena filed
a lawsuit against the police department about this disciplinary action
on Friday.
Pena can't comment on any of the cases against him because the only
comment from the department can come from Lt. John Allen, the department
spokesman. Allen has said he can't comment on pending lawsuits.
In Tuesday's Independent, a story reported that Acosta claims he was
using a pay phone at the Mustang gas station at 800 E. Coal Ave. on
May 15, 2000, when Pena stopped him and told Acosta he had been accused
of bothering someone. Acosta said he hadn't been bothering anyone.
The lawsuit claims that "without warning," Pena grabbed
Acosta by the back of the neck and threw him to the ground. With his
right knee pushing Acosta's face to the pavement, Pena began to grind
Acosta's face into the pavement.
The lawsuit also accuses Pena of making a racial slur. Then Pena used
Mace on Acosta.
Officers' side
According to Pena's police report and other police reports of the
incident, which Maxey delivered to the Independent, what occurred
is completely different.
On May 14 around 11:45 p.m., Gallup Police were sent to Sonic, 1901
W. Highway 66. Kristin Cadman, 19, reported that Acosta, Cadman's
sister's ex-boyfriend, came up to her and started yelling, according
to Officer Andy Yearley's police report.
Acosta told Cadman he was going to beat up Cadman's boyfriend. Acosta
squeezed Cadman's hand and told her to have her boyfriend come over
so he could beat him up, the report said.
Cadman got away and told Acosta she was going to call the police.
Acosta left.
Cadman described Acosta's vehicle to police.
Just before midnight, Yearley spotted the car matching the description
Cadman gave at the Mustang gas station at 800 E. Coal Ave., which
is where Pena stopped Acosta.
According to Pena's report, Acosta denied harassing anyone and became
immediately belligerent. Sgt. Rick White came to the gas station.
Acosta told police he is free to do whatever he wants to do. Acosta
shouted profanities at the officers, and Pena smelled a strong odor
of alcohol coming from his breath.
Pena noticed Acosta's speech was slurred and his eyes were watery
and bloodshot. He staggered as he walked.
Acosta refused to do sobriety tests, according to Pena's report.
Pena told him he was under arrest for driving while intoxicated and
to turn around so he could be handcuffed. Acosta refused, so Pena
turned him around and placed him up against a wall.
Yearley got his right hand cuffed, but Acosta kept turning and struggling
with the officers and finally Pena grabbed Acosta's left arm and pulled
it behind his back. Once he was handcuffed, officers tried to place
him in Pena's police car, but he kept struggling and shouting profanities
at the officers.
Finally after struggling with the officers, Pena told all the officers
to stand back. Pena told Acosta he was going to spray him with Mace.
Acosta continued struggling and kicking at the officers, and Pena
sprayed him with Mace.
Acosta continued struggling, and officers took him to the ground.
They arrested Acosta with aggravated driving while intoxicated, assault
on a peace officer and resisting a peace officer, all misdemeanors.
Acosta spit at emergency medical technicians who tried to treat his
eyes because of the Mace, according to the report.
At the jail, Acosta continued threatening Pena and said, "I'll
kill you when I see you next time," according to the report.
Supplemental reports by Sgt. White and Yearley back up Pena's version
of events.
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Chamber seeks views of citizens
Tara Drolma
Staff Writer
GRANTS—The Grants/Cibola County Chamber of Commerce will have
an open meeting Tuesday, Sept. 4, to give local businesses, vendors
and citizens a chance to comment on the chamber's involvement in sponsoring
special events like the Fall Chili Fiesta.
The chamber is no longer the sole sponsor for some of the local events
that it had sponsored in the past. Instead, it works with local groups
as a subcontractor to provide services for the event as the chamber
did for the Fire and Ice Festival and the Fiesta de Colores.
Chamber officials said the assistance of the entire community is necessary
to make these events thrive. They are inviting local vendors and citizens
to attend the meeting and to share their ideas to "make all special
events in Cibola County a success."
The meeting, which starts at noon, will be held in the upstairs dining
room of the Monte Carlo Restaurant. Contact the chamber at 287-4802
to attend.
On Aug. 16, Chamber Director Carmen Morrin attended the U.S. Chamber
Free Trade Forum along with federal officials and officials from the
U.S. Chamber of Commerce. The forum highlighted the importance of
free trade to the economic future of Texas and New Mexico.
Morrin attended the event to gather information that will benefit
small business in New Mexico. Morrin is the president-elect of the
New Mexico Chamber Executive's Association.
The forum is one of several trade-related events being sponsored by
the U.S. Chamber as part of its push to get the Trade Promotion Authority
(TPA) renewed by Congress. The US Chamber believes the TPA will "open
new markets worldwide to American goods and services," according
to a chamber newsletter.
The chamber's position is that New Mexico has benefitted in the past
from the TPA. In 1999 exports increased 25 percent over 1993 levels,
and cotton tariffs are due to be cut in 2003, and Mexico has the fastest
growing market for U.S. beef imports.
In other news:
The Bi-County Fair begins today with the livestock entries. It will
continue all weekend. There will be a dance Saturday and Sunday nights
and rodeos all three days.
September's luncheon will be an issues roundtable hosted by the Association
of Commerce and Industry and the chamber. It will be held at noon
Sept. 19 at the Best Western Grants Inn & Suites. Lunch is $7
per plate.
On Sept. 20, the Grants State Bank will open its newly remodeled Roosevelt
Branch. They are inviting the public to stop by and join the celebration.
The Good Samaritan Block Party will be held 1-5 p.m. Sept. 23.
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Gallup-Grants rivalry renewed
Santiago Ramos
Staff Sports Writer
GRANTS—The Grants Pirates are coming off an impressive 40-0 season-opening
win over Shiprock.
Next up for Grants is Gallup as the two archrivals clash in Grants
Friday night for the Bengals' season opener. Kickoff is set for 7
p.m.
First-year Gallup head coach Gary Lunsford says he's anxious for his
team to get to play a game.
"We're excited for the opportunity to play," Lunsford said.
"We want to play. We've been practicing hard since April. This
is a local grudge game."
Gallup will be looking to gain revenge for last year's stunning 14-13
loss to Grants on a missed extra-point attempt.
Lunsford said he watched Grants play at Shiprock last weekend and
came away impressed with the overall play of the Pirates.
"I was impressed with a lot of their kids," Lunsford said.
"They're fast. But the key to the game is to stop (RoShaun)
McKinney. We have to focus on him. They also have a lot of short play-action
passes that they used against Shiprock."
Grants junior starting quarterback Boudy Melonas, who did not turn
out for football the last two years, had a solid opening game against
the Chieftains. Melonas completed 7-of-12 passes for 126 yards with
two touchdown passes of 53 yards to Johnny Gallegos and 20 yards to
Michael Gutierrez.
However the season-opening win over Shiprock proved to be costly as
several Pirate players were injured.
McKinney, who rushed for 168 yards on just eight carries and three
touchdown runs of 77, 22 and 2 yards, left the game in the second
quarter with a dislocated finger but returned to finish the game.
Senior Brandon Gutierrez also left the game with a sprained ankle.
Tackles Eli Garcia and Kevin Jaramillo were also injured, Garcia with
a knee injury and Jaramillo with a
broken rib. Another tackle, Perry Stephens, was also injured during
the game.
All players with the exception of Jaramillo are expected to play against
Gallup.
Lunsford said that two players won't see any action against Grants—center
Leo Montoya and backup fullback Armando Rascon. Montoya has a knee
injury and Roscon is nursing an injured ankle.
Lunsford admitted that he is not much for being a motivator for his
players.
"I'm not much in getting the kids up to play," he said.
"My method is to use skill and technique and just play the game."
The Bengals will start junior Jared Montano at quarterback with seniors
Jude Canderalia at fullback and Adam Becenti at tailback.
Gallup has a predominantly senior-ballclub with 22 seniors out of
40 players.
Lunsford will be making his first appearance as an area head coach
since he was the head coach at Tohatchi in 1989 and a head coach at
Crownpoint in 1991-92. Lunsford served as an assistant coach under
former Bengal coach Alex McAllister.
Grants head coach Jerry Burns could not be reached.
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Turnovers plague Cardinals in loss
Abelita Rose Freeland
Staff Sports Writer
ST. MICHAELS, Ariz.—Ten fumbles contributed to a 46-6 loss suffered
by the St. Michael Cardinals in their season opener against the East
Fork Eagles in eight-man prep football Wednesday at St. Michael High
School.
The Eagles capitalized on four of the five Cardinal fumbles for four
of their six touchdowns.
"Our execution wasn't nearly as good as it needs to be,"
said St. Michael football coach Robert Burgett. "I think we are
a little too used to losing the game. We have the tendency to stop
playing as hard as we can. We've gotten better and there were some
really good things that happened today and I am looking forward to
Saturday."
The Cardinals will host Seligman at 2:30 p.m. Saturday...
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Tourism downturn could force Navajo layoffs
Larry Di Giovanni
Staff Writer
WINDOW ROCK—The Navajo Tourism Department is taking a major budget
hit, due to a U.S. Supreme Court case that went against the tribe,
resulting in lost hotel revenue, as well as a general decline in visits
to the reservation over the past two years.
The tourism report to the Navajo Nation Council came Wednesday from
Navajo Delegate Lawrence Platero (Tohajiilee),
chairman of the tribe's Economic Development Committee. His presentation
was part of deliberating the Division of Economic Development's proposed
budget, which has been set at $6.33 million.
The 9-0 U.S. Supreme Court decision that went against the Navajo Nation
means the tribe's 8 percent hotel occupancy tax no longer applies
to the Cameron Trading Post Hotel and the Goulding's Hotel in Monument
Valley, Utah. The court's Atkinson decision was delivered earlier
this summer...
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Udall town hall a buffet from elderly to drugs to, yes, UFOs
Bill Donovan
Staff Writer
GALLUP—What was on the minds of Gallupians when U.S. Rep. Tom
Udall, D.-N.M., held a town meeting Wednesday?
Many of the older city residents who attended wanted to know about
social security with all the stories in the news about
Congress raiding the program now that the big surplus seems to be
a thing of the past.
A Gallup judge made a plea for Congress to do something to curb
drug use by the country's teen-agers before it was too late.
And, of course, there was the usual questions concerning UFOs and
why the federal government continues to force those in the know
to keep secret about who is watching us and why...
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Begaye plans $65M surplus
Jim Maniaci
Din Bureau
WINDOW ROCK—President Kelsey A. Begaye told the Navajo Nation
Council Tuesday night in his annual budget message that plans need
to be made now for a $65 million windfall coming in four years.
The president also said he expects to submit plans at the fall session
in October for the tribe to begin issuing revenue bonds for capital
improvements.
And Begaye defended how he redistributed $5.5 million to 13 divisions
from a pool formed by cutting all 15 Executive Branch divisions
by 5 percent.
He also proposed hitting the $24.5 million emergency operation Undesignated
Reserve Fund for $18.6 million to meet half the unmet needs...
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Boos might keep job one year
Jim Maniaci
Din Bureau
WINDOW ROCK—Navajo Nation Council Speaker Edward T. Begay has
cut a tentative deal for Chief Legislative Counsel Steve Boos to
stay on for up to another year.
Council members are scheduled to approve the budget Friday for the
coming fiscal year, which will begin Oct. 1. Until then, Begay's
announcement means the deal is tentative.
Pointing to the tribe's thick, three-ring-binder budget, Shiprock
Delegate Wallace Charley said Speaker Begay is likely planning to
keep Boos as a tribal legislative attorney through creation of a
"senior attorney" position. As chief legislative counsel,
Boos now earns about $80,000 per year. The senior position is set
at $92,000.
The Legislative Counsel budget has already been approved, but Charley
said delegates are free to bring back budget issues at any time
until the final budget is passed. As of press time, it was not known
whether Charley raised the issue Wednesday night...
Woman with rifle indicted
Tom Purdom
Staff Writer
GRANTS—A number of Cibola County residents who allegedly took
out their aggressions on others will get their day in court.
The Thirteenth Judicial District grand jury indicted Lorraine Keppler,
48 of Milan, on a single charge of aggravated assault on a peace
officer with a deadly weapon.
Keppler allegedly used a .22 caliber rifle on Cibola County Sheriff's
Deputy Tony Mace on May 25 while he was doing his job. Because the
charge is a third-degree felony, Keppler faces up to three years
in prison and/or a fine up to $5,000, if convicted. Cibola County
Sheriff's Department investigated.
Jimmie G. Yazzie Jr., 21, who lists a post office box as his address
in Milan and an apartment on Bonita Street as his address in Grants,
allegedly beat a household member on May 21...
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Deaths
Margaret Faye Hardy
FORT DEFIANCE, Ariz.—Services for Margaret Hardy, 69, will be
held at 10 a.m. Friday, Aug. 31, at the Good Shepherd Mission, Fort
Defiance. Bishop Steven Plummer will officiate. Burial will follow
at a private family cemetery, Fort Defiance.
Visitation will be held one hour prior to services.
Hardy died Aug. 27 in Fort Defiance. She was born Oct. 28, 1931, in
Fort Defiance into the Red Running into the Water People for the Big
Water People Clan.
Hardy was accepted by the Episcopal Church as a postulant in June
1997 for the Diacorrate and ordained a deacon.
She attended the Phoenix Indian High School, Cook College and Theological
School, Preacher Lewis School, Westley Frensdorf School of Ministry,
Indigenous Theological Training Institute and Phoenix College. She
was employed as an office secretary.
Survivors include her husband, Tom C. Hardy of Fort Defiance; sons,
Tim J. Hardy, Tommy Hardy, Wayne D. Hardy, Joe Jose and Jonathan Jose
Jose, all of Fort Defiance, Andy Hardy of Tohatchi, and Michael June
of St. Michaels; daughters,
LaCinda Hardy of Mesa, Ariz., Arlene Hardy of St. Michaels and Charlene
Hardy of Window Rock; brothers, Johnston
Plummer of St. Michaels, Paul Plummer of Coal Mine and Jimmy Reeder
of Laguna ; sisters, Annie Blackgoat and Nellie
Plummer, both of Coal Mine; and 46 grandchildren.
Hardy was preceded in death by her parents, Ralph Plummer and Anasbah
Plummer; sons, Freddie James Hardy and Ronald Hardy; and brother,
Kee Plummer.
Pallbearers will be Manson Blackgoat, Eric Dick, Andy Hardy, Floyd
Dawes Hardy, Duane Jose, and Tyrone Jose.
Rollie Mortuary is in charge of arrangements.
Sadie K. Neagle
GANADO, Ariz.—Services for Sadie Neagle, 48, will be held at
10 a.m. Friday, Aug. 31, at St. Michaels Catholic Church. Father Gilbert
will officiate. Burial will follow at St. Michaels Cemetery.
Neagle died Aug. 27 in Gallup. She was born Aug. 15, 1953, in Oakridge,
Ariz., into the Tachinii and Tahneszahni clans.
Neagle attended high school in Ganado. She was a sales clerk with
different department stores. Her hobbies included cooking and softball.
Survivors include husband, William Neagle of Las Vegas, Nev.; sons,
Will Neagle of Portland, Ore., and Wendall Neagle of Durango, Colo.;
daughters, Rachel Neagle of Portland and Marlena Neagle of Las Vegas,
Nev.; brothers, Eugene Kirk of St. Michaels, Lorenzo Kirk of Tse Ya
Toh and Terry L. Smith Sr. of Window Rock; sisters, Lenora Mace of
Albuquerque, Carol
Tom and Nina Kirk, both of Window Rock; and four grandchildren.
Neagle was preceded in death by her parents, Edward and Helen Kirk;
sister, Louise Kirk; and brother, LoVon Kirk.
Pallbearers will be Leroy White, Marty L. Kirk, Aaron M. Kirk, Lorenzo
Kirk, LaRue Baker and Wilford L. Tom Sr.
The family will receive friends and relatives after the burial services
at Rosita Curley residence.
Cope Memorial Chapel is in charge of arrangements.
Mary Mitchell Davis
CHINLE, Ariz.—Services for Mary Davis, 98, will be held at 1
p.m. today, Aug. 30, at Our Lady of Fatima Catholic Church, Chinle.
Father Blaine O'Grien will officiate. Burial will follow at Chinle
Community Cemetery.
Davis died Aug. 26 in Chinle. She was born Jan. 1, 1903, in Chinle
into the Towering House for the Mexican Clan.
Davis was a rugweaver and homemaker.
Survivors include her brother, Howard Mitchell; sisters, Agnes R.
Sanchez, Augusta R. Sandoval and Isabelle M. Deschine; 11 grandchildren,
10 great-grandchildren; 17 great-great-grandchilren and 12 great-great-great-grandchildren.
Davis was preceded in death by her husband, Woody Davis; sons, Acey
"George" and Walter Davis; daughter, Louise Tso; parents,
Frank and Rose Mitchell; sister, Ruth Yazzie; and brother, Seya Mitchell.
The family will receive friends and relatives after the burial services
at Margaret Begay's residence.
Woody Billy
CHINLE, Ariz.—Services for Woody Billy, 77, will be held at 10
a.m. Friday, Aug. 31, at Chinle Catholic Church. Father Blain will
officiate. Burial will follow on family land, Chinle.
Billy died Aug. 27 in Chinle. He was born Dec. 20, 1923, in Chinle
into the Near the Mountain for the Towering House Clan/Water Flow
Together.
Billy was a medicine man and rancher.
Survivors include his wife, Sarah Billy; sons, Leo Toadlena, James
Billy, Nelson Billy, Jesse Billy and Thompson Billy; daughters, Anna
Smith, Mollie Claw, Alice Quinn, Rena Tso and Carol Parker; brother,
John Charley; 21 grandchildren and 18 great-grandchildren.
Billy was preceded in death by his parents, Libi-gal-chooi and Glinpa
To Hagaline; brothers, John Billy and Jack Toadlena; and sisters,
Hasba Scott and Zonnie Yazzie.
Pallbearers will be Thompson Billy, Jesse Billy, Brian Williams, Larry
Quinn, Jay R. Tso, Ben Smith Sr., Hansen Smith, James Billy, Nelson
Billy, Darryl Parker and Benson Parker.
The family will receive friends and relatives after the burial services
at the late Woody Billy residence, 1/4 mile north of Chinle Police
Department.
Tse Bonito Mortuary is in charge of arrangements.
Thelma Mae Thomas
LAS CRUCES—Services for Thelma Thomas, 98, will be held at 11
a.m. Friday, Aug. 31, at Getz Funeral Home Chapel. Private burial
will follow at Masonic Cemetery, Las Cruces.
Thomas died Aug. 28 in Las Cruces. She was born Aug. 1, 1903, in Fort
Smith, Ohio.
Thomas was a member of the First Presbyterian Church and the Eastern
Star Trinity Chapter No. 16 in Lima, Ohio. She moved to Las Cruces
in 1978 from Lima.
Survivors include her son, James Edward Thomas of St. Johnsville,
N.Y.; daughters, Janet E. Hansaker of Las Cruces and Marilyn Hathaway
of Gallup; sister, Coradell Meadows of Clearwater, Fla.; 10 grandchildren
and 11 great-grandchildren.
Frances T. Saunders
IYANBITO—Services for Frances Sauders, 75, will be announced
at a later date.
Saunders died Aug. 29 in Gallup. She was born June 19, 1926, into
the Two Who Came to the Water People Clan.
Rollie Mortuary is in charge of arrangements.
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