Accident at RMCH leads to lawsuit
Andrea Egger
Staff Writer
GALLUP — Roxanne Heath knew her hysterectomy in April at
Rehoboth McKinley Christian Hospital was major surgery and would
be physically traumatizing.
But she never dreamed she would experience worse pain at the hospital
several days after her abdomen was stitched together.
It all began with a shower.
A nurse helped Heath to a shower in the hallway near her room.
The shower had a bench attached to the wall. The nurse directed
Heath, who was still sore from the hysterectomy, to sit on the
bench.
Heath did as told. Suddenly, the bench collapsed, dropping Heath
hard onto the concrete floor.
The fall damaged Heath's tail bone and back, not to mention the
raw wound on her abdomen.
The hospital gave her pain killers and later sent her home. But
Heath couldn't walk because of the pain. To get around in her
home, she had to crawl.
"I was very distraught, and in an incredible amount of pain,"
said Heath, who filed a lawsuit in late August against RMCH through
her attorney, William Stripp of Ramah.
She had to have her parents and other family members stay with
her and help her do even the most mundane of tasks.
"It was humiliating and degrading," Heath said.
Heath, who lived in Thoreau for many years and was a magistrate
in McKinley County for several months, spoke from her home in
Farmington, where she moved in hopes that another judgeship would
become available.
Before Heath filed the lawsuit, she talked to staff at the hospital,
trying to get them to pay for healing for her back pain and trying
to get them to ensure that the rest of the shower benches were
safe. She didn't get anywhere. They just prescribed pain pills,
which Heath later learned were addictive, another problem she
didn't need to add to her list.
Heath rejected all medical help and instead turned to the holistic
approach, which is frowned upon by most medical experts. She went
to experts in accupressure and neuromuscular massage in Farmington.
"They've moved my tail bone," she said, adding that
the holistic experts eased her pain much more than any pill could.
Of course, RMCH wouldn't pay for her holistic therapy. But it
will have to now if Heath wins her lawsuit.
"I'm going to work through this. I'm a very strong person,"
Heath said.
She said many people, who warned her to have her surgery in Albuquerque
instead of in Gallup have told her since her experience, "We
warned you."
But Heath felt she wanted to put her faith in the local hospital
staff. She still feels this way.
"Accidents happen. But they have to take responsibility for
them," Heath said.
RMCH staffers didn't do so in her case.
"She went to them to try to resolve this," Stripp said."They've
been rude to her."
The lawsuit is against RMCH and against McKinley County, namely
the three county commissioners, Harry Mendoza, Earnest Becenti
Sr. and Ben Shelly, because the hospital building is owned by
the county and leased by the hospital.
The lawsuit also claims that Heath couldn't sleep due to the pain
and that she entered a severe depression, where she "believed
that her death would be the only thing that relieved her from
the unbearable pain and discomfort she was suffering from."
Stripp asked for monetary damages to cover Heath's past and future
medical expenses, lost earnings and her reduced earnings capacity,
since the injury will make it difficult for Heath to sit or stand
for long periods of time, as most jobs require.
"The conduct of Defendant RMCH was willful or reckless or
wanton, and Heath is entitled to punitive damages," Stripp
wrote in the lawsuit.
Stripp also asked for RMCH to be forced to pay the costs of the
lawsuit and Heath's attorney's fees.
Representatives of RMCH were not available for comment.
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City and firefighters hit by phone scam
Andrea Egger
Staff Writer
GALLUP — Gallup is the victim of a scam to get residents' money
by falsely representing the Gallup Fire Department in a fund-raiser.
Gallup firefighter Johnny Greene, president of the Gallup Firefighters'
Association, wants residents to know that someone has been calling
residents of Gallup, purporting to be connected with the fire department,
seeking money for a fund for firefighters killed while fighting fires.
Greene said the fire department is not involved in any such fund-raiser.
It all started when Roger Montano of Gallup got a phone call at home.
Montano said the man asked him for a donation for a fireman's fund
for families of firefighters lost in fires. The man said he was calling
for the Gallup Fire Department.
Montano said he'd love to donate, but he wanted to check to see if
it was legitimate. Montano asked the man if he'd heard of Greene,
who is a friend of Montano's.
"Oh yeah, he's a good friend of mine," the caller told Montano.
The man asked Montano for his address, to see if he was in the computer.
Montano again said he'd love to help, but he wanted to check with
Greene first.
At this point, another man got on the phone and again asked Montano
for his address. "I won't do anything until I can tell if it's
a scam," Montano said he told the man. "Then he hung up
on me."
Montano immediately called Greene. "Of course, Johnny's never
heard of him," Montano said. "This is pretty fishy."
Anyone who has received a phone call about this fund should call the
Gallup Police Department, 863-9365.
Greene said the fire department participates in various fund-raisers
to help the community. This week, the department turned over $1,800
to the Labor Day Telethon for Muscular Dystrophy held in Albuquerque.
The money was raised last weekend in a boot drive the firefighters
held in Gallup on Second Street and Nizhoni Boulevard. "People
contributed their nickels, dimes and pennies," Greene said.
Firefighters' book
The department also will sponsor a book, "Look, Listen and Learn,"
which is a collection of short stories written by retired
firefighters across the nation for the American Children's Program.
Through the program, fire departments across the nation can sponsor
the book for their community, and advertising places are open in the
book for local businesses, Greene said.
A marketing representative from the company will come down in a few
weeks and talk to local businesses to get advertising for the book
and to talk to residents who want to purchase the book in advance.
The cost for the hardback book will be $23, with a percentage of that
money going to the firefighter's association.
People who purchase the book will get their names printed in it. Residents
can then keep the books or donate them to the fire department, the
local library, hospitals or any children's organizations.
The short stories detail safety tips for fires, for poisons, kitchen
safety, appliances and for keeping young people away from drugs, Greene
said.
The marketing company for the book is currently in Hobbs and Deming
getting businesses' advertising and orders for the books there.
"They'll come for two weeks and take orders," Greene said.
The books will be available in January.
Another fund-raiser the fire department hosts is a magic show for
children at Christmas, Greene said. Professional magicians from Las
Vegas are brought in for the show.
Tickets to the show help fund a gift to be given away. Last year,
the fire department gave away a bicycle.
In April, the department sponsors a "Fool's Night Out,"
a dinner featuring professional comedians, followed by a dance, Greene
said.
On these events for residents, the fire association usually just breaks
even, but community fun is the object, Greene said.
The firefighters' association sponsors these local events and residents
can always check with the fire department, 722-4195, whenever they
have questions about whether a fund-raiser is legitimate.
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Charges filed in meth lab case
Tara Drolma
Staff Writer
GRANTS — Charges have been filed against two men in the case
of the methamphetamine lab that was discovered at 608 Austin St. last
month.
Court records show Robert York, 24, of Grants was arrested Aug. 22
on one count of manufacturing a controlled substance, a second-degree
felony, and three counts of child abuse. Philip Mark Darcangelo, 46,
of Milan, was also arrested. He was charged with one count of trafficking
a controlled substance and one count of manufacturing a controlled
substance.
According to court records no charges were filed against York's sister,
Katie Mirable, 27. Mirable rents the house on Austin Street and lives
in it with her three children and York.
Grants police officers went to that address about 3:20 p.m. Aug. 14
after they received a tip that two men at the house were "cooking"
meth. When officers arrived Mirable and York refused to let them enter.
Officers waited outside until they obtained a search warrant.
In an earlier interview Grants Police Lt. Steve Bell said officers
found everything inside the house to make the
methamphetamine, but they didn't find any finished product.
Court documents state police found acetone, Coleman fuel, a bottle
of lye, a can of starter fluid, a water bottle containing match strikers
(the red portion of the match that contains phosphorous, an ingredient
in methamphetamine), muriatic acid, and iodine crystals in and around
the house. They found many empty boxes of cold tablets in the trash
can in the back yard.
Antihistamines are one ingredient used to manufacture the drug.
Once inside the house officers found Darcangelo sleeping in one of
the bedrooms. He told officers he had been at the house three days
and he denied any knowledge of the methamphetamine manufacturing.
When officers arrived at the house, Mirable was leaving. She left
her three children ages 11, 9, and 1 inside the house with York. Later,
when Mirable returned, she had someone take the children to another
house.
The three counts of child abuse stem from the fact officers found
chemicals "placed in a situation that may endanger the child's
life and health." Child abuse is a third-degree felony.
York and Darcangelo were scheduled to appear in Magistrate Court on
Aug. 30, but a continuance was filed in both cases. In lieu of the
hearing the judge set bail for the men and they were both released
York on $20,000 bond and Darcangelo on his own recognizance.
Although Mirable was not charged, court records show a criminal complaint
was filed against her in July of this year in a separate incident.
The complaint charges Mirable with contributing to the delinquency
of a 15-year-old female and custodial interference.
According to the records the juvenile was given permission by her
mother to stay with Mirable from New Year's Eve until late January
in order to "babysit" for her. The mother filed the complaint
Feb. 25 after her daughter did not return home and Mirable refused
to let her talk to her on the phone.
On Feb. 5 the girl was taken to the hospital with a severe strep infection.
According to the report she had lost 25 pounds in the month she had
been with Mirable. Later the juvenile told police she and Mirable
had ingested crank together.
The report says Mirable denied having given the girl crank. She said
the two of them smoked marijuana together, but the juvenile had provided
it and she had plenty of witnesses to back her up.
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Ramah beats Lynx for title
Abelita Rose Freeland
Staff Sports Writer
REHOBOTH — The Ramah Lady Mustangs took the championship at the
Rehoboth Invite, beating the Rehoboth Lady Lynx in three games 15-5,
15-0 and 15-7 in prep volleyball action at Rehoboth High School Saturday
afternoon.
Outstanding performances from Lady Mustangs Candice Gibbons and Calli
Clark resulted in a total of all Ramah's 23 kills, five blocks and
eight aces.
Gibbons ended the game with nine kills that scored each time, three
dink kills, five blocks and two aces. Clark had 11 kills with eight
that scored and served 18-for-20 with six aces.
Despite the Lady Mustang's seemingly easy wins over the Lady Lynx,
Ramah had to earn each and every point the scored against Rehoboth.
"I think Rehoboth is going to be a strong team this season,"
said Lady Mustang coach Amy Hyatt. "We are going to see them
a number of times still and I hope we can keep having good competition
and hopefully that will make us all better in the end."
"Today we had a mental break," said Lynx coach Jennifer
Gasden. "It was obviously the way we were playing that we weren't
playing as a team, we were not communicating, things were just breaking
down. I don't know if they were tired or mentally exhausted, it was
just a mental game for them. You could see in their faces and attitudes
that they just weren't there. They were just gone I don't know where
they were."
Rehoboth was the first to score in game one, when Mustang Candice
Gibbons attempted a kill but Lynx Jaime Holwerda rejected it with
a kill.
After sideouts were exchanged three times, Ramah got on the board
with four straight points served by Candice Gibbons to take a 4-1
lead. Lynx' Hess Romero, Holwerda and Christen Sanchez all missed
their attempts and Mustang Calli Clark ended with a kill. Lynx Holwerda
earned Rehoboth's sideout back on a kill on the back line.
After another three sideouts exchanged, Rehoboth came within a point
with Bobbie Stall serving two points on Mustang errors. Dawnee Burson
hit an attempt out and Ramah was called on a lift.
With the Mustangs up 5-4, Clark almost finished the game serving nine
points with four aces. Kasey Clawson and Gibbons both had kills, Gibbons
also had a dink kill and the Lynx had two errors.
The Mustangs finally got their game point after five sideouts and
Lady Mustang Bobbie Gibbons served an ace.
In game two, it took the Lady Mustangs 17 sideouts to make to 15 points
to shutout the Lady Lynx.
Mustang Clark scored the first point for Ramah on a kill but not before
three sideouts. Another two sideouts were exchanged before Clark came
through with another kill.
Up 2-0, the Mustang Clark served the next six points with one ace
and three Lynx errors. Gibbons delivered a dink kill and a kill before
the next attempt when out of bounds.
Ahead 12-0, Clark hit another kill and Lynx Erica Romero was called
on a lift to add two more points to the Mustang lead.
After two final sideouts, Mustang Laura Bond served the game point
and Lynx Sanchez hit the ball out of bounds.
In game three, the Lady Lynx tried to make a slow come back after
they trailed the game 10-1.
Lynx Jamie Holwerda served the point when Mustang Burson attempted
to hit the ball over but Erin Holwerda blocked the ball to score.
Three more sideouts were exchanged when the Mustangs scored two more
points on a kill by Clark and Clawson serving an ace.
Behind 12-2, Lynx Erin Holwerda served the next four points with an
ace. The Mustangs were called on a rotation violation and Jaime Holwerda
scored on two back-to-back blocks on two attempts by Gibbons.
The Lady Lynx scored their last point of the game on one last block
from Jaime Holwerda off an dink from Mustang Burson.
Mustang Candice Lewis served the last two points of the game when
the Lady Lynx couldn't get their three hits over the net and an ace
on game point by Lewis.
Lady Lynx Jaime Holwerda led Rehoboth with three kills to scored each
time and seven points from nine blocks. Erica Romero had eight digs
and a dink kill. Rehoboth served 78 percent going 32-of-41 with an
ace.
Lady Mustang Vanessa Melikan had seven digs for Ramah. Ramah served
83 percent going 60-of-72 with 11 aces.
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Younger Smith tops competition
Santiago Ramos
Staff Sports Writer
PREWITT — Mullholand Wells steer wrestler Kyle Smith made his
first trip to the Prewitt Labor Day Rodeo a memorable one.
The 20-year-old Smith topped the steer wrestling competition as he
wrestled his steer down in 10.33 seconds. That time was worth first
place money of $603 along with a trophy buckle.
"I took my time and I didn't want to rush," Smith said of
his winning run Sunday night. "Since they were using large steers
I knew my time would be long. I did everything right. I didn't want
to do anything that would cost me."
Smith, who was the Navajo Nation Rodeo Cowboys Association steer wrestling
Rookie of the Year last year, said that the use of larger steers were
in the 700 to 800-pound range instead of the usual 500 to 600-pound
range made for longer times. The steers were provided by Alvin Pino...
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Study: Plenty of untapped riches in county
Bill Donovan
Staff Writer
GALLUP — The good news for McKinley County officials is that
there is a lot of oil, gas and coal still undeveloped throughout the
county, just waiting for some company to come in and tap it.
But the bad news is that there are reasons why these resources aren't
being developed now and if county officials are hoping that taxation
of mineral development may boost tax revenues, it's going to take
a lot of work and a little bit of luck to get these lands producing.
Officials for the New Mexico Bureau of Geology and Mineral Resources
were in Gallup Friday to present county officials with a study they
did on petroleum possibilities in the county. The study was requested
by the Northwest Council of Governments in the hopes it would show
the county how to increase mineral tax revenues...
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Stakes are high for legislative special session
Walter Howerton Jr.
Special to the Independent
SANTA FE — The New Mexico Legislature convenes today to begin
redistricting the state's electoral districts in the wake of the
2000 Census. With a Republican governor and a Democrat-controlled
Legislature, things could get interesting.
Gallup Sen. Lidio Rainaldi said there already are so many maps on
the table proposing to divide the state this way and that way that
"when I look at them, I get dizzy."
Under the proposed area redistricting, the Democrat lawmaker would
end up with the entire city of Gallup in his district along with
areas to the south as far as Zuni. Currently Sen. John Pinto, also
a Democrat, has parts of Gallup in his district.
Rainaldi said that as things stand right now, his district falls
nearly 900 people short while Pinto's district has nearly 2,500
too many people. Rainaldi said redrawing the map might mean giving
him more Native American voters...
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Sundancers hold healing ceremony
Jim Maniaci
Diné Bureau
BIG MOUNTAIN — The spirits of the Sun Dance at Camp Anna Mae
can rest easy, at least for a few seasons.
But hope was expressed Sunday at the camp here on the south slope
that they may be returned when peace and harmony are restored in
the future.
A group of more than two dozen people, including a baby, traveled
from the Sun Dance Camp Little Big Medicine in the Tsaile-Wheatfields
Chapter to the Big Mountain site on the Hopi Partitioned Land for
a healing ceremony.
The camp, the original northern Arizona Sun Dance enclave, was leveled
in a pre-dawn raid on Aug. 17, under the escort of three police
agencies, by the Hopi Tribe...
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Council digs into reserve again
Jim Maniaci
Diné Bureau
WINDOW ROCK — The Navajo Nation Council approved the coming
year's budget after digging into the Undesignated Reserve Fund and
lifting out about three-fourths of it.
Starting Oct. 1, the Navajo Nation plans to begin spending $467.922
million, of which $123.407 million will be in the general funds.
At 11 a.m. Aug. 27, when the annual week-long budget session began,
the Undesignated Reserve Fund contained $24.5 million, according
to Controller Bobby White. By 7 p.m. Friday, it was down to $8.485
million.
During the first three days, delegates dug into the fund which is
supposed to contain $55 million and only be used for six months'
worth of emergency operation of the central government for $4.2
million, with about half that to go to the chapters for discretionary
funding (along with $1.4 million already placed in the budget resolution)...
Bengal harriers victorious
Staff report
Even veteran Gallup High cross country coach Curtis Williams has
trouble telling which of his runners are going to be his top
competitiors from week to week.
So when asked to declare his top seven runners for the Joe Vigil
Invitational, he was a little off. However, that didn't keep the
Bengal teams from sweeping the varsity races in their season opening
meet in Alamosa, Colo. Saturday.
The Bengal boys finished with 71 points to top the 18-team field.
The next three spots were filled with New Mexico teams: Taos (83),
Jemez (96) and Los Alamos (127). Fountain was the top Colorado finisher
in fifth with 152 points.
In the girls team standings, the Lady Bengals won without defending
state champion Felicia Guliford beating Los Alamos 60 to 67. Centennial
(Colo.) was third 103, Pojoaque fourth (124) and Taos fifth 185...
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Deaths
Maxine Frazier
GRANTS — Services for Maxine Frazier, 71, were held at 1 p.m.
Sunday, Sept. 2, in Pioneer Memorial Park, Bluewater. The Rev. Taube
Jenkins officiated. Burial followed at Pioneer Memorial Park in Bluewater.
Frazier died Aug. 31 in Grants. She was born Feb. 27, 1930, in Nevada.
Frazier moved to the Grants area in 1957 from Dalhart, Texas.
Survivors include her daughters, Nancy Easley of Wyandotte, Okla.,
Luann Elkins of Bluewater and Leenona Fidel of O'Fallon, Ill.; brother,
James Jones of Fort Myers, Fla.; sister, Nona Glenn of Phoenix; seven
grandchildren and two great-grandchildren.
Pallbearers were Jerry Jenkins, Lonnie Easley, Mike Fidel, Brandon
Jaramillo, Zachary Fidel and Victor Jaramillo.
Mario D'Orazio
GALLUP — Services for Mario D'Orazio, 75, will be announced at
a later date.
D'Orazio died Sept. 1 in Gallup. He was born July 17, 1926, in Cansano,
Italy.
Rollie Mortuary is in charge of arrangements.
Tom Woodard
SANTA FE — Services are pending for Tom Woodard, 65. Woodard
died Sept. 2, in Santa Fe. He was born Aug 15, 1936 in Gallup.
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