Tunnel repairs on pace
Bill Donovan
Staff Writer
GALLUP — Work on the old underground tunnel that runs through
downtown Gallup is proceeding on schedule.
Crews working for Albuquerque Underground, Inc. have been digging
up one of the oldest parts of Gallup for the past week, shoring
up the tunnels that go under Third and Fourth streets between
Historic Route 66 and Aztec.
"If everything goes well, we hope to be completed by the
first of December," said Eddie Gonzales, the foreman for
the project.
The tunnels have been around for about a century and a lot of
the older residents of Gallup can remember using the tunnels when
they were young as a way to go through the downtown area.
In recent years, however, city officials have been concerned that
the parts of the tunnel that go under Third and Fourth streets
may have been weakened by the heavy road traffic and may be in
danger of collapsing. Thus, the city has designated some $800,000
in bond money to make the improvements.
Gallup City Manager David Ruiz said the reports he has had so
far indicate that the project is going well and downtown merchants
are relatively happy with the progress being made.
Several merchants in the area had visited Ruiz this past spring
with concerns about the timing of the project, saying that they
heard that the work was going to be done in the summer at the
peak of their tourism business. Ruiz agreed to have the start
of the project delayed to early September and to work with the
merchants to see that the construction disrupted their customer
traffic flow as little as possible.
He said he was happy to hear that construction officials had visited
the area merchants to also explain what they were doing to make
sure that the businesses' customers had access to the stores.
So far, there have been no access problems and Gonzales said that
efforts are being made to make sure that when the sidewalk in
front of a business is being repaired that the work is done on
weekends and is completed by the time the business reopens on
Monday.
Gonzales said that neither portion of the tunnel was in immediate
danger of collapsing but would eventually need to be shored up.
The construction crew is now in the process of building box culverts
in the tunnel area to shore up the streets.
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Navajo judge quits before removal hearing
Jim Maniaci
Diné Bureau
WINDOW ROCK — The Navajo Nation's courts will be short yet another
judge after Sept. 14.
Effective this coming Friday, embattled Chinle District Court Judge
Wesley Atakai resigns, asking the tribal council's Judiciary Committee
to cancel his removal hearing. Chief Justice Robert Yazzie accepted
the resignation for that same day.
The committee met Thursday to interview three more candidates for
the Ramah Judicial District's three-court circuit, but decided to
reopen applications, marking the second time the panel has extended
the deadline.
Meanwhile, Yazzie continues to look forward to the selection of an
associate justice to refill the three-member top court of appeals
in the largest, and one of the oldest, tribal judiciaries in America.
Shortly after the council confirmed President Kelsey A. Begaye's appointment
of Marcella King-Ben to fill the vacancy from the medical retirement
of Wayne Cadman, Associate Justice Raymond Austin also took a medical
retirement.
This means that for rulings and opinions to be issued, Yazzie and
King-Ben must agree, or the chief justice can draw on one of the remaining
12 district judges for a temporary three-member court.
The Ramah District vacancy occurred when the Judiciary Committee refused
to recommend Sharon Johnson for a permanent appointment after she
completed her two-year probationary period.
Johnson blamed the family of her ex-husband, which includes one of
the 12 judges, for the committee's decision in March.
Since then the only district court with three judges, Window Rock,
has been sending its senior member, Allen Sloan, one day a week to
the courtrooms in Ramah, To'Hajiilee and Alamo. He spends the other
two days in the Window Rock courts.
Except for Window Rock and Ramah, the district courts each have two
judges, but Chinle will now be down to one.
Thursday the Judiciary Committee interviewed Victor Joe Clyde, Richard
"Rich" Hubbell Jr. and Larry D. Tsosie. On May 29 the panel
accepted Lee R. Belone and Patricia F. Johnson as possible candidates.
The committee will forward a short list of candidates to President
Begaye who then makes an appointment that must be confirmed by the
full council for the person to begin his two-year probationary period
as a judge or justice.
When all the seats on the benches are filled, there will be 17 judges
and justices.
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Deputy: Policy ignored in Kiro case
Andrea Egger
Staff Writer
GALLUP — Gallup Police should have waited before storming Robert
Kiro's trailer May 30, and officers failed to follow police policy
regarding barricaded suspects, a McKinley County Sheriff's Department
lieutenant told Kiro's defense lawyers.
Lt. Clayton Garcia said this in interviews with the defense, said
Devon Fooks, attorney with the New Mexico Public Defender's Office
in Albuquerque. Fooks represented his office for Kiro on Friday at
a 2 p.m. motions hearing in front of
District Judge Grant Foutz at the county courthouse. Lead defense
attorney Gail Evans was not present.
Garcia heads the SWAT team for the sheriff's department. He and his
SWAT team were at Kiro's trailer the night of the 11-hour stand-off.
An acquaintance of Kiro's, he also attempted to convince Kiro to surrender
by shouting into the trailer. Kiro's sister, Irma, also encouraged
her brother to leave the trailer, and she told Kiro over a megaphone
that Garcia was there and wanted to talk to him without his gun.
Kiro, 34, is accused of murder in the May 30 shooting death of Gallup
Police Cpl. Larry Brian Mitchell, a Gallup Police SWAT team member
who stormed the trailer nine hours into the stand-off with five other
SWAT team members. Also shot in a shoot-out with SWAT team members
and Kiro was Gallup Officer Michael Mitchell, who took a bullet in
the back. The bullet was absorbed by his bulletproof vest.
"Clayton Garcia said they could have waited a lot longer, and
the police were not following policies," Fooks said.
After that statement, Senior Trial Prosecutor Jim Bierly, who was
present during defense interviews, advised Garcia not to answer any
more questions regarding the police department's policies, Fooks said.
Fooks argued to Foutz that in investigative interviews such as those
being conducted, the district attorney should not be allowed to censor
officers' comments. Foutz agreed, and told Bierly to allow Fooks and
the other attorneys to ask questions.
Fooks said now he will have to arrange through Garcia's schedule to
set up another interview. Fooks also said he will have to interview
Gallup Police Capt. Ron Gonzales and Lt. Jess Watkins again. He did
not say what these officers told the defense, or why they would need
to be interviewed again.
Watkins is one of the SWAT team members who entered Kiro's trailer.
Gonzales was the senior officer on scene that night, although a leaked
police report shows that no single officer made the decision to storm
the trailer all officers gathered and made the decision together.
Fooks is concerned about Garcia's statements. "If they did not
exhaust all non-lethal methods, they were acting against policy,"
he said.
Fooks also asked for the release of all policy manuals from the Gallup
Police that would show methods in dealing with barricaded subjects
with weapons. He argued that information that officers didn't follow
policy in entering the trailer might cause a jury to choose a life
sentence over the death penalty if Kiro is convicted of capital murder.
But Deputy District Attorney Joseph Arite argued that his office hasn't
even determined whether it will ask for the death penalty. He plans
to make this determination after all evidence from the New Mexico
Department of Public Safety's Crime Laboratory finishes exploring
evidence gathered at the trailer.
Arite said Fooks shouldn't be allowed to obtain those manuals for
the purposes of a jury's determination of life or death when the matter
isn't even an issue yet.
Foutz gave Arite a date of Dec. 30 to decide if he'll seek the death
penalty.
Arite said the Crime Lab hadn't begun examining evidence, and staff
there expected it would take about three months to conclude because
of the large amount of evidence gathered by New Mexico State Police
criminal investigators and the bullets and fragments discovered by
defense expert Nelson Welch of Rio Rancho.
This stalls Kiro's trial date of Nov. 6 until some future, unannounced
date.
Who shot Michael?
Fooks also argued that he needs those policies to help resolve the
issue of who shot Michael Mitchell.
"The evidence tends to show Michael Mitchell was shot by a 9
mm casing," Fooks said.
Police confiscated a .45-caliber gun from Kiro's home. Police had
9 mm guns.
"I want to see if these officers are trained to make sure they
don't end up shooting each other," Fooks said.
Arite countered that the bullet found in Michael Mitchell's bulletproof
vest has not been tested, so it can't be known what kind of bullet
shot him.
"There's no evidence anyone other than Robert Kiro fired the
weapon that killed Larry Mitchell, let's make that clear," Arite
said.
The policies of the police are not a legal issue and aren't relevant,
Arite said.
"The defendant said he wanted to engage in a fire fight with
the police, the defendant engaged in a fire fight with police, and
Larry Mitchell was killed," Arite said.
"The policies of the Gallup Police Department SWAT team don't
have anything to do with the defendant's state of mind when the defendant
pulled the trigger," added Arite.
Foutz agreed that the policy manuals and training records weren't
relevant unless Arite asks for the death penalty. He denied Fooks'
request to get those documents. However, Foutz said the defense is
welcome to ask any of the police officers whether policies were followed.
At this point, Bierly argued that the chief of police enforces departmental
policies and determines if they are violated. He said asking officers
for their opinions doesn't make sense because they don't monitor and
enforce the policies.
Foutz disagreed. "I hope these people that participated knew
what the policies were. Chief Danny Ross was not the one going into
the house. These officers were, and I hope they knew the policies,"
he said.
Officers' files sought
Next, Fooks asked for the personnel files and criminal histories of
all of the police officers involved in the incident.
"We think there's potentially relevant evidence in there regarding
who shot Larry Mitchell," he said. "We wonder if any officers
have a history of being trigger-happy or if there is a history of
officer shootings."
Foutz denied release of the personnel files, although he allowed Fooks
to obtain a criminal history check on the officers from Arite. Foutz
said Fooks can ask the officers if they've ever been involved in a
shooting in the past.
Bierly said that a crime lab expert said the evidence in the canisters
might be tainted. "Being placed in film canisters may have compromised
the evidence in terms of DNA," Bierly said.
Arite also asked if the defense was finished investigating the trailer,
as a mortgagor had called his office asking for the release of the
trailer. Foutz gave Fooks and his co-workers until Oct. 1 to finish
with the trailer.
Fooks argued that they might need more time.
"There's been some discussion that Gail Evans might want to consider
taking the jury to the scene," Fooks said.
Foutz said he would leave the date as Oct. 1, and if the defense wants
to take jurors to the trailer, they can make a motion for another
hearing.
Kiro supporters
As the hearing finished and police led Kiro away, people in a crowd
of about 20 Kiro family members and supporters shouted, "Love
you, Robert! We love you, Robs."
After the hearing, an unnamed family member approached a reporter
for the Independent and said, "Make sure you write the truth,
not just what you want."
The family member declined an opportunity to speak out on behalf of
the family or to explain what she believes is incorrect in the Independent's
reporting on the case.
Another family member apologized a few weeks ago for comments she
made to a reporter the night of the incident.
As family members left, many tearfully embraced.
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Sports
Carrie Loretto
Sports Editor
GALLUP — It wasn't quite the home opener first-year Gallup head
coach Gary Lunsford anticipated.
Turnovers and penalties plagued the Bengals as they lost to Bloomfield
37-14 at Public School Stadium Friday night.
"We were very bad," Lunsford admitted pointing out the Bengals'
three lost fumbles and lack of execution, including dropped passes
and penalties. "We didn't play good anywhere."
"We didn't bank on (Bloomfield) moving the ball against our defense,"
added Lunsford referring to the Bobcats consistent offensive attack
that put together six scoring drives. "I feel sorry for the fans,
we played so poorly. I hope they don't lose faith in us. I know this
team's going to come back."
"I'm glad it's over with," Bloomfield coach Larry Satcher
said. "It was closer than the score indicated. It was a real
physical game. They're huge and big, we just lucked out."
Despite Satcher's compliments, the Bengals (1-1) were a different
team than the one that shut down Grants last week.
The Bengals gave up 191 yards rushing and another 104 passing to Bloomfield.
Gallup did rush for 114 yards and threw for another 99, but were unable
to get the ball in the endzone.
Defensively, the Bengals had some success limiting Bloomfield's Bryan
Sandoval, sacking him for losses five times. However, Gallup did give
up some big runs to the senior running back that hurt.
Sandoval finished with 78 yards on 22 carries with a four-yard touchdown
in the second quarter. He also caught a couple of passes for 19 yards.
But perhaps his biggest contribution was a kickoff return of 43 yards
in the third quarter that set up a touchdown drive that dashed any
momentum the Bengals had gained on their previous scoring drive.
Gallup had just scored on a two-yard quarterback keeper by Jared Montano
with less than five minutes into the second half which cut Bloomfield's
lead to 17-6. But then Sandoval's return put the Bobcats in familiar
territory at midfield. A one-yard pass from Bloomfield quarterback
Alex Cummins to a wide open Matt Bell put the Bobcats back in command
23-6 with 3:25 still left in the period.
Cummins was the Bobcats other offensive weapon. He rushed for 77 yards
on 11 carries with a five-yard touchdown. Thirty of that came on a
run that set up Bloomfield's fourth touchdown which essentially put
the game out of reach at 30-6.
"At any given time, although not tonight, they're able to go
the distance," Satcher said about Sandoval and Cummins.
Cummins also completed 9-of-15 passes for 90 yards and although he
threw an interception, Gallup was unable to capitalize.
Chris Hendrix picked off a Cummins pass late in the first half, but
forced to throw with just 2:11 remaining, the Bengals went 0-for-3
and had a rush for no gain. The Bobcats moved the ball upfield, aided
by pass inteference and holding penalties by Gallup, in the final
1:41 and Cummins' 29-yard field goal put Bloomfield ahead 17-0 at
the half.
The conversion story was different for Bloomfield as they converted
both of Gallup's first half fumbles into their big half-time lead.
A missed 35-yard field goal attempt by Bengal Abe Azua on Gallup's
opening drive set an ominous tone for the rest of the game.
The Bengal defense did hold Bloomfield on the ensuing series, but
then a fumble on the punt was recovered by the Bobcats deep in Gallup
territory. Brian Long sacked Sandoval for a loss on the next play,
but a 19-yard pass from Cummins to Bell set up a first-and-goal for
the Bobcats on Gallup's five-yard line. From there, Cummins ran the
ball in to put Bloomfied up 6-0.
After a Bengal penalty, Bloomfield opted to try for the two-point
conversion, but Cummins' pass failed.
After trading punts, the Bengals were driving on their next series
and had just picked up a first down on a seven-yard gain by Adam Becenti.
But then Glen Charley fumbled the ball on the next play and Bloomfield
sophomore Bryan Mascarenas recovered on Gallup's 27-yard line.
Six plays later, Sandoval ran around the right side for a four-yard
touchdown and Cummins' pass to Simon Hampton on the two-point conversion
put Bloomfield up 14-0.
It appeared early in the second half that the tables had turned when
Gallup recovered a fumbled snap on a punt attempt deep in Bloomfield's
territory. The Bengals took over on the five-yard line and three plays
later Montano ran in for Gallup's first touchdown.
The Bengals added a late touchdown that capped a 67-yard drive that
featured Gallup's lineman lining up away from the ball allowing Montano
to showcase his passing ability.
Montano completed 6-of-11 passes during that drive including a 13-yard
strike to senior wide receiver Cisco Romero in the corner of the endzone.
"I thought our passing game wasn't bad, I was happy with (Montano's)
throwing. He had several passes that were pinpointed, but just weren't
caught," said Lunsford. "The consistency just wasn't there."
Montano completed 9-of-21 passes for 91 yards and was Gallup's leading
rusher with 72 yards on 11 carries. No other back had more than 30
yards.
Gallup will host Rio Grande next week.
"If we play Rio Grande like we did tonight, we're not going to
beat anybody," said Lunsford. "But we told the kids don't
get down on yourself. They know they played poorly, they just need
to believe more in themselves and their abilities."
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Navajo queen to be crowned
Jim Maniaci
Diné Bureau
WINDOW ROCK — The 49th Miss Navajo Nation will be crowned at
6:30 tonight in the Dean C. Jackson Memorial Rodeo Arena as Karletta
Chief ends her year-long reign as the top royalty of the Diné.
And the four young women who competed this week for the year-long
job, which involves thousands of miles of travel, offer diverse choices
to the judges.
One can gain a glimpse of their various views on life by looking at
what they said Thursday during the public speaking portion of their
schedule and what they said Tuesday while waiting to face the judges'
questions in one-on-one interviews.
In alphabetical order, they are:
Jolyana Begay, 20, of the Rabbit Brush neighborhood of the Fort Defiance
Chapter.
Crystal Chee, 19, of the Black Mesa Chapter.
Shannonlynn Chester, 24, of the Greasewood Springs Chapter.
Floranda Dempsey, 25, of the Cedar Springs neighborhood of the Tees
Toh Chapter...
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Arizona man victim of robbery, beating
Staff Report
GALLUP — A Keams Canyon, Ariz., man was the victim of a beating
and a robbery Thursday afternoon.
A McKinley County Sheriff's Department deputy was sent to Marble Street
in Gamerco because a man had walked onto their property and said he
was beaten and his vehicle was stolen, according to a report.
Deputies met with Kee Smiley, 32, of Keams Canyon, who was bleeding
from the head and appeared to the deputy to be intoxicated. Smiley's
story kept changing as to what happened, the deputy noted.
He said he picked up a co-worker and dropped him off at Wal-Mart.
Then he picked up a girlfriend named Cindy, who wanted a ride to Gamerco...
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Senators: Sick-miner program in trouble
WASHINGTON (AP) — A shift by the Bush administration could
leave a program to compensate miners and others sickened by radiation
in Cold War weapons programs broke by Christmas, according to two
Senate Democrats.
The administration had supported making the compensation payments
an entitlement similar to Social Security or Medicare payments,
meaning qualifying claimants would get paid regardless of the cost.
But a dwindling budget surplus forced the White House to backtrack
and propose funding the program on a year-to-year basis.
"This dramatic reversal is unfortunate and tragic," Sen.
Jeff Bingaman wrote in a letter to the president on Friday. "While
we cannot reverse the progress of the diseases many of theses workers
suffer ... the federal government can and must live up to its commitment
to provide a compassionate program of compensation..."
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VCR taken from fire department
Staff Report
GALLUP — A VCR was stolen out of the White Cliffs Fire Department,
the fire chief reported Thursday.
White Cliffs Chief Julio Sanchez reported that he had last seen
the VCR on Aug. 22, before he left town for a week, according to
a McKinley County Sheriff's Department report. Sanchez spoke with
the volunteers to see if any of them had borrowed the VCR, but no
one had taken it.
No fingerprints were taken off the TV/VCR console. No sign of forced
entry was noted, according to the report.
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Navajo playing of 'musical districts'
may still 'fall down'
Walter Howerton Jr.
Special to the Independent
SANTA FE — If the Navajo Nation could redistrict its corner
of New Mexico, a non-Indian Gallup senator would be out of a seat
and the Navajos could put another Native American in office.
Sen. Leonard Tsosie, D-Bernalillo, Los Alamos, McKinley, Rio Arriba
and Sandoval, presented the Navajo Nation redistricting plan to
the Senate Rules Committee on Friday. He was joined by attorney
Richard Hughes who spoke for the Navajo Nation.
The plan would restructure several districts:
Sen. John Pinto's District 3, which now includes parts of both San
Juan and McKinley counties, would be shifted south,
leaving all of San Juan County in District 2. Pinto would pick up
half of Gallup...
Teen to stand trial for killing
CORTEZ, Colo. (AP) — There is enough evidence to send a New
Mexico teen-ager to trial in the beating death of a transgender
Navajo teen, a judge ruled Friday.
Shaun Murphy, 18, of Farmington, N.M., also was ordered held without
bond on charges of second-degree murder and first-degree felony
murder with attempt to commit robbery. He had been held in the Montezuma
County Jail on $500,000 bond, said Kim Giesler, deputy court clerk.
Arraignment was scheduled for Oct. 18.
Murphy is accused in the death of Fred C. Martinez Jr., whose bludgeoned
body was found June 21.
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Deaths
Molinda Jane Proffitt
GALLUP — Services for Mo Proffitt, 57, will be held at 11 a.m.
Monday, Sept. 10, at First Baptist Church. Pastor Jay McCollum will
officiate.
Mrs. Proffitt died Sept. 7 in Gallup. She was born March 7, 1944,
in Texarkana, Ark.
Mrs. Proffitt was vice president of Amigo Chevrolet Toyota. Her hobbies
included metal detecting, collecting Beanie Babies and spending time
with her family, especially her granddaughters.
Survivors include her husband, Terry Proffitt of Gallup; mother, Mary
Jane Harris of Las Vegas, Nev.; daughters, Teri Lynn and husband Victor
Garcia, and Leigh Anne and husband Rick Marquez, both of Gallup; sisters,
Susan and husband George Bahr of Las Vegas, Nev., Melissa and husband
Gary Butch of Tempe, Ariz., and Dianne and husband David Reid of Las
Vegas, Nev.; brother, Jim Ed and wife Andrea Harris of Veradale, Wash.;
and granddaughters, Taryn Jaycee Garcia and Toni Rae Garcia, both
of Gallup.
Mrs. Proffitt was preceded in death by her father, JC Harris.
Rollie Mortuary is in charge of arrangements.
Dolores R. Mirabal
SAN RAFAEL — Services for Dolores Mirabal, 82, will be held at
10 a.m. Monday, Sept. 10, at the San Rafael Mission. The Rev. Gil
Mangampo will officiate. Burial will follow at San Rafael Cemetery.
Visitation will be held at 5 p.m. Sunday, Sept. 9, at San Rafael Church.
A rosary will be recited at 7 p.m. Sunday, Sept. 9, at San Rafael
Church.
Mirabal died Sept. 6 in Grants. She was born April 11, 1919, in San
Rafael.
Mirabal was a member of the San Rafael Mission and served as a catechist
for the church.
Survivors include her sisters, Clara Mirabel of San Rafael and Rita
Trujillo of El Paso, Texas.
Pallbearers will be Antonio Trujillo, Daniel Trujillo, Marcelino Trujillo
Jr., Edwin Mirabal Sr., Nabor Mirabal and Edwin Mirabal Jr.
Zona Esther Gish
GRANTS — Services for Zona Gish, 69, were held at 10 a.m. today,
Sept. 8, at the First Baptist Church.
Gish died Sept. 6 in Grants. She was born Sept. 1 in Catron County.
Gish retired from 4B's Restaurant after 18 years of service.
Survivors include husband, Rod Gish of Phoenix; sons, Roger Gish of
Grants and Mike Gish of Phoenix; daughters, Cheryl
Valdez and Trish Garcia, both of Grants; brothers, Weldon West, Lewis
West and Curtis West, all of Albuquerque, Otho West of Caddo Gap,
Ariz., and Herschel of Ulysses, Kan.; sisters, Inez Moore of Chillicothe,
Mo., and Vivian Vaughn of
Columbus, Mich.; and seven grandchildren.
Pallbearers were Jerry Vaughn, Ronnie Vaughn, Rusty Gibson, Stanley
Vaughn, Todd Cernusak and Randy West.
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