DA to decide if Kiro gets death trial
Andrea Egger
Staff Writer
GALLUP — A district judge decided on Friday that the district
attorney must decide by March 1 whether he is going to seek the
death penalty for Robert Kiro.
"This will help us determine how much time to set aside for
the case," Judge Grant Foutz told Deputy District Attorney
Joseph Arite.
Arite and Kiro, along with Kiro's attorney, Devin Fooks of Albuquerque,
met Friday morning for a status hearing in the case in which Kiro
was indicted by a grand jury for murder, attempted murder, aggravated
assault on a police officer, aggravated assault on a family member
and tampering with evidence. The case revolves around the May
30 shooting death of Gallup Police Cpl. Larry Brian Mitchell after
a SWAT team, including Mitchell, entered Kiro's trailer, where
he was barricaded for nine hours, and engaged in a shootout with
Kiro.
District Attorney Karl Gillson has said he is waiting on more
than 700 items of evidence to be examined at the New Mexico Department
of Public Safety Crime Laboratory before he will make the call
on asking for the death penalty.
Death penalty cases are much longer than regular murder trials
because, if convicted, the jury then enters the"death penalty
phase,"after which they must vote for either death or life
imprisonment for the suspect. The death penalty phase is almost
like a new trial but mainly involves the defense putting on witnesses
to show why the suspect should receive life instead of death.
The prosecution, in turn, often puts on more witnesses or recalls
witnesses to show why the gravity of the crime makes the death
penalty the best answer. In the end, it's up to jurors, who are
told they are"judges of the facts,"in the case, according
to state statute.
The issue of whether Kiro shot Mitchell at all will be brought
up by the defense, since evidence has shown that Officer Michael
Mitchell, no relation, was shot in the back by a 9 mm bullet,
which is what officers used that day. Kiro had a .45-caliber handgun.
While Gallup Police fired several hundred shots at Kiro that day,
none of the bullets struck Kiro.
Michael Mitchell's bulletproof vest caught the bullet fired at
him and gave the officer a nasty bruise from the impact. Another
bullet entered Larry Brian Mitchell's shoulder and exited underneath
his other arm, maneuvering around the bulletproof vest, according
to police.
The New Mexico State Police Criminal Investigations Division investigated
the case. Officers and Gillson have not released whether they
believe they found the bullet that killed Larry Brian Mitchell
that day.
Experts in DNA analysis are testing bullets for Larry Brian Mitchell's
blood or body fluid to determine who shot him.
Even if a Gallup Police officer accidentally shot Larry Brian
Mitchell, prosecutors can still argue that Kiro murdered him since
the shooting wouldn't have occurred had Kiro not barricaded himself
in his home with a gun for nine hours after first threatening
his girlfriend and daughter with the gun. The other charges of
attempted murder, three counts, aggravated assault on a police
officer, seven counts, and two counts of aggravated assault on
a household member also still remain.
The 23-year-old police officer left behind his wife, Erika, their
son, Dylan, 3, his parents, Larry and Kathy Mitchell, and a younger
brother, Buck Mitchell.
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Septic-tank users facing new fees
Bill Donovan
Staff Writer
GALLUP — The world of the septic tank just got a little more
expensive.
Beginning Feb. 1, the state of New Mexico began, for the first time
ever, charging people to inspect and certify septic tanks.
A whole series of costs, ranging from $50 to $150, have been put in
place in an effort to finance a couple of new statewide positions
as well as five new inspectors, including one for San Juan County.
State officials said that New Mexico septic tank users will be paying
less than half of what their Arizona counterparts pay.
This is a list of the new fees: - $100 for the construction of a conventional
residential system. - $50 for a modification or repair of an existing
conventional residential system. - $150 for the construction, modification
or repair of a commercial system. - $150 for the construction of an
advanced or alternative treatment system. - $75 for a permit to modify
or repair an advanced or alternative treatment system. - $50 re-inspection
fee for installers who do not pass an inspection and received a notice
of non-approval, known as a red tag. - $50 for a variance from the
regulation. In 2001, the state issued about 5,200 permits for new
septic tanks. Local officials for the state environmental department
estimated about 100 of them came from
McKinley County. Local staffer Joe Winkler said about 10 percent if
those came from within the city limits.
He said area residents will still be getting a good deal for their
money since inspectors go to the site, some of which take a great
deal of driving time, at least twice, once before construction and
once after."We advise on how big the septic tanks should be and
where they should be located," he said.
Within the city limits, there are still a number of homes, all in
the southside of town around the college, that are not connected to
the city sewer lines and still use septic tanks.
"They're all located in what we call the southlands," said
city utility director Buck Monday.
But there doesn't seem to be much of a push right now from these residents,
who seem to be happy dealing with their own septic tanks.
"Well, it's a matter of money,"said Monday.
When these homes were built, it was cheaper to install a septic tank
instead of paying the several thousand dollars it would have taken
to get hooked up to the city sewer lines. And it would have been more
for those living in the valley south of the college since the city
would have had to build a lift station to get the sewage up the hill
to the treatment plant.
"Now, it's different,"said Monday. "It would be cheaper
for most of them to get hooked up to the city lines rather than to
buy a new tank."
Most of those tanks in the Southlands are now approaching 25 to 30
years of age and should be needing replacement in the next decade
or so, according to Monday. At that time, he said, there may be some
talk from the residents about hooking on to the city lines.
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3 Grants girls plan trip as ambassadors
Tom Purdom
Staff Writer
GRANTS — Three young middle school women planing a summer South
Pacific goodwill trip need some help.
Cruzita Taylor, 13, Megan Doty, 14, and Merissa Montoya, 13, will
fly across the Pacific Ocean this summer to New Zealand and Australia
on a 22-day adventure as goodwill student ambassadors as part of the
People to People program established by President Dwight D. Eisenhower
in 1961 (although it was 1963 before the first students traveled abroad).
The formal name of the program is People to People Student Ambassador
Class of 2002.
The trio will represent their schools, community, county, state and
the United States in a program that began with just 16 students picked
from kids across the United States to more than 18,000 students last
year. Students nationwide range from
middle schoolers through high schoolers.
Perhaps young Megan summed it up thier goals best: "We get to
experience different cultures, get credits for high school and college
and just to have some fun." Since Sept. 11, "just to have
some fun" is something especially needed by many of the nation's
youth.
These three, Cruzita, a seventh grader, Megan, an eighth grader (both
from Los Alamitos Middle School) and Merissa, a seventh grader from
St. Theresa's Catholic School, embody the young people President George
Bush referred to in a recent talk about the People to People program
and a new initiative called "Friendship Through Education."
"I think the best way to attack, to handle the attacks of September
the 11th, is to fight fear with friendship, is to fight fear with
hope, is to remind people all around the world we have much more in
common than people might think, that we share basic values, the importance
of family, and the importance of faith, and the importance of friendship."
While the trips are ment to let the ambassadors have fun, they are
also designed to help people from other nations meet, talk, laugh
with and get to know America's future, her youth. The first 11 days
of the trip will be spent in New Zealand and the last 11 in Australia,
primarily on the east side of the nation. The three will be traveling
with other students from New Mexico.
The program also aimes to help shape these young people into young,
responsible adults. It was after Walt Disney went to a White House
conference on the People to People campaign that he created his "It's
a Small World" attraction. To help foster maturity, each participant
must raise $5,000 to go on the trip.
That is where the people, institutions and organizations of Cibola
County come into the picture. The students are selling cookbooks with
recipes from around the world and from New Mexico as well, they plan
car washes and raffles, even baby-sit. They hope for organization,
personal and corporate donations too.
There is determination in these young voices. "We're going to
go," said Megan. The three young women are making payments for
the trip, the last of which is due May 1. Anyone who would like to
donate can do so by sending checks to: 3 American Aussies, P.O. Box
1166, Grants, N.M., 87020.
Megan's mother, Sheri Doty, said the three were nominated, but no
one knows who nominated them. She said each must go through a process
after the nomination. "Each must get three recommendations from
teachers and adults, then they must be interviewed by sponsors(People
to People delegate leaders), then they each must go through 12 hours
of training and raise the money before they can get on the airplane,"
Doty said."This trip isn't just handed to them. They work for
it."
Doty said she is 100 percent behind her daughter going. "This
is an experience that will follow them for the rest of their lives,"
Doty said. "It's definitely a learning experience."
In letters to Merissa, Megan and Cruzita, Mary Eisenhower, President
Eisenhower's granddaughter and now CEO of People to People International,
words of welcome and advice were given. "By venturing beyond
your local borders, you will represent the very best of America to
the rest of the world. You will gain insight into new cultures, forge
lasting friendships with global counterparts, and help promote peace
and human dignity around the world," Eisenhower wrote. "President
Eisenhower firmly believed face-to-face encounters between people
of different backgrounds would form the foundations for lasting world
peace.
He created People to People with the idea that ordinary citizens from
different nations would solve their problems and find a
way to live harmoniously with one another."
She wrote later, "In my travels with Student Ambassadors, I have
witnessed them overcome the obstacle of language, watched as they
embrace diversity, and celebrate the common human experience that
fosters international goodwill. Perhaps most remarkably, I have observed
people from other nations welcoming Student Ambassadors into their
homes as the bonds of lifelong friendships began to develop."
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Area sports
Carrie Loretto
Sports Editor
GALLUP — Rio Rancho coach Bob McIntyre borrowed a time-worn tradition
of John Lomasney's and beat Gallup at its own game.
Rio Rancho forced a slow-paced tempo, holding onto the ball for over
five minutes of the first period.
"I've learned a lot watching John's teams," McIntyre said.
"You have to be patient and that's a hard thing to teach. We
were able to completely take the air out of the ball a little bit."
"We're used to playing a slow paced game and running our offense,"
Lomasney said. "He wasn't taking me out of my game."
In fact, through the first half, Gallup flourished in the slow-paced
game. The Bengals showed a lot of patience defensively, sitting back
in a 3-2 zone while Rio Rancho sat on the ball. When the Rams did
try to work in the ball, Gallup's defense kept it on the perimeter.
Backing off defensively didn't keep the Bengals from missing a beat
offensively as Gallup made all but one of its five field goal attempts
and led 10-6 at halftime.
Tanya Bailey got the ball to Vanessa Hubbard for Gallup's only score
in the first quarter that ended in a 2-2 tie.
Candace Roanhorse hit a three-pointer behind Bailey's screen to start
the second period then Hubbard came up with a steal. Roanhorse then
got the ball out to Anna Antonio for another three-pointer and an
8-2 Bengal lead.
However, Gallup didn't score again until Rio Rancho again took time
off the clock and pulled within 8-6. Roanhorse's drive to the basket
regained a 10-6 lead for the Bengals after Brio Rode and Angel Sparks
had capitalized on an offensive rebound and a Bengal turnover.
After hitting its' first four shots, the Bengals missed eight in a
row including all seven in the third quarter as Rio Rancho took the
lead 13-10. Additionally, Gallup turned the ball over on three of
its limited possessions.
Rode accounted for all of the Rams' scoring capped by a three-pointer
with 4:17 remaining in the quarter. Neither team scored the rest of
the period.
The Bengals came out and pushed the tempo to start the fourth quarter
and Gallup's offense started finding the open player. Antonio got
the ball to Hubbard for a basket. Gallup came up with an offensive
rebound and Roanhorse got the ball to Bailey for a short jumper and
the Bengals were back in the lead 14-13 with 5:33 left in the game.
After regaining the upper hand, it was the Bengals' turn to run the
stall. Gallup ran off over 2 1/2 minutes before Hubbard and Antonio
connected on another basket.
Rode calmly got the ball at the other end and nailed her second trey
to tie the game at 16-16 with 2:16 remaining.
The Bengals, who ran the clock down to 11 seconds, were called for
a double dribble and had to foul to keep the ball out of Rode's hands.
The strategy worked and Laura Smith was forced to take the shot at
the buzzer. It hit off the side of the backboard sending the game
into overtime.
Gallup again took the early advantage as Hubbard drove, got the ball
back out to Bailey and set a screen to give Bailey an open shot.
But on the very next possession, Sparks penetrated Gallup's defense
for a basket and a foul. She missed the free throw, but Rode manuevered
in for the offensive rebound, put it back in the basket and also drew
the foul. She sank the free throw and in a matter of a second Rio
Rancho was up 23-18.
Gallup was unable to recover losing the ball on an offensive foul
and a turnover and missing its final two shot attempts.
"I thought it was a well-played ballgame, we just didn't shoot
the ball," Lomasney said. "We worked real hard on offense,
we just didn't knock the shot down."
The Bengals shot just 40 percent from the field, making only 8-of-20
attempts. Rio Rancho was 10-of-22.
Rode led all scorers with 16 points. Antonio and Roanhorse led Gallup
with 5 points apiece.
Both teams grabbed 11 reboundss. Gallup turned the ball over seven
times, Rio Rancho four.
The teams are now tied for the District 1AAAAA lead with 6-1 records.
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MacDonald won't endorse for prez
Jim Maniaci
Diné Bureau
CHINLE — Acting like an elder statesman, former tribal chairman
Peter MacDonald said in an interview Saturday it was the children
who finally convinced him to speak out and that he won't endorse a
Navajo presidential candidate.
MacDonald, enjoying a year's freedom and rest after serving seven
years in federal prison, was accompanied by his wife, Wanda, and daughter,
Hope Lonetree, to the first of three consecutive Saturday appreciation
luncheons.
After the Feb. 9 appearance at the Chinle Chapter House, this coming
Saturday's will be at Teec Nos Pos, and the concluding week at Bodaway-The
Gap.
About 85 people — with only two or three children present —
heard the man who once was the most powerful Indian in America speak
for 50 minutes in his native Diné language, then again for
about 15 minutes at a gathering that attracted a dozen or so political
candidates for state and federal elected office...
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Mexican airline delays flights to New Mexico
ALBUQUERQUE, N.M. (AP) — Azteca Airlines of Mexico planned
to begin air service to Albuquerque from several Mexican cities
by the end of this month. It apparently won't happen.
Before the flights can begin the company has to negotiate an agreement
with the Albuquerque International Airport and that agreement hasn't
been signed, according to airport spokeswoman Maggie Santiago.
Jose Rivera-Acuna, an official of Azteca at the company's Dallas
office, said the airline expects to begin the service by the end
of March.
"It depends on the availability of our fleet," Rivera-Acuna
said. "We are supposed to be getting new aircraft in the coming
weeks and months..."
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Escaped inmate is back in jail
Andrea Egger
Staff Writer
GALLUP — Gallup Police on Saturday afternoon caught an inmate
who used a handcuff key to unlock his ankle shackles and then ran
out of the McKinley County Courthouse before his Friday morning
hearing.
Gallup Police Detective Sgt. Rick White said Sgt. Francie Martinez
caught Harold Grey of Gallup on the north side of the city. An unnamed
source called 911 Saturday morning to inform police Grey was at
a certain residence.
City police and deputies of the McKinley County Sheriff's Department
raced to that location to capture Grey, who faces more than 50 years
for possession of stolen vehicle charges, receiving stolen property
charges and one count of aggravated battery during an alleged car
theft.
"I don't have much information at this point," White said
Sunday regarding Grey's capture, as he wasn't able to reach Martinez
that day...
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American Indian artist educator, New, dies
SANTA FE (AP) — Lloyd Kiva New, who helped found the Institute
of American Indian Arts where he pushed students from the traditional
into the contemporary arts, died Friday. He was 85.
"No one could deny his importance as a role model, as a symbol
of what we could become," said painter Fritz Scholder "His
manner was so dignified, He was a person everyone could respect,
and we all did."
New, who died of congestive heart failure at St. Vincent Hospital,
helped draw up the mission statement for the fine-arts school, founded
in 1962.
He was president of the IAIA from 1967 until his retirement in 1978...
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Gallup and Grants nursing homes cited for violations
Zsombor Peter
Staff Writer
GALLUP — Three of McKinley and Cibola counties' four nursing
homes have been violating numerous federal health and safety standards,
according to the U.S. Department of Health and Human Services.
Of the three, Grants Good Samaritan Center, McKinley Manor and Red
Rock Care Center (serving nearly 200 residents in all), the latter
was among 31 facilities selected by the New Mexico Committee on
Government Reform for a closer look in its recent investigation
into state nursing home quality. The committee chose its 31 samples
from among the state's 80 nursing homes accepting Medicaid and Medicare
subsidized residents, and only those with several violations.
Of Red Rock's nine violations, HHS judged eight to expose residents
to a "potential for more than minimal harm," and one,
failure to properly distribute medication, to have caused a few
residents "actual harm..."
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President Begaye praises Watchman's run for Congress
Jim Maniaci
Diné Bureau
WINDOW ROCK — Navajo President Kelsey Begaye has praised his
outgoing chief of staff, Derrick Watchman, who is running for the
new Arizona Congressional seat as a politically prominent New Mexico
family expands across the border.
"We want Derrick to know that we fully support him in his candidacy
for the United States Congress. He is very knowledgeable, experienced
and knows the grass roots issues of the Navajo people and the people
of Arizona. I am very confident in Derrick's abilities to convey
the concerns of his district to Congress, and I feel he will do
very well serving the people of northern Arizona," said Begaye,
who is from the Arizona side of the reservation, in a statement
issued Friday by Executive Branch Press Officer Merle Pete.
Friday was Watchman's last day after having been Begaye's top lieutenant
since last January...
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Deaths
Junior G. "June" Thomson
ALBUQUERQUE — Services for Junior Thomson, 75, will be held
at 10 a.m., Tuesday, Feb. 12 at the Our Lady of Assumption Catholic
Church, Albuquerque. Rev. Michael Cimino will officiate. Burial
will follow at the National Cemetery, Santa Fe.
Thomson died Feb. 8 in Albuquerque. He was born June 16, 1926 in
Reulah, Wyo. Thomson attended the University of South Dakota, where
he received a B.A., M.A. and Education Specialist Degree. He taught
elementary school in both North and South Dakota, was a adminstrator
in Crownpoint at the BIA school. He was a member of the Lion's Club
and a past District Gov.
Survivors include his wife, Marjorie Thomson of Albuquerque; son,
Mark Thomson of Rio Rancho; daughters, Carol Matsutan of Gallup,
Jan Thomson, Mary Ingham, Kathy Stewart, Elizabeth Thomson and Barbara
Ayres all of Albuquerque; brothers, Paul Thomas of Sun City, Ariz.
and Rodger Thomson of of Rapid City, SD; sister, Darlene Ziegenbein
of Piedmont, SD and 18 grandchildren.
Thomson was preceded in death by his parents, James and Leota Thomson;
brother, Ervin Thomson and sister, Louise Parsons.
Pallbearers will be A.L. Roland, Lee Roy Miton, James Matsutan,
Michael Immerman, Bill Whatley, Al Luna and Fenton Ayres.
Donations can be made to the American Cancer Society, 5800 Lomas
Blvc. NE, Albuquerque, NM 87110 or NE Heights Lions Club, 2818 Pennsylvania,
NE, Albuquerque, 87110.
Mary Ann Henio
THOREAU — Services for Mary Henio, 54, will be held at 1 p.m.,
Monday, Feb. 11., at Crosslands Bible Church. Pastor Jerry Yonnie
will officiate. Burial will follow on private family cemetery, Thoreau.
Henio died Feb. 6 in Gallup. She was born Aug. 15, 1947 in Crownpoint
into the Black Sheep People Clan for the Bitter Water People Clan.
Henio graduated from Albuquerque Valley High School and attended
Vocational School, San Francisco, Calif. She was employed as a teacher
at Thoreau Pre-School and worked with the elderly at the Gathering
Place in Thoreau, Sunday School teacher at Crosslands Bible Church
and a board member of the Crosslands Bible Church. Her hobbies included
sewing, reading, crocheting and planting.
Survivors include her son, Charles C. Henio of Thoreau; daughters,
Olga Esquibel of Rio Rancho and Lenora Henio of Thoreau; mother,
Ruby House of Smith Lake; brothers, David House of Los Alamos; Jerry
J. House of Gallup and Larry House of Burnside, Ariz. sisters, Esther
House of Smith Lake, Louise Thompson of Smith Lake and Lucie Thompson
of San Francisco, Calif. and five grandchildren.
Henio was preceded in death by her husband, Anthony T. Henio, father,
Len House; brother, Herbert Pinto and sister, Betty Thompson.
Pallbearers will be Ronald Bennett, Albert Esquibel, Phillip Henio,
Jerry J. House, Larry House and Mario Sanchez.
Rollie Mortuary is in charge of arrangements.
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