Beauty aid




Virgil Gomez uses a skill saw Jan. 30, to cut a support beam for a new fishing platform at McGaffey Lake. The lake, which has been dried up since last summer, is also going to have its bed cleaned up.

Photo by Jeff Jones

 
 



Cops nab FBI Most Wanted suspect at Western Bank


Andrea Egger
Staff Writer

GALLUP — A clerk at Western Bank recognized a customer as being on the FBI's Most Wanted list, causing Gallup Police and FBI agents to investigate and arrest the man.

In a Gallup Police report released Thursday, officers were called at 4:34 p.m. Friday to the bank, 307 W. Aztec Ave., and met with bank president John Dowling, who said a man identified as Tristin Ray Lewis, 39, of Rio Rancho, was opening a new account. Dowling said one of the bank's account personnel recognized Lewis as being on the Most Wanted list, and that he was sitting in a chair by her desk.

Officers went to where Lewis sat and ordered him to stand and move away from the desk. Officer Marion Morgan told him that the officers were detaining him for investigative purposes because of possible federal warrants for his arrest.

Two FBI agents arrived at the bank, and the law enforcement officers took Lewis to a conference room out of patrons' view to check on the warrants, according to the report.

Gallup Police had a McKinley Metropolitan Dispatch Authority dispatcher run Lewis' identification information through the National Crime Information Center. Meanwhile, the FBI agents called their out-of-state offices.

The officers confirmed two felony warrants from Kansas for fraud and forgery, and two felony warrants for the same charges out of Colorado. No federal warrants could be confirmed, according to the report.

Police called law enforcement in Kansas and were told the state would extradite Lewis there to face the charges, according to the report. Gallup Police couldn't get a confirmation of extradition on the Colorado charges.

Morgan arrested Lewis and took him to the McKinley County Adult Detention Center to book him on the warrants and a local charge of being a fugitive from justice, according to the report. He will remain there until Kansas police transport him back to the state.

At the jail, staff determined Lewis also has gone by the names Walter Ray Lewis Jr., Coby Mathew Lewis and Ray Lewis, according to the report.

Morgan's report shows that other warrants on the other names are pending for the man.

In other Gallup Police news this week, police arrested Virgil Livingston, 34, of 504 Gomez, Thursday night after his wife, Nancy Livingston, 34, reported he battered her and then wouldn't let her leave the home or use the telephone, according to a report.

Officer Chavo Chischilly was sent to the home at 11:40 p.m. and met with Nancy Livingston. She said she and her husband got into an argument because he accused her of cheating on him, according to the report.

She said he began pushing her around the house, and when she got close to the phone, he pushed her out of the way. She said her husband was intoxicated.

Nancy Livingston finally got away from her husband and ran to a neighbor's home to call the police. While she was talking to a dispatcher, she said she saw Virgil Livingston run away from their home, according to the police.

Officers couldn't find him in the area. At 12:07 this morning, dispatchers notified police that Virgil Livingston had returned
home.

Chischilly went back to the home and arrested Virgil Livingston and charged him with false imprisonment, a felony, battery on a household member, a misdemeanor, and a bench warrant, according to the report.

Magistrate Court records show the warrant was for the same charges in a June 2002 complaint with Nancy Livingston as victim.

Chischilly gave Nancy Livingston a domestic violence packet.

In an incident from Tuesday afternoon, a Grants man was arrested after allegedly stealing a carpet that fell out of the back of a man's truck near Nizhoni Boulevard and Rudy Street, according to another report.

Jose Romero, 35, of Jay Street in Gallup, said he was driving near there when a carpet worth about $800 fell out of his truck. While Romero was turning around, he said he saw two men pick up the carpet and put it in the bed of their gray truck.

When Romero approached the men, they swore at him and one of the men said, "If you follow us, we will shoot you," according to the report.

Romero disregarded the warning and began following the truck while calling 911 on his cellular phone. He followed them to 1625 Milda, where he saw the two men remove the carpet and put it inside the residence.

Romero pointed out one of the men to Sgt. Scott Montoya. The man, who at first identified himself as someone else, was known by Montoya to be George Olguin, 44, of Grants. He admitted his name is Olguin after Montoya confronted him.

Olguin told Montoya that he saw the carpet in the road and decided to take it, according to the report.

Montoya told Olguin that Romero has a receipt for the carpet. Olguin told the officer to take the carpet.

"Jose did recover the carpet, which appeared to be hidden from public view behind the residence," Montoya wrote in the report.
Montoya arrested Olguin and charged him with larceny, a felony, and concealing identity, a misdemeanor, according to the report. Olguin also was charged with failure to pay $15,000 in child support from a bench warrant, according to the report.

The identity of the second suspect is unknown.

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Unsafe for kids; about right for politicians?

Bill Donovan
Special to the Independent

GALLUP — Most of the hundreds of people that use Dani Drive to enter or leave the Stagecoach area probably don't think too much about that pile of dirt and rocks near the entrance into the subdivision.

But mayoral candidate William Armijo says he has been doing a lot of thinking about the area for the past several days and the more he thinks about, the more worried he gets.

In his mind, it's a tragedy just waiting to happen.

"A lot of kids from this area have been playing on the dirt and rocks, making forts and caves and a lot of parents here are worried that there'll be a cave-in or something and someone's kid will be injured or killed," he said, adding that something like that happened not too long ago in Albuquerque.

On one side of pile, where the rocks are more prevalent, it was obvious that someone had scooped out dirt under one of the big rocks and had made a small cave or a fort. Armijo pointed to the area and said it would be easy for the boulder to fall and crush someone and really hurt them.

"This has been around here for months and parents have been wondering why the city hasn't come in and done something to make the area safer," Armijo said. "It probably wouldn't take more than a day to clean up the area using heavy equipment and the danger would be gone."

But before something can be done, there will have to be a determination - just whose dirt is it out there. The opinions vary.

The dirt was left over by crews for the WW Construction Company, which received the bid to expand Dani Drive. That project, for the most part, has been completed.

City Planner Lisa Baca Diaz, who came by and looked over the dirt pile on Thursday, said the responsibility for cleaning up the area still rests with the construction company since the project still is not finished and the city has not signed off on it.

She said that the construction company was waiting for warm weather to finish the project.

But Dick Waters, the project foreman for WW Construction, said the dirt doesn't belong to them.

The company, he said, was preparing to remove the dirt when people from the Gallup Housing Authority said they needed it for one of their projects and asked if it could be left there. Waters said that the company officially turned over the dirt to the housing agency.

"It's Gallup Housing's dirt," he said.

Doug Thornton, head of the housing agency, said his organization was planning to do some leveling of the land in that area in the spring and it didn't make sense to him for WW Construction to cart off the dirt when the housing program would just have to bring in more dirt in the spring.

"We have plans for that dirt," he said.

As for the possible dangers of leaving the dirt where it is, Thornton said that he hasn't received one complaint from anyone in the area about any concern for the possible dangers this pile of dirt and rocks could cause.

But since a complaint has been made now, he said he planned to send someone over to the site to inspect the dirt pile and determine whether it poses any danger to area children.

So the dirt belongs to Gallup Housing. Well, maybe not.

Larry Binkley, director of administrative services for the city and acting city manager on Thursday because most of the city leaders were in Santa Fe for Gallup Day, said that while WW Construction said Gallup Housing could have the dirt, if there was any problem with it, the construction company would have to take responsibility because they put it there and would have the responsibility to make sure that it doesn't create a dangerous situation.

The city itself hasn't received any complaints from anyone in the area but Binkley said that he also felt it may be wise to have
people in the city's public works department inspect the dirt on Friday and see if it posed any danger to the community and if it did, take steps to see that the construction company took care of the situation.

But Armijo said the problem wasn't only the dirt.

Just a few hundred yards from the dirt pile, he said, was a massive illegal dump on land within the city limits.

"There's refrigerators and other things just sitting there that are a danger to children who play in this area," he said. "Why hasn't the city done something about that. Is it because this is a low-income area and the city just doesn't want to make the effort?"

At the end of the day, after various candidates, city officials and construction company representatives all had their say, Councilor Pat Butler, the only elected official still in town, was asked his opinion about what was going on.

"It's total politics," he said. "The mud is starting to fly in this election."

He pointed out that there are boulders all over the area near Dani Drive, boulders that could be dislodged and cause someone to be injured.

What's going on, he said, is just plain politics. If there was a concern by area residents about the dirt or about anything in their area that posed a threat to their children, the city would have heard about it a long time ago.

"At best, all this is is a political ploy," he said.

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Too many DWI bills confuse legislators

Kristen Davenport
Legislative Reporter

SANTA FE — The first of several dozen bills related to New Mexico DWI laws made it past the House of Representatives at the legislature Thursday, and another bill which would increase penalties for DWI squeaked by in a Senate Committee.

By a unanimous vote, the House passed a bill sponsored by Rep. Tom Swisstack, a Democrat from Rio Rancho, which increases penalties for drunk drivers and requires treatment for repeat offenders. It also lowers the blood alcohol legal limit for drivers of commercial vehicles.

The bill in the Senate Committee, sponsored by Republican Senator Joe Carraro from Albuquerque, puts DWI and repeat
DWI offenses under New Mexico's "habitual offender" laws — thereby increasing penalties. That bill passed by a 5-4 vote.

But the problem with efforts to renovate DWI law this legislative session, some analysts say, is there are simply too many DWI bills. In fact, 43 bills that would change New Mexico drunk-driving laws have so far been introduced in the House and
Senate — with several more weeks remaining to introduce bills.

"There are at least 22 bills that modify the exact same section of code," said Richard Roth, a citizen lobbyist on DWI rules who is pushing for better laws on ignition locks on cars of drunk-driving offenders. Roth said that if all 22 were passed the the
governor signed all of them, "only the last one signed into law would hold, only that one would change the law."

Carraro's bill, which passed the Senate Public Affairs committee Thursday, is one of those 22 bills that modify the same section of New Mexico law (Roth said it is SEction 66-8-102). The bill, which makes DWI felony subject to New Mexico's standing "habitual offender" rules, passed but was mostly divided along party lines.

Four democrats voted against the bill, saying instead the legislature should focus on treatment and other DWI remedies, while four Republicans were in favor of the bill. Sen. John Pinto, a Democrat from Tohatchi, voted with the Republicans.

The bill will now go to the Senate Judiciary Committee, where it will need a "pass" vote before being sent to the Senate.

Roth said it is not yet clear which bills will conflict or contradict which others. With 43 bills (and counting), it will take a while to work out, he said.

"Hopefully before they get sent to the governor, they'll get narrowed down," he said.Many of the bills differ only slightly: One makes a third DWI a fourth-degree felony while another makes a sixth DWI conviction a third-degree felony requiring three years in jail. Carraro's bill, which passed committee, would make a habitual felony offender subject to up to many years in prison. Under his law, someone with eight DWIs would get eight years in prison.

Right now, the longest prison sentence is 18 months for a fourth-degree felony. Fourth and subsequent DWIs are fourth-degree felonies.

Discussion in the Senate Public Affairs of Carraro's bill was passionate and sometimes tearful, as families who have had loved ones killed by drunk drivers spoke. Paul Cravens, whose wife and three daughters were killed by Thoreau substance abuse counselor Gordon House 10 years ago, spoke in favor of the harsher penalties.

Karl Gillson, District Attorney for McKinley County, also spoke Thursday in favor of harsher penalties for DWI offenders.

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Navajo panel OKs $1M Hwy 666 funds

Jim Maniaci
Diné Bureau

WINDOW ROCK — The Inter-governmental Relations Committee of the Navajo Nation Council has approved a $1 million deal with the state of New Mexico to begin planning to improve about 70 miles of the U.S. Highway 666 from Twin Lakes north to Shiprock.

The New Mexico deal includes $103,561 in federal funds from the 2001-2002 budget. It allows the tribe two years to complete the archaeological work along the right-of-way. It also provides $896,436 from the same source for the state to hire an engineering firm to say what the exact alignment of the new road should be.

New Mexico's contract engineer must have its work done by June 30, 2006.

Envisioned is a four-lane divided highway similar to the Shiprock section that begins between Mile Markers 85 and 86 and the southern stretch from Mile Marker 0 at Interstate 40 north through Gallup, Yah-Ta-Hey to between Mile Markers 15 and 16 at Twin Lakes.

The two-lane section that will be replaced is among the most dangerous and deadly in the state.

Plans also are being explored to change the highway number to remove its dubious satanic reference, but that is not part of the joint powers agreement the inter-government panel approved Monday by a 10-0 vote. There was one committee memberabsent.

The council's Transportation-Community Development Committee gave its 4-0 approval Dec. 19 while Speaker Morgan was still panel chairman.

Also on Monday, the inter-government panel:

Approved federal Community Oriented Policing Services "COPS" grants of $7.2 million and $1.4 million for the Law Enforcement Department in the Public Safety Division to hire, train and equip 65 new police officers.

This would enlarge the patrol force by about one-fourth and is a big supplement to the Public Law 93-638 contract and the Navajo Nation general fund that provide 99 percent of the department's funding since the tribe took over police services from the BIA.

Approved renewal of a $44,984 one-year grant starting July 1 from the Arizona Public Safety Department's Victims of Crimes Act for domestic violence counseling through the tribe's Women-Families Office.

Approved a deal among the Navajo Nation, Hopi Tribe and Tuba City Regional Health Care Corporation through June 29, 2007, to raise women's health through a cooperative effort to detect breast and cervical cancer.

The memo of understanding calls for the "638" hospital to schedule appointments for the mobile unit in cooperation with Hopi Tribe's Women's Health Program, the Diné Breast and Cervical Cancer Prevention Program.

New Health-Social Services Committee Chairman Jerry Freddie certified his panel's 7-0 vote of Jan. 28.

But the inter-government committee tabled a related action of accepting a one-year $45,571 grant from the Avon Breast Care Fund.

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Bengals 'weather the storm'
Gallup improves to 5-0 in 1-5A after beating Cibola


Alan Arthur
Assistant Sports Editor

GALLUP — The Gallup Bengals have done their job at home against the top two competitors in District 1-5A.

The Bengals held off every challenge to capture a 49-43 girls' basketball victory over the Cibola Cougars Thursday night at Gallup High School.

The Bengal stayed undefeated in the district with a 5-0 mark and improved to 12-4 overall with their sixth straight victory.
Three of those five district wins came at home, including two against second place Rio Rancho and third place Cibola.

The Bengals will play three of their final four district games on the road. The Bengals host Rio Grande on Saturday before traveling to Albuquerque for three games in the next two weeks, including away games at Rio Rancho on Saturday, February 15 and at Cibola on Saturday, February 22.

Still, the Bengals have been doing the job at home and they did it again Tuesday night against a Cibola team that was looking to draw into a tie for first place. Cibola fell to 3-2 in the district and 10-7 overall.

"We weathered the storm," Gallup head coach John Lomasney said. "We won it in good Gallup fashion. We made the big free throws and we didn't have the major turnovers."

Lomasney added, "We're so much better today than we were a month ago. The kids are starting to feel it. They're starting to play ball for us. I'm really pleased with the progress right now."

"It was a closer game than the score indicated," Cibola head coach Doug Dorame said. "The kids did a good job. We'll be ready for them in Albuquerque."

Dorame added that the district is "going to be tough. Homecourt is going to be used."

The Bengals used an 11-2 run in the second quarter to open up a 22-11 lead as they held the Cougars without a field goal for nearly seven-and-a-half minutes. Nearly every Gallup player got into the action with Stephanie Jones scoring on a putback of an offensive rebound, Renee Lizer hitting one of her five three-pointers on the night, Anna Antonio scoring on a short jumper, Dawn Hoskie completing a three-point play and Lia Kinlicheeney making 1-of-2 free throws.

Cibola made a late run with a three-pointer from Amber Ward and a pair of free throws by Melanie Dragmeister to cut the halftime margin to 22-16.

"If we had closed that quarter out, we would have been 12 or 14 up but instead we gave them confidence," Lomasney said. "Now, they're down six and they're back in the ballgame."

In the second half, Gallup had to fight off Cibola's attempted comebacks.

Back-to-back buckets by Dragmeister got the Cougars within 26-23 with 5:15 left in the third quarter.

Gallup then missed three straight three-point attempts, but got the offensive rebound each time. On the fourth attempt, Lizer nailed the trey to put the Bengals back up 29-23.

A three-point play by Shauna Snyder had Cibola knocking on the door again, getting within 31-28 with 1:50 left in the third.

Gallup responded again by bringing the ball inbounds quickly and Antonio scoring a fastbreak layup off an assist from Jones to give the Bengals a 33-28 lead as the period ended.

Gallup's lead was back at 10 points when Lizer hit another three-pointer to make the score 38-28. Another trey by Lizer had Gallup up by 11 points at 41-30 with 5:55 to go.

Snyder sparked another run for Cibola, hitting back-to-back three-pointers and scoring on an inside shot to cut the Gallup advantage to 41-38 with 3:15 remaining.

Gallup spread out its offense and Cibola resorted to fouling. On one of those fouls, Cibola's Holli Ward bumped the Gallup player, knocking her over halfcourt. Cibola coach Dorame yelled for a backcourt violation to no avail.

"I thought we had a couple of really tough breaks there," Cibola's Dorame said. "I thought they went backcourt a couple of times. Holli (Ward) fouling out really hurt us."

A pair of free throws by Antonio had Gallup back up at 43-38 with 2:15 left. Antonio missed the front end of a one-and-one at the 1:28 mark and Snyder scored on a layup to get the Cougars within 43-40.

Hoskie then hit both free throws for a 45-40 score with 52.7 seconds left before Cibola's Ward made a three-pointer for a 45-43 score with 35 seconds still on the clock.

But Gallup broke free for another fastbreak layup, this coming from Sunny St. Clair, who was fouled on the play. St. Clair made the ensuing free throw to put Gallup up 48-43.

When Dragmeister missed her three-point attempt and Antonio made 1-of-2 free throws with 10.9 seconds left, the Bengals could enjoy their victory.

"We got close," Cibola's Dorame said. "We didn't have any breaks coming down the stretch. You have to those guys (Gallup) credit. They hit their free throws."

Lizer led the Bengals with her five three-pointers for 15 points. Antonio followed with nine points and Kinlicheeney finished with seven.

For Cibola, Snyder led the way with 22 points, while Ward tallied 10 and Dragmeister had nine.

Gallup now prepares for its home matchup on Saturday night against the Rio Grande Ravens. Game time is slated for 7 p.m.

"We can't relax," Lomasney said. "We're on top right now but we could be 6-4 if we relax. I don't think these kids are going to do that. They're doing things right, getting better and that's what it takes."

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NTUA: Tribe's utility rates not up, just taxes

Larry Di Giovanni
Staff Writer

FORT DEFIANCE — This month, Navajo Tribal Utility Authority customers will begin to notice that their recent bills have increased slightly from the same time a year ago.

The reason, NTUA spokeswoman Denise Becenti wants to emphasize, is not due to an NTUA rate increase on the utilities it provides Diné customers across the Navajo Nation: electricity, natural gas, water and waste water services. Rather, as mandated by a law enacted by the Navajo Nation Council, NTUA started Jan. 1 adding part of the tribal sales tax to all of its utility bills...

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Medical marijuana bills clear committee


SANTA FE (AP) — A bill legalizing the medical use of marijuana — named after the man who first brought the issue to the Capitol 25 years ago — cleared a House committee on Thursday.

Lynn Pierson "was a walking skeleton" when he lobbied lawmakers, a Vietnam veteran dying of lung cancer who could keep food down only with the help of marijuana, recalled former House Majority Leader David Salman...

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Navajo AG wants to work out tax question

The Navajo Nation's attorney general said Friday he'd like to work out the tax dispute between the tribe and the state of New Mexico.

New Mexico Attorney General Patricia Madrid issued a legal opinion recently, saying tribes in New Mexico cannot tax contractors working for the state on tribal land...

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Deaths

Leonard S. Carabajal

GALLUP — Services for Leonard Carabajal, 42, will be held at 10 a.m., Saturday, Feb. 8 at St. Francis of Assisi Catholic Church. Father Diego Mazon will officiate. Burial will follow at Sunset Memorial Park.

A rosary will be recited at 7 p.m., today at Rollie Mortuary.

Carabajal died Feb. 3 in Gallup. He was born April 12, 1960 in Gallup.

Survivors include his son, Mark Carabajal of Las Vegas, Nev.; parents, Christine Carabajal and Fred Diaz Sr. both of Gallup;
brothers, Bill Padilla of Tucson, Ariz., Theodore Saucedo III, Kenny Carabajal Sr., Chris Diaz and Fredelino Diaz Jr. all of
Gallup; sisters, Esther Evans of Tucson, Diane Suzuki of Oceanside, Calif., Janice Diaz and Sharon Diaz both of Gallup.

Carabajal was preceded in death by his grandparents, Esther Cabrera, Fred Carabajal, Lola Diaz and Martine Diaz.

Pallbearers will be Ignacio Carabajal, Kenny Carbajal Jr., Leonardo Cisneros Jr., Bill Padilla, Christopher Saucedo and Levi
Saucedo.

Rollie Mortuary is in charge of arrangements.

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