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Van Horn Advocate |


August 14, 1997

City council approves alcohol sales on Eddy St.

Staff Writer
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PECOS, August 14, 1997 - After a public hearing on the matter, Town of
Pecos City councilmen today approved a request for a change in zoning
from C-1 to C-2 that could allow the sale of beer and wine for
off-premises consumption in the area on S. Eddy St. known as the Parker
Heights Addition.

Council members approved the zoning change in a 3-1 vote, with
councilman Ricky Herrera making the motion to approve the change and
council members Gerald Tellez and Johnny Terrazas agreeing with him.
Councilman Randy Graham voted against the change. Danny Rodriguez,
mayor-pro-tem, was absent for the regular meeting.

The council heard the first reading of the new ordinance making the
zoning change after the public hearing. There will be two more readings
of the ordinance before it can be enacted.

A public hearing kicked off discussion on whether or not the council
should approve the change with several members of the community making
their opinions heard.

Dan's Music and Video owner, Ronny Daniel, spoke up against the change,
stating that "it would hurt a lot of businesses if you do allow beer
sales in that area. They are doing it solely for their own personal
reasons and not for the better of the community."

Rev. James Sain also requested that the change be denied saying he
already sees a lot of drunk driving and the damage it can cause.

"We continually have to clean up after the beer drinkers who leave their
trash in our parking lot," he said.

Rev. Sain is the pastor of West Park Baptist Church, located down the
street from La Tienda.

La Tienda has proposed to sell beer and wine if the zoning is changed.

"Anything we can do to keep beer and wine off the streets will only help
the community," Sain said.

Sain told the group that he often has to run off partiers from the
church lot and clean up after them the following day.

Bill Fenn, owner of La Tienda, explained that, for those who don't want
to be around beer and wine sales, another store in town, just down the
street from La Tienda, will offer good grocery prices without beer and
wine sales.

"They can shop at the other store which is just down the street," he

Fenn stated that "we live in America where free trade and competition
are encouraged. That's what America is all about.

"We're always trying to help the city of Pecos in different ways," Fenn
said. "We've been asked to donate a building for a day-care and we
probably will," he said.

The Planning and Zoning Commission had approved the change in a meeting
held last month. A C-2 zoning could allow the sale of liquor and
consumption of beer on the premises in a beer parlor. However, the
motion approved by the commission allowed only the sale of beer and wine
to go and excluded the sale of liquor or consumption on the premises.

The request for the zoning change was made by W.J. Investment Company
and Harris Properties.

Another representative from La Tienda stated that a number of safeguards
will be implemented and that stores in other sectors of the city offer
beer and wine with no problems.

"We haven't seen a number of increase in DWI's, no problems in church
parking lots and no increase in problems otherwise," he said.

The change in zoning just offers the Pecos facility an opportunity to
compete with the other stores located outside of Pecos, according to La
Tienda representative.

"People want to shop where they can get everything at once," he said.

Fenn stated that people who purchase beer at a grocery store were
unlikely to stop off at a beer party in a parking lot or elsewhere, but
would go straight home instead.

"And this would also get a lot of individuals off the street, the mom
gets the groceries and the beer for dad, and he doesn't have to drive
anywhere," said Fenn.

Gary Thomasson with Harris properties stated that his group had no
interest in beer sales. His group is interested in bringing
amusement-type businesses such as skating, bowling, or laser tag to the
Parker Heights Addition.

Each council member stated their opinion before rendering a decision.

Councilman Herrera said, "Either way we vote, someone will be upset.

"I've talked to a lot of people about this, I've done my homework. What
we got here is a double standard, where we've told some businesses they
can operate a certain way and then tied the hands of others trying to
operate," he said.

"These people are trying to bring industry into the community and we
need to create an environment that will be conducive to changes and
benefit the community."

Herrera went on to say that he thinks it's time the community accepts
changes and that the community will only benefit from these changes.

Herrera also spoke to several youngsters who told him the change would
not influence them in any way.

Council member Tellez told the group that those applying for the zoning
change had followed the proper channels.

"The problem with drugs and alcohol abuse should be left up to the
parents, preachers and leaders and we need to set an example," Tellez
said. "I believe in the American free enterprise system and it's not up
to us to judge," he said.

The alcohol/drug problem should be treated on another level, according
to Tellez.

Tellez said that he had spoken to one couple who pointed out to him that
if their teenager went to the store to buy beer and cigarettes he would
immediately be carded, but if he wanted any type of drugs all he had to
do was go around the corner to the nearest drug dealer.

"He's certainly not going to care about carding the teenage," said
Tellez. "We have bigger fish to fry, than to worry about a zone change,"
he said.

Councilman Graham voted against the change and said, "I think the
country is built on morals and values, I make 99 percent of my decisions
based on this.

"If we agree with this we're telling our kids to go ahead and drink
beer. And this decision won't help our economy.

"We're not restricting these individuals at all, if we refuse to grant
the change, there's other places they can go to where they can sell
beer, where its a C-2 zone already," he said.

Town of Pecos City Mayor Dot Stafford stated that morally she thinks its
wrong and the lack of beer sales at the store won't hinder the economy.
"I don't think it will be beneficial at all," she said.

3,000 students arrive for first day of school

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PECOS, August 14, 1997 - Administrators expected about 3,000 students
for the first day of school in the Pecos-Barstow-Toyah district. Exactly
how many students have enrolled will not be known until later this
afternoon after all registration data has been gathered.

All students are being given a little extra time to get used to new
rules and dress codes this year.

At Pecos High School, Principal Danny Rodriguez said that there have not
been any problems with the new dress code so far.

"We want to make sure that everybody knows what the rules are before we
start implementing them," he said.

The dress code was being explained to students today, so that everybody
has a chance to get an understanding of what is expected of them before they risk being charged with violations, Rodriguez explained.

Bunton rejects drug case motions

Staff Writer
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PECOS, August 14, 1997 - Senior Judge Lucius Bunton on Tuesday rejected
a government motion to dismiss charges against one of four men charged
with possessing with intent to distribute marijuana.

Alex Monty Dawson III had earlier testified that he did not know that a
trip to Big Bend National Park was for the purpose of hauling marijuana.
He was allowed to take a polygraph test to determine whether that
statement was true.

Results of the polygraph test were inconclusive, so Judge Bunton denied
the motion to dismiss and placed Dawson on five years probation, plus a
fine of $1,500. Three counts of the four-count indictment were
dismissed. His co-defendants were sentenced last month.

Jimmy Dee Potter, 47, of Palestine, was sentenced to 41 months in prison
plus three years supervised release for possession of a firearm by a
felon. Potter is one of seven men arrested at the Flying J Travel Plaza
during the Republic of Texas standoff near Fort Davis.

Ricardo Burciaga-Jimenez entered a conditional plea of guilty to
possession with intent to distribute 177.88 pounds of marijuana after
Judge Bunton denied a motion to suppress evidence.

Judge Bunton allowed the conditional plea because there is a legal
question regarding the stop that must be resolved.

Dannie Yevette Mendias pleaded guilty to importing marijuana on June 13.

Marilyn Jean Ingram and Lorenzo Glenn DeLao each pleaded guilty to one
count of a four-count indictment alleging importation and possession
with intent to distribute a controlled substance.

Also pleading guilty were Janet Fay Salvato, 44, of Kansas City, Mo., and Terrell Adams.

Justice Department hindering
inquires into border shooting

Associated Press Writer
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WASHINGTON (AP) August 14, 1997 - The chairman of the House immigration
subcommittee says the Justice Department is stonewalling an inquiry into
the killing of a West Texas teen-ager by a military team assisting the
Border Patrol.

In a strongly worded letter Wednesday to Attorney General Janet Reno,
Rep. Lamar Smith said he and his investigators were thwarted in their
bid to uncover Border Patrol lapses in the May 20 shooting death of
18-year-old Esequiel Hernandez Jr.

"For two months, my congressional oversight has been obstructed by a
never-ending series of useless referrals, unreturned phone calls and
broken promises," the San Antonio Republican wrote. "Indeed, the level
of stonewalling from within the Justice Department has been egregious on
the staff level."

The Justice Department offered no comment. Nor did the Immigration and
Naturalization Service, which is the Border Patrol's parent agency.

Smith, who will hold a hearing next month to investigate the Hernandez
shooting, warned that he will use "more formal methods of congressional
investigation" if Justice doesn't meet his demands. While the panel can
issue subpoenas, Smith spokesman Allen Kay said his boss hasn't
specified what procedures he might use to obtain information not
volunteered by Justice.

Smith's complaint came the day before a grand jury was to convene a
second time in Marfa to consider whether the Marine corporal who shot
Hernandez should be prosecuted.

Hernandez, who was armed with a .22-caliber rifle, was shot as he tended
his goat herd near his family's home. The military says Hernandez was
shot only after he fired on the soldiers. His family and others contend
the youth, who sometimes used the rifle for target practice, may not
have known he was firing at the Marines, who were in full camouflage.

While the death has called into question the Pentagon's role in
anti-drug operations along the Southwest border, Smith said the Defense
Department had been "extremely responsive" to his questions - a "marked
contrast to the evasion practiced by the Department of Justice," he
wrote Reno.

Military operations along the border have been suspended pending review
of the shooting.

The Border Patrol did provide two briefings to Smith and his staff. But
Smith termed them vague and incomplete. Among the questions that remain
unanswered, he said, are:

-Why the Marines on surveillance in the Redford area - who were normally
based in California - weren't briefed by the Border Patrol before their
mission. In particular, Smith asked why they weren't told of a February
incident where Hernandez reportedly fired his rifle while Border Patrol
agents were nearby. The agents didn't report the incident until after
Herdandez's death.

-Why it took 38 minutes for the first Border Patrol agent to arrive on
the scene after the Marines first reported shots being fired, when the
agency's policy requires a 15-minute response time.

-Why it took so long for medical help to reach the scene. The Texas
Rangers, who are investigating the shooting, said no one called for aid
until 22 minutes after the shooting even though the injured youth was
still moving.

"That these threshold questions still remain outstanding, almost three
months after Mr. Hernandez's death, reflects poorly on the Justice Department's candor and responsiveness," Smith said. |

Third option offered to many telephone users

Associated Press Writer
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AUSTIN (AP) August 14, 1997 - Nearly 2 million Texans now have a third
option in choosing telephone service providers.

The Texas Public Utility Commission on Wednesday said 1.9 million Texans
who have local phone service through GTE, Sprint-United and
Sprint-Centel now are able to choose a separate company to handle their
"local-long distance" calls.

Such calls often are made within a caller's area code or within one's
general geographic area. They are too close to be long distance, but too
far to be free, local calls.

Until recently, the local phone company automatically carried such
"local toll" calls. Under a 1996 federal law, that service now is open
to competition.

Dialing "1+" sends the calls through local phone companies, which
generally charge more for such calls. Dialing "1+" an access code would
send the call through a local-toll company, which could result in lower

The federal law and a 1995 state law also opened the local calling
market to competition. That means customers can choose up to three
different phone companies for the three services: local, local-toll and
long distance.

Such choices could eventually force competitors to introduce new
technology and lower prices, phone regulators say.

Local phone service customers of Southwestern Bell, which covers most of
Texas, won't get the local-toll option until SWB is allowed in the long
distance market. That won't happen until phone regulators determine that
SWB faces "true" competition for local phone customers.

Already many companies are competing with Bell in its local market. But
those companies are buying Bell's service, repackaging it and selling it
to their customers under different names.

State and federal phone regulators have defined "true" competition as a separate company that sells its own service.

96-97 Balmorhea honor students list released

Staff Writer
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BALMORHEA, August 14, 1997 -Better late than never, as the saying goes,
the Pecos Enterprise has received the list of Balmorhea students who
were awarded for their accomplishments during the 1996-97 school year at
the junior and senior high levels.

Awardees in Language arts, which includes English as a Second Language
and Reading are: Outstanding Senior throughout their High School Career
- Ryan Stieg; Outstanding Student of the Year (High School) - Damon
Mellard; Highest GPA during the year (High School) - Rachel Carrasco;
Outstanding Student of the Year (Junior High) - Isaiah Rodriguez.

Math award winners were: Outstanding Senior throughout their High School
Career - Scott Clark; Outstanding Student of the year (High School) -
Stephanie Dominguez; Highest GPA during the year (High School) - Nathian
Rodriguez; Outstanding Student of the Year (Junior High) - Nicole Haynes.

Those students being recognized for their achievement in Science are:
Outstanding Senior throughout their High School Career - Ryan Stieg;
Outstanding Student of the Year (High School) - Kevin Castillo; Highest
GPA during the year (High School) - Nathian Rodriguez; Outstanding
Student of the Year (Junior High) - Nicole Haynes.

Students honored for their accomplishments in Social Studies are:
Outstanding Senior throughout their High School Career - Ryan Steig;
Outstanding Student of the Year (High School) - Rachel Carrasco; Highest
GPA during the Year (High School) - Nathian Rodriguez Outstanding
Student of the year (Junior High) - Nicole Haynes.

Balmorhea students who received awards in the category of Fine Arts
were: Outstanding Senior in Theater Arts - Celia Rodriguez; Outstanding
Actress - Rebecca Orozco Outstanding Actor - Gerald Scripps Outstanding
Student in Music (High School) - Rachel Carrasco; Outstanding Student in
Music (Junior High) - Doane Tarin and Sarah Keeper.

Foreign Language students who received recognition were: Outstanding
Student throughout their High School Career - Ryan Steig; Outstanding
Student of the Year (High School) - Amparo Balderas; Highest GPA during
the Year (High School) - Rebecca Orozco; Outstanding Student of the Year
(Junior High) - Nicole Haynes.

Students who were honored for their achievement in Business classes are:
Outstanding Senior throughout their High School Career - Maria Avalos;
Outstanding Student of the Year (High School) - James Ward; Highest GPA
during the Year (High School) - Kevin Castillo; Outstanding Student of
the Year (Junior High) - Arturo Rodriguez and Isaiah Rodriguez.

Nicole Haynes received the Outstanding Student in Computer Literacy

Home Economics honorees were: Outstanding Senior throughout their High
School Career - Maria Avalos; Outstanding Student of the Year (High
School) - Scott Clark; Highest GPA during this year (High School) -
Rosario Arredondo; Outstanding Student of the Year (Junior High) -
Michelle Barrandey.

Balmorhea Vocational Agriculture students who received recognition were:
Outstanding Senior throughout their High School Career - Scott Clark;
Outstanding Student of the Year (High School) - Damon Mellard; Highest
GPA during the Year (High School) - Scott Clark, Damon Mellard and Ryan

Nicole Haynes received an "A" Honor Roll award, while several students
received "A-B" Honor Roll awards. They were Richard Galindo, Liberty
Woffordd, Amparo Balderas, Amanda Lozano, James Ward, Efrian Rodriguez,
Sarah Keeper, Rachel Carrasco, Kevin Castillo, Scott Clark, Isaiah
Rodriguez, Doane Tarin, Rosario Arredondo, Gerald Scripps and Ryan Stieg.

Rosario Arredondo, Maria Balderas, Stephanie Dominguez, Amanda Lozano,
Donnie Moore, Rebecca Orozco, Nathian Rodriguez, Travis Woodruff,
Melchor Avalos, Patrick Craven, Amy Garcia, Amanda Mendoza, Samantha
Natividad, Jessica Portillo and Lizbeth Serrano all received a TAAS
Mastery Award.

TAAS Academic Recognition was given in three areas. Receiving the
recognition for writing was Donnie Moore, reading recognition went to
Roger Lopez, Donnie Moore and Nathian Rodriguez, and math recognition
went to Nathian Rodriguez.

Donnie Moore and Nathian Rodriguez both received TASP exemption.

Balmorhea students were also recognized for being outstanding achievers
in the area of extra-curricular activities.

Students recognized in the UIL One Act Play category were: Scott Clark,
Naomi Madrid, Nathian Rodriguez, Nelda Mondragon, Heather Huelster,
Gerald Scripps, Rebecca Orozco, Celia Rodriguez, Zane Rhyne, Cherry
Garcia and Ryan Steig.

UIL Literary Awards also went to: Seventh Grade Calculator - Fourth
place, Efrain Rodriguez; sixth place, Isaiah Rodriguez; Seventh Grade
Maps, Graphs & Charts - Adriel Roman, sixth place; Seventh Grade Number
Sense - Arturo Rodriguez, third place; Eighth Grade Maps, Graphs &
Charts - Second place, Nicole Haynes; third place, Jennifer Ward; Eighth
Grade Number Sense - Jennifer Ward, sixth place; Eighth Grade Ready
Writing - Nicole Haynes, sixth place; Eighth Grade Science - Chris
Barragan, third place; Eighth Grade Spelling - Chris Barragan, sixth

James Ward was named Member of the Year by the Business Professionals of
America club.

Marine Corp Awards were given in three different area. Naomi Mendoza
received the Music Award; Scott Clark and Amanda Lozano each received an
Athlete Award; and Ryan Steig was given the Scholar Award.
Stephanie Dominguez received the Hugh O'Brian Youth Leadership Award.


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PECOS, August 14, 1997 - EDITOR'S NOTE: Information contained in the
Police Report is obtained from reports filed by the Pecos Police
Department, Reeves County Sheriff's Office, Texas Department of Public
Safety, or other officers of those agencies.

The serving of warrants by an officer for outstanding fines of either
traffic citations, animal control violations or other court costs are
considered arrests and will be printed as such unless indicated that the
fines were paid. In such instances we will indicate payment and release.


Jesus Duran Lopez of Balmorhea was arrested July 20 at 10:27 p.m. on a
warrant service.


Gabriel Castillo Candia, 23, 2309 Barilla Road, was arrested July 26 at
5:30 p.m. at his residence under the Family Violence Act.


Julian Olivas, 2205 Barilla road, was arrested at 7:15 p.m. on July 29
on a capias pro fine warrant service at his residence. He paid the fine
and was released.


On August 2 at about 1 a.m., Walter Lloyd Stevens was arrested for
public intoxication at the North Side Park on Highway 285 North.


On August 3 at 9:10 p.m., Ana Barreno was arrested on a warrant service
during a traffic stop on Highway 17 in Balmorhea.


Javier Hernandez was arrested on August 4 on the 200 block of Cypress on
a warrant service.


Gary Herrera, 21, 2212 Country Club, was arrested August 5 for assault
causing bodily injury. He posted $2,500 bail.


Gerald Saenz was arrested at 12:50 a.m. on August 6 on the 800 block of
Palmer on several capias pro fine warrants.


On August 6 at approximately 9:25 a.m., a gray 1987 Chevrolet sedan was
taken without consent of the owner from a residence on Martinez St.
between 10:30 a.m. on August 5 and 7 a.m. on August 6.


On August 7 at about 3:40 p.m. it was reported that a residence on S.
Houston in Balmorhea had been broken into the night before and several
items were taken.


Edmundo L. Gabaldon was arrested at 11:42 p.m. on August 7 on S. Park
under the Family Violence Act. He posted a $500 bond.


On August 8 at approximately 7:30 p.m., an incidence of shoplifting was
reported at the Toyah Texaco on Interstate 20.


Jose Angel Dominguez, 29, of Odessa, was arrested at 1 p.m. on August 8
for driving while license suspended, a Class B misdemeanor, during a
traffic stop on Interstate 20 one mile west of Highway 17.


Estella Ramirez was arrested for public intoxication on the 7000 block
of Arlington at 3:20 a.m. on August 8.


Irma Martha Benavides was arrested at 6:28 p.m. on August 8 during a
traffic stop on Cedar St. for outstanding DPS warrants. She paid the
fine and was released.


At 9:01 p.m. on August 8, police were contacted in reference to an
ostrich getting its beak stuck in the fence at the zoo. The call was
referred to the Animal Control Officer.


Guadalupe Rodriguez was arrested at 9:02 p.m. on August 8 during a
traffic stop on outstanding capias pro fine warrants.


Carlos a. Barron was arrested at 1:58 a.m. on August 9 at Motel 6 for
possession of marijuana under two ounces. He posted a $1,000 bond.


Jadson Ephriam was arrested at 5:59 p.m. on August 9 at 3rd and Oleander
on a warrant for assault. He posted a $500 bond.


Alvaro N. Adame was arrested at 7:43 p.m. on August 10 at Toliver and
Kerr on a warrant for criminal mischief over $50/under $500. He posted a
$500 bond.


Albert Prieto was arrested at 1:48 a.m. on August 10 at 600 S. Mesquite
for public intoxication.


Tony Rodriguez was arrested at 1:54 a.m. on August 10 on a warrant for
possession of marijuana.


Raul Barrera was arrested at 4:09 a.m. on August 10 on a warrant for
criminal trespass.


Robert Minjarez was arrested at 1:28 p.m. on August 10 at the Town &
Country convenience store at 3rd and Eddy for criminal trespass. A $500
bond was set.


Rosaelba F. Moreno was arrested at 9:53 p.m. on August 11 on a warrant from Ector County. A $1,000 cash bond was set.


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PECOS, August 14, 1997 - High Wednesday, 94, low this morning, 69.
Residents of West Texas awoke to showers and thunderstorms today, and
the National Weather Service said much of the state could experience
some precipitation. Scattered showers and thunderstorms were occurring
from the Abilene area west and north through the South Plains, southern
New Mexico and far West Texas. Skies were clear in most of the
Panhandle, the Permian Basin, the Concho Valley and the Trans-Pecos.
Elsewhere, skies were mostly cloudy. Temperatures overnight ranged from
63 at Dalhart and Marfa to 79 at San Angelo, Abilene and Sanderson and
85 at Del Rio. Winds varied from 5 to 15 mph in most areas, with
stronger and gusty conditions in the vicinity of the showers and
thunderstorms. The weather service said showers and thunderstorms are
possible for most area through Friday. Remnants of a weak stationary
front extended along a line from Texarkana to Wichita Falls, Abilene and

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Pecos Enterprise
Mac McKinnon, Publisher
Division of Buckner News Alliance, Inc.
324 S. Cedar St., Pecos, TX 79772
Phone 915-445-5475, FAX 915-445-4321
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Copyright 1997 by Pecos Enterprise
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