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TOP STORIESMarch 5, 1998Questions linger in border shooting caseBy GREG HARMAN Staff Writer PECOS, March 5, 1998 - Although the U.S. Department of Justice recently dropped criminal charges and closed a federal civil rights investigation into the fatal shooting of 18-year-old Esequiel Hernandez Jr., not everyone is satisfied with the findings. U.S. Marine Cpl. Clemente Banuelos shot the Redford, Tx. high school sophomore May 20,1997, while the marine was on a federal drug interdiction operation and Hernandez was tending his family's goat herd. According to officials at the justice department, there was "insufficient evidence" to prosecute Banuelos under federal criminal civil rights law. The federal investigation followed a grand jury trial held last August in Marfa in which the jurors decided not to bring criminal charges against Banuelos in the affair. In a public statement released Feb. 27, justice department officials said that "the department concluded that there was insufficient evidence to rebut Corporal Banuelos' claim that he shot Mr. Hernandez because he thought that Mr. Hernandez was about to shoot another Marine." Military officials said that Hernandez fired twice at the Marines with an ancient .22-caliber rifle and was poised for a third shot when Banuelos shot and killed the goat-herd. However, civil charges which seek compensation for the Hernandez family out of the tragedy are still pending and U.S. Congressman Lamar Smith has initiated a new inquiry into the matter. Many questions, apparently, have been left unanswered despite the justice department's shut-down of the investigation. Smith, who represents District 21 and is chairman of the House Immigration Subcommittee, said in a public statement Feb. 26 that the Hernandez shooting was "a death that did not have to happen and raises serious questions about training and supervision by the Border Patrol." Smith first began criticizing the justice department's handling of the case in August 1997 when he sent a five-page letter to Attorney General Janet Reno complaining of the lack of cooperation from her department. Information that had been requested early in the investigation was never provided, said Smith's spokesman Allen Kay. Smith, who conducted a series of interviews after the shooting, meeting with representatives of the U.S. Border Patrol, military and the Attorney General herself, has come to believe that the U.S. Border Patrol did not provide adequate training and preparation for members of the U.S. Marine Corp, said Kay. Information that has been re-requested from the justice department by Smith's office includes: Why were the Marines not provided with information about an earlier shooting involving Hernandez, who in February fired on military personnel he believed were out to hurt his sheep? Why did it take the U.S. Border Patrol 38 minutes to respond to a call from the marines when their own response time is a required 15 minutes? And why did it take 22 minutes for the marines to call for medical assistance after Hernandez was shot? "The Congressman's point is that the Hernandez family has a right to know how Esequiel was shot and killed," said Kay, "the people of Redford have a right to know and the people of Texas have a right to know." Even though U.S. Department of Justice spokeswoman Carole Florman told a reporter with the Houston Chronicle in August 1997 that department officials would "read Congressman Smith's letter and work with him to provide the best information we can," Kay said that the requested information is yet to be delivered. The spokesman complained that after "nine-months and a series of investigations" the tragic events that led to the death of Hernandez are still not known by the family or the community. "What we're talking about here is the death of an American citizen," said Kay. "There has already been too much delay." Kay said that when Congressman Smith feels he has the information he needs then he will move forward with a new set of hearings. Meanwhile in Pecos, attorney Bill Weinacht, who represents the Hernandez family, said he had serious problems with the official version of the event -stressing that the matter is still under investigation. "Isn't it strange that they need all sorts of scoping meetings to inform the public when they are going to be flying low-altitude training flights here, but to station four marines in camouflage outside your house they don't need to do anything?" asked the agitated Weinacht. Weinacht continued to say that the U.S. Marines, the U.S. Border Patrol and the federal government were all "one." Implying that it should have come as no surprise when the U.S. Department of Justice found no "criminal conduct" on the part of the marines. "The Attorney General has an inherent conflict of interest," said Weinacht. "I recently spoke to the prosecutor, Barry Kawolski, and he agreed that Esequiel Hernandez Jr. was a good boy. That is what we don't understand. How, in America, can a good boy be shot down a few hundred yards from his house by Marines in full camouflage carrying M-16s, who say they are acting under the "rules of engagement" in what they refer to as a "war zone"? Presidio District Attorney Albert Valadez, who conducted the state grand jury proceedings which concluded last summer, said that he understood the U.S. Attorney's office had filed for a release of the federal grand jury minutes at the federal courthouse in Pecos. "If the court authorizes the release of that information I will review it," said Valadez. If new evidence is found there which necessitates a new investigation, he said, one would be reopened. Whether or not any of the soldiers would be court marshaled over the event he refused to speculate on, but said only that a military investigation into the matter is ongoing. Optimistic on the outcome of a civil trial, attorney Weinacht said, "We feel that when the facts come to light everyone will see they are in our favor." Texas Rangers who investigated the scene found that physical evidence there, as well as the autopsy results, contradicted the testimony of the four marines. Specifically, the angle of the entry wound compared with the marine's testimony regarding Hernandez' position at the time of the shooting did not seem to match. Texas Rangers Captain Barry Carver said that while the information and attributions contained in these previous news articles were factually correct, he had been asked by Texas Department of Public Safety officials not to comment any further on his findings associated with the case. As to the future of investigations and a pending civil trial, Carver said, "A long time ago I learned to never second guess the juries. You never know what they are going to do." Lt. Col. Scott Campbell, spokesman for the U.S. Marine Corp at U.S. Marine Corp Headquarters in Washington, D.C., said that while a military investigation is ongoing he expected it to be concluded "in the near future." Mayor has heart surgeryPECOS, March 5, 1998 - Pecos Mayor Dot Stafford underwent heart surgery yesterday morning at Medical Center Hospital in Odessa. Pecos City Manager Kenneth Neal said that according to Stafford's husband, Joe Stafford, she may be released from the hospital as soon as tomorrow. "Our prayers are with her," said Neal. Stafford, who filed to seek the Mayoral seat for another term on Feb. 27 is currently listed in "good" condition at Medical Center Hospital in Odessa. Early voting ends FridayBy ROSIE FLORES Staff Writer PECOS, March 5, 1998 - Reeves County voters have until tomorrow at 5 p.m. to cast early votes at the county court house in the March Democratic Primary Elections. The election is set for Tuesday, March 10, at various polling locations. As of Wednesday evening, 1,800 individuals had voted early. Out of those, 1,470 voted by personal appearance with 331 mail-in ballots. "We've been averaging over 100 voters each day, which is really great," said early voting clerk Debbie Thomas. Thomas stated that 138 people voted by personal appearance Wednesday. March 10 polling places will be box 1, located at the Pecos Community Center, 505 South Willow; box 2 will be at the Pecos Elementary School, 901 S. Willow; box 3, Pecos High School Gym, 1300 Iowa Street; box 4, Toyah City Hall in Toyah; box 5, Senior Citizen Hall in Balmorhea; box 6, Saragosa Multi-Purpose Center in Saragosa; box 7, Reeves County Library, 505 S. Park; box 8, Lamar Elementary School, Room #1, corner of Oak and "F" streets; box 9, Orla Red Bluff Office in Orla; box 10, Reeves County Annex/N. Side, 700 Daggett Street; box 11, Bessie Haynes Elementary School, 800 E. 11th Street and box 12, Texas-New Mexico Power Co., 1126 Stafford Blvd. Those voting in Precinct 1 will vote at boxes 2 & 11; Precinct 2, will vote at boxes 3, 4, and 12; Precinct 3, will cast their ballots at boxes, 5, 6 and 10 and Precinct 4, at boxes 1, 7, 8 and 9. Candidates line up for May electionBy ROSIE FLORES Staff Writer PECOS, March 5, 1998 - Town of Pecos City Mayor Dot Stafford has filed for re-election in the city elections scheduled for May. Stafford joins incumbents Ricky Herrera and Danny Rodriguez in seeking another term on the council. Herrera and Rodriguez are seeking at-large positions. Elections will be held for seats on the Town of Pecos City Council as well as for council seats in Balmorhea, Barstow and Toyah. Pecos-Barstow-Toyah and Balmorhea school board filings also started yesterday, as do those for the Reeves County Hospital District board of directors. In the Pecos-Barstow-ISD race, positions up for election include three full-year terms currently held by Linda Gholson, Earl Bates and Frank Perea. Louis Matta has thrown his hat in the ring in his quest for a position on the board. The hospital board seats will be open for Districts 1 and 3, along with the at-large seat for which all Reeves County voters are eligible to cast ballots. These positins are currently held by, respectively, Chel Flores, Jesus Prieto and Greg Luna. The last day to file to run in the May elections will be March 18, at 5 p.m. In Balmorhea, school positions up will be those currently held by Paul Ward and Armando Mondragon. In the city elections, positions available will be those of mayor, a position held by Ismael Rodriguez and two council positions, held by Rosendo Carrasco and Rosendo Galindo. In Toyah, positions open are those of the mayor, a position unoccupied at this time and council positions, held by Howard Dennett and Linda Compton. Supervisor and safety course conducted todayBy GREG HARMAN Staff Writer PECOS, March 5, 1998 - Texas Municipal League and the Safety Department of Pecos City conducted a "Supervisors and Safety" course from 8 a.m. to noon today at the Pecos Community Center for 50 interested municipal employees. Armando Gil, coordinator for the Safety Department of Pecos City said that the training was for all public works employees, police and fire employees and office staff concerning safety procedures in the day-to-day operations of municipal works. A wide geographical range was represented by the attendants of the four-hour course, including workers from Andrews, Kermit, Monahans, Grand Falls, Wink and Pecos. There was even one participant from as far away as Coahoma. "Midland had a real good turn-out," said Gil. According to Guss Campbell, Texas Municipal League (TML) loss prevention representative, TML has approximately 1,600 members, including various cities, housing authorities and municipal water districts. TML representative, Arlin Jones, instructed today's safety course. Topics covered in the class included accident investigation, hazard reporting, loss reporting, vicarious liability and responsibility. Justice handed out swiftly in federal courtBy PEGGY McCRACKEN Staff Writer PECOS, March 5, 1998 - Federal court jurors this week took a clue from Senior Judge Lucius Bunton and wasted no time finding three defendants guilty of smuggling drugs. Wednesday's 33-minute deliberation before finding Arturo Saenz, 26, of 911 E. Fourth St., guilty of possession with intent to distribute 593 pounds of marijuana was the longest of the week. In the first trial Tuesday morning, the jury spent only seven minutes deciding Marcelina Gonzales de Orona, 53, of Midland, was guilty of inporting and possessing 43.2 pounds of marijuana for distribution on Dec. 11, 1997. Then after lunch another jury heard Aida Dominguez, 30, of Hobbs, N.M. admit she lied time after time following her arrest at the Presidio Port of Entry on Dec. 19, 1997. They deliberated 25 minutes, finding her guilty of importing and possessing with intent to distribute 153.8 pounds of marijuana. Customs officers testified they found the marijuana inside the gas tank of Dominguez's 1988 Chevrolet pickup. The container left room for only 6-8 gallons of gasoline, said Customs agent Frank Noble, who questioned Dominguez closely about her claim she drove the 300 miles from Hobbs to Ojinaga, Mex., without stopping for gasoline. Judge Bunton took even less time Wednesday finding a Dallas man guilty of marijuana smuggling and acquitting his wife. Obed Verastegui, 30, and Sofia Verastegui, 35, were arrested Nov. 12, 1997 when they entered the Presidio Port of Entry with marijuana in their vehicle. Sofia denied knowledge of the contraband, and her husband backed her up. In a letter read to the court by interpreter Celia Nazaroff, Verastegui apologized to his wife for not telling her he planned to smuggle marijuana from Mexico when they went to Ojinaga to visit his brother. Crockett Middle School history students who watched part of the trial giggled when Nazaroff read Verastegui's comment that he loves his son and wants more children. "When I get out of jail, we will have to make love all day and all night," he said. Judge Bunton set sentencing for April 27 on each of the cases, including Eddie Quezada Ocon, aka Eddie Saenz, who pleaded guilty Monday to possession with intent to distribute marijuana. Ocon was driving the van in which his brother, Arturo Saenz, was a passenger when it was stopped by U.S. Border Patrol agents south of Alpine Dec. 19, 1997. Defense Attorney Monty Kimball admitted that Saenz knew marijuana was in the van because the odor was so strong. But he claimed Saenz was merely hitching a ride home after his Cadillac broke down between Alpine and Study Butte and had no control over the marijuana. Ocon, who is a Mexican citizen, was in the country illegally at the time of his arrest. His attorney, public defender Kurt Mayer, said he had previously been deported, although he gave his address as 911 E. Fourth St. The Saenz verdict concluded Judge Bunton's docket for the week, which listed 35 felony criminal cases. Unemployment rates continue decreaseBy GREG HARMAN Staff Writer PECOS, March 5, 1998 - The Civilian Labor force in Reeves County decreased between January 1997 and January 1998, according to Texas Workforce Commission figures, but so has the unemployment rate. January 1997 found Reeves County's labor force hovering just under 6,500, at 6,460, at an unemployment rate of 11.1 percent. January this year shows a decline in the total labor force, 6,163, but with 5,597 employed county-wide and a 9.2 percent unemployment rate. In the Town of Pecos City unemployment has declined, in the year-long stretch between January 1997 and January 1998. Despite the declining labor force (from 4,929 in 1997 to 4,825 this year) the unemployment rate in Pecos went from 13.2 percent to 10.5 percent, or from 651 unemployed persons in January 1997 to 507 in January 1998. Meanwhile, Ector, Midland and Ward counties have all seen declines in their unemployment rates, with only Ward County's total labor force declining. In Ector County, the labor force has increased from 60,502 in January 1997 to 62,130 in January of this year, with the unemployment rate dropping from 7.1 to 5.5 percent in the same period. The city of Odessa saw its unemployment rate drop from 7.1 to 5.4 percent. In Midland County, the labor force increased from 59,981 in the first part of 1997 to 62,219 in January 1998, with the unemployment rate declining from 4.4 to 3.5 percent. Midland City also saw its unemployment decrease from 4.4 to 3.5 percent. Ward County, where the civilian labor force decreased from 4,516 to 4,485, also witnessed a decrease in unemployment figures: from 6.9 to 6.1 percent. Monahans saw its unemployment level decrease by a little over a percentage point, from 7.4 to 6.3 percent. Between December of 1997 and January of 1998, in the state as a whole, Texas witnessed a near one point jump in the unemployment rate, from 4.5 to 5.4 percent. But, compared to the January 1997 figure, 5.4 is a drop from the year-ago 6.1 percent unemployment. The lowest unemployment rates in the state may be found in: Bryan/College Station at 2 percent; Austin/San Marcos at 3 percent; San Angelo at 3.3 percent; Dallas at 3.6 percent Fort Worth/Arlington at 3.6 percent; Lubbock at 3.7 percent; and Abilene at 3.8 percent. Odessa/Midland ranks as the eleventh lowest unemployment area at a combined 4.5 percent. WEATHERPECOS, March 5, 1998 - High Wednesday, 82, low this morning, 51. A stationary front cut through southeast Oklahoma into the Wichita Falls area into a surface low in the South Plains, then curved northwest into eastern New Mexico. The dry line extended south out of the surface low into the eastern sections of the Big Bend. Much cooler air was poised over the Panhandle, but struggled to move to the south because of weak upper air support. Temperatures were mild across the state overnight, ranging from 72 at Brownsville and McAllen in the Rio Grande Valley to 27 at Dalhart in the northwest corner of the Panhandle.
Pecos Enterprise
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