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Headline News From March 22, 2002 Issue

Child abuse led to baby’s death, state alleges against young mom

  A young mother of Truth or Consequences is being held without bond in connection with the death of her 10-month-old son.

Lease Lots at Elephant Butte and Caballo Lakes may be privatized. Click on photo to enlarge.

House passes EB lease lot bill 

  The U.S. House of Representatives on Tuesday approved legislation considered critical for the ongoing economic growth of Sierra County, New Mexico.

EB Lake to get new rec facilities with near-$1M federal grant

  Elephant Butte Lake State Park soon will get recreational facilities thanks to a near $1 million Land and Water Conservation Fund (L&WCF) grant awarded through the National Park Service (NPS), U.S. Senator Pete Domenici said Tuesday.

Local man charged with killing agent’s dog,
then threatening the pet’s owners with gun 

  A Truth or Consequences man faces felony charges including two counts of aggravated assault with a deadly weapon and a count of animal cruelty, in addition to a misdemeanor count of negligent use of a firearm, after he allegedly shot a Border Patrol agent’s family’s dog at about 11 a.m. March 11 in the 1200 block of Turtleback Avenue.

Candidates pack races Tuesday

  Candidates on Tuesday declared their intentions to run in the June 4 primary elections for various Sierra County, State of New Mexico and federal offices.

County okays free dump days 

  At the request of the Truth or Consequences/Sierra County Chamber of Commerce, Sierra County Commissioners agreed to waive dump fees at the county’s main landfill three Saturdays in April.

Fire restrictions effective at some NM state parks

  With high winds and dry conditions characterizing the kickoff of the 2002 parks season, New Mexico State Parks Division officials urge visitors to call individual parks to learn about up-to-date fire restrictions.

…Slated for $1M improvements

  Elephant Butte Lake has been awarded a near-$1 million grant to construct new recreational facilities at the park’s South Monticello Recreation Area (shown above with camp fire rocks marking the spot). The funds awarded by the National Park Service will be used to build a new camp ground, boating and support facilities, which will allow the state’s largest lake to expand its tourism base. Click photo to see another shot of the project area.
Photo by Bill Johnson

Child abuse led to baby’s death,

state alleges against young mom

By Bill Johnson of the Desert Journal

A young mother of Truth or Consequences is being held without bond in connection with the death of her 10-month-old son.

Jamie Landers, 24, of 200 Austin Ave., faces prosecution on the first-degree felony charge of child abuse resulting in death in connection with the tragic end of her son’s life.

Jose Chavez is said in the criminal complaint filed Tuesday in magistrate court to have died Sunday as a result of abuse – child endangerment - that began shortly after he was born.

Landers originally was arrested by city police on a third degree child abuse charge but the case was upgraded to first-degree upon the death of her son Jose on March 17 at Providence Hospital in El Paso, TX.

District Judge Ted Kase set no bond for Landers upon her first appearance in court Tuesday on the amended criminal complaint.

The magistrate court set her preliminary examination for 3:30 p.m. Wednesday, March 27. The court at that hearing will determine whether there is probable cause to bind the case over to district court for trial.

The initial case against Landers began Feb. 27 when city police were dispatched to a “medical assist” at her home where Jose lay in critical condition with a 105-degree temperature suffering with pneumonia and a febrile illness, said Detective Ron Huff in the affidavit for amended arrest warrant.

After being taken to Sierra Vista Hospital, Jose on Feb. 27 was flown to the El Paso medical facility. “Dr. Duchen at SVH stated to the officer that the child would have been dead in [about] an hour if he had not received medical attention.”

A nurse at SVH informed Officer Willy Kerin that both she and the paramedics who transported Jose were told that Jose had been ill for two weeks, the affidavit said.

During the execution of a search warrant to obtain evidence of possible child abuse, Det. Huff first noticed a foul odor resembling sour garbage and feces.

“I then found the house to be unclean, with food particles on the floor, a baby’s bottle with curdled milk under the couch, and dirty clothes scattered throughout the house,” Huff said in the affidavit.

The detective also found an unclean kitchen with trash overflowing. “Owing to the protracted illness of Jose, I also checked the residence for appropriate medications for treating infants and found none. However, I did observe what appeared to be burned marijuana roaches, marijuana pipes, and small amounts of marijuana,” Huff said in the affidavit.

During an autopsy conducted by the Office of the Medical Investigator on March 18, Huff said he learned that Jose weighed a mere 5,250 grams at the time of death – which is equivalent to the weight of a two-month-old infant.

“Additionally [Dr. Gail Suzuki of OMI] noted that the child was bow-legged and bow-armed because of a lack of nutrition. The child also had almost no layers of fat, all of which were indicative of a child who is chronically malnourished,” Huff said in the affidavit.

The child’s untrimmed toenails and fingernails were black with dirt; the back of his head had an abrasion; he had an enlarged heart with a faulty blood flow. “[The OMI doctor] stated that if this condition had been diagnosed, it would have been treatable,” Huff said in affidavit, but added that the doctor’s review of birth records obtained from the child’s birthing hospital in Las Cruces indicated a “healthy, normal, full-term baby (upon birth May 18, 2001).”

Dr. Waldman, a pediatric cardiologist, determined after the autopsy of Jose that the child suffered from TAPVC, “a condition that would have been diagnosable within two weeks of the child’s birth and with surgery would have resulted in a 94% to 96% opportunity for a normal life,” according to the detective’s statement.

Huff said he also checked records from local hospitals and clinics in the T or C area to learn the child had never been treated at any time for the TAPVC condition.

“In fact the records indicate that the child was treated for an eye infection once and was immunized once. That is the only treatment that the child received,” the detective said.

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…Slated for privatization

This “lease lot” neighborhood in Hot Springs Landing at Elephant Butte Lake, along with a total of some 400 plus lease lot sites at Elephant Butte and Caballo Lake State Parks, may be made available for sale to their occupants at fair market value if the U.S. Senate passes and President Bush signs the Lease Lot Conveyance Act (H.R. 706) that the U.S. House of Representatives approved this week. Photo by Bill Johnson

House passes EB lease lot bill

Lease Lot Conveyance Act

sent to the Senate for action

WASHINGTON, DC - The U.S. House of Representatives on Tuesday approved legislation considered critical for the ongoing economic growth of Sierra County, New Mexico.

U.S. Representatives Joe Skeen, R-NM, and Tom Udall, D-NM, announced March 19 that the House approved the Lease Lot Conveyance Act of 2001 (H.R. 706) and then transmitted the bill to the Senate for further action.

The legislation seeks to correct a situation that began on Elephant Butte Reservoir in the 1930s. The federal government offered citizens the opportunity to build recreational homes on land leased from the U.S. Bureau of Reclamation.

The covenants in the lease required leaseholders to make substantial investments on the 400 sites released under the program. All leaseholders hoped that one day the government would privatize the land and offer it for sale.

Because that has not occurred, this bill allows current leaseholders the opportunity to purchase the land.

"This legislation is carefully crafted to resolve these issues. We must not lose track of the fact that this really is a story about people, their lives, and the role of the government in settling the west," Skeen said.

"It is time we offer these fine people the opportunity to purchase the land that many have leased for over 60 years. I am pleased that we have gotten this bill through the House," Udall said.

"These homeowners deserve to know that their lease fees will not increase, and deserve to have the safety and security of a permanent home. I am proud to have worked, as a member of the Committee on Resources, to advance this worthy legislation,” Udall said.

“In the event this legislation does not become law this year, I pledge to work with the new Representative of the Second Congressional District of New Mexico next year. The citizens of Sierra County have been well represented by Representative Skeen for the past 22 years," Udall said.

The legislation would transfer title to 403 lakefront sites, alongside the Elephant Butte and Caballo Reservoirs within the Bureau of Reclamation's Rio Grande Project in New Mexico, to the Elephant Butte/Caballo Leaseholders Association.

The leaseholders would pay fair market value based on an appraisal that treats the property as unimproved even though there are houses, roads and sewage systems.

Charles Ward, President of the Elephant Butte/Caballo Leaseholders Association, testified before the Resources Committee last year, "Our hold on the lease lots we call 'home' is tenuous, at best. We are all acutely aware we can be removed at any time due to a clause in our lease agreement, which states if the government determines there is a greater need for these lots, they can give us a 60-day notice and we must return our lease lots to their original condition."

Skeen is the Chairman of the House Subcommittee on Interior Appropriations and Udall is a member of the House Committee on Resources.

The legislation also apparently puts on hold the release of the Final Environmental Impact Statement (FEIS) on the Bureau of Reclamation’s proposed Resource Management Plan (RMP) for Elephant Butte and Caballo Reservoirs, according to e-mail correspondence received by the Desert Journal this week.

“As a result of pending legislation, the Region (BOR) has placed the Elephant Butte FEIS on indefinite hold,” said Clay McDermeit, project team leader, in e-mail to former Elephant Butte resident Jeffrey W. Hanson, now living in Mississippi, who wanted to know whether the FEIS would be released by the previously scheduled date in April 2002.

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These beachfront lease lots with improvements at Elephant Butte Lake’s Hot Springs Landing may became available for sale to the occupants (lease holders) under legislation passed by the House this week. The bill is still subject to approval by the U.S. Senate and President Bush.
Photo by Bill Johnson

Steep rocky slopes define part of the South Monticello Recreation Area at Elephant Butte Lake that is slated for $1 million in improvements.
Photo by Bill Johnson

EB Lake to get new rec facilities

with near-$1 million federal grant

WASHINGTON, D.C. – Elephant Butte Lake State Park soon will get recreational facilities thanks to a near $1 million Land and Water Conservation Fund (L&WCF) grant awarded through the National Park Service (NPS), U.S. Senator Pete Domenici said Tuesday.

Domenici said that through this grant, Elephant Butte – New Mexico’s largest and most popular lake – will receive a total of $934,377 to construct new recreational facilities at the park’s South Monticello Recreational Area.

Elephant Butte is a tremendous asset to our state’s tourism industry. I am pleased to announce that improvements to the park are underway,” Domenici said.

“By constructing a new campground, boating and support facilities, the park will be a more enjoyable getaway to visitors and hopefully increase its tourism base,” he said.

The NPS has awarded the New Mexico State Parks Division of the Energy, Minerals and Natural Resources Department the funding to improve the park’s resources by creating new campground and boating facilities at the South Monticello Recreational Area.

Domenici serves on the Senate Interior Appropriations Subcommittee that sets funding levels for the NPS and its activities.

According to NPS, since its inception, federal grant obligations totaling $3.2 billion have been matched by state and local contributions, for a total L&WCF grant investment of $6.4 billion.

Of the total number of projects, about 10,000 have helped states and localities to acquire 2.3 million acres of parkland.

<<<   >>>

…Alone but not lonely

This restroom or “comfort station” is the only structure at South Monticello Recreation Area but will have lots of company once the $1 million project gets started there.
Photo by Bill Johnson

Local man charged with killing agent’s dog,

then threatening the pet’s owners with gun

Says he shot dog after it bit him on his shoe

Desert Journal Staff Report

A Truth or Consequences man faces felony charges including two counts of aggravated assault with a deadly weapon and a count of animal cruelty, in addition to a misdemeanor count of negligent use of a firearm, after he allegedly shot a Border Patrol agent’s family’s dog at about 11 a.m. March 11 in the 1200 block of Turtleback Avenue.

William P. “Willy” Brown, 43, of 501 Broadway, originally had told Border Patrol Agent Mark Thornton that the dog bit him on the buttocks. Brown’s story during police questioning changed to the dog biting him on the rear thigh then to the back of his left shoe. “I did not see any marks on any part of defendant’s clothing or his body,” said Detective Thomas Schalkofski in the statement of probable cause.

According to the criminal complaint and the detective’s statement filed March 12 in magistrate court, Brown – an avid bicyclist and bike racer - shot the two-year-old Harlequin Great Dane on the roadway within 150 yards of the Thornton’s residence with a Baretta .22-caliber semiautomatic pistol that police recovered from the hood of Thornton’s vehicle after the agent detained and handcuffed Brown at the west end of property known as “Kick Ass Mules.”

After Brown shot the dog, John Cherry, who stays on the Thornton’s property, and Deneze Thornton, the agent’s wife, got into her van to follow Brown west on Turtleback Avenue after he ignored their calls. When they located him he was going through the gate at the west end of the Kick Ass Mules property.

“Mrs. Thornton [said] she approached [Brown] and grabbed the rear tire of the bicycle he was riding when he pointed the pistol at her and allegedly said, ‘Let go of my property or I’m gonna to kill you, bitch.’ He then pointed the same pistol at Cherry and told him, ‘You stay back or I’ll kill you too’,” according to the detective’s statement.

Mrs. Thornton then walked toward her van with the intent to leave and take her dog to the veterinarian. Cherry told police that Brown, still pointing the gun at him, said, “Now I’m gonna kill your ass.” Upon hearing sirens from approaching police, Brown put the gun down, Cherry told police.

At the police department a couple of hours later, Brown allegedly admitted to police he shot the dog after it came into the roadway and bit his shoe. He said that when Mrs. Thornton approached him, she grabbed for his weapon.

Brown also allegedly admitted to police that he pointed the weapon at Mrs. Thornton and Cherry and advised them he would use deadly force although they never struck at him, according to the detective’s statement, which added that Brown said he had felt threatened by an exercise bar that Cherry was carrying.

“At about 3:30 p.m., I was advised by the animal control officer that the dog had to be euthanized,” Schalkofski said.

The magistrate court March 15 ordered Brown, a masonry worker, released to the custody of John Allen under standard conditions of release. The court’s setting of a first appearance and preliminary exam were pending as of press time Thursday.

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...Senator briefed on Veterans Home issues

WASHINGTON, DC - U.S. Senator Pete Domenici (left) met March 5 with Patrick H. Stafford, administrator of the New Mexico State Veterans Home in Truth or Consequences, to be briefed on the issues and concerns facing the Sierra County facility. Among other things, Stafford and Domenici discussed a shortage of direct care nurses and how that affects the cost of providing care to the home's clients.

Candidates pack races Tuesday

By Fred Mramor of the Desert Journal

Candidates on Tuesday declared their intentions to run in the June 4 primary elections for various Sierra County, State of New Mexico and federal offices.

Winners of the primary elections will run in the general election on Nov. 5.

Former Sierra County Commissioner and Manager Gary Whitehead (D) will run against incumbent State Representative Dianne Hamilton (R) of Silver City to represent New Mexico’s 38th legislative district in the state capital.

All of Sierra County is now within House District 38 following recent legislative redistricting throughout New Mexico.

Salomon Montano (D) will run against incumbent State Representative Don Tripp (R) in the state’s 49th Legislative District - primarily Socorro County and no longer including Sierra County since redistricting. Democratic incumbent Donna Irwin will run unopposed regain her seat in the 32nd district - primarily Luna County and no longer including Sierra County.

Vying for the position of Sierra County Commissioner District 1, currently held by Ralph Gooding, are Democrat Abel B. Armijo and Republicans Alvin J. Campbell and James M. Coslin. Gooding can’t seek reelection because of term limits.

Armijo is a retired rancher and civil engineer with the federal government. Campbell is Sierra County’s current probate judge and co-owner of Coldwell Banker Desert Lakes Realty in Elephant Butte.

Coslin is the Sierra County Detention Facility administrator, a retired state police officer and a former Sierra County Sheriff.

For County Commission District 2, Democrat Russell Peterson will run with Republicans Richard Millard and current County Commissioner Christopher Wortman.

Peterson is a former Truth or Consequences police officer and city manager, and Sierra County Sheriff’s deputy and Detention Facility administrator. Millard is a former Sierra County Road Department Supervisor.

For the office of Sierra County Sheriff, Democrats Roy B. Bagwell and Ronald Brown will run in the June 4 primary with Republicans William (Willy) J. Kerin, incumbent Terry L. Byers, David Martinez and Joe Edward Baca, Jr.

Bagwell is a former Sierra County Jail Administrator and Emergency Operations Officer.

Brown is a former Sierra County Sheriff who lost his bid for magistrate judge to Thomas Pestak in 1998.

Kerin is a Truth or Consequences police officer and former Sierra County Sheriff’s deputy.

Byers is the current Sierra County Sheriff and he had served as a detective and supervisor at the Truth or Consequences Police Department for several years.

Martinez is a retired New Mexico State Police (NMSP) officer. Baca is a City of T or C Police officer.

Incumbent Thomas G. Pestak will face retired NMSP officer and fellow Republican Greg Spain in the June 4 primary to retain his seat as Sierra County Magistrate Judge. Daniel G. Mena, a court reporter for District Judge Thomas Fitch, will run unopposed as a Democrat in the June 4 primary.

Democrat Ivan G. Padilla will run against Republican Josie M. Zamora to replace Alvin Campbell as Sierra County’s probate judge.

District Judge Kevin R. Sweazea (R) will run unopposed for re-election to the bench in Seventh Judicial District Division 1.

Democrats Isabel Salazar, Michael A. Torres and Ronald R. Alleman will run with Republican Keith Wesley Whitney in the primary election for Sierra County Assessor. All of these candidates except Torres are current Assessor’s Office employees. Term limitations will prevent current County Assessor Sandy Whitehead from running for reelection this year.

Seeking to replace retiring U.S. Representative Joe Skeen in New Mexcio’s 2nd Congressional District will be Democratic Mayor of Las Cruces Rubin A. Smith and Republicans Phelps Anderson, J. Andy Kissner, and write-in candidate William Scott English.

Other Republican hopefuls for the 2nd Congressional District are C. Earl Greer, Edward R. Tinsley, Leo Martinez and Steve Pierce all of whom must submit additional nominating signatures to the Secretary of State by March 29 in order to appear on the June 4 ballot.

For United States Senate representing New Mexico, Republican write-in candidate Orlin G. Cole will run against long-time incumbent Pete Domenici in the primary election. Democrat Gloria Tristani will run against write-in Democrat Don Earl Durham and Francesca Lobarto, if Lobarto acquires additional required signatures by March 29.

<<<   >>>

County okays free dump days

By Fred Mramor of the Desert Journal

At the request of the Truth or Consequences/Sierra County Chamber of Commerce, Sierra County Commissioners agreed to waive dump fees at the county’s main landfill three Saturdays in April.

The Chamber will sponsor a Spring Clean Up to be held between 8 a.m. and noon on the Saturdays of April 6, 13 and 20.

Chamber staff and community volunteers will meet at the corner of Third and Date streets between 7 and 8 a.m. on the three Saturdays when volunteers will be assigned clean-up areas in the county.

County Manager Adam Polley was at first reluctant to recommend waiving dump fees to county commissioners at their meeting Thursday. Polley said the landfall already is falling short of producing desired revenues.

But Polley nonetheless proposed that the county’s landfill near the Truth or Consequences Municipal Airport be open free of charge between noon and 1 p.m. on the three Spring Clean Up days.

County administrative assistant Sarah Gall said the landfill is open from 9 a.m. to 4 p.m. but closed from noon to 1 p.m. on Saturdays.

At the urging of County Attorney Jim Catron, commissioners agreed to waive dump fees all day on each of the designated clean-up days for Chamber of Commerce volunteers and for the public at large.

<<<   >>>

Fire restrictions effective

at some NM state parks

Get updated restrictions!

SANTA FE – With high winds and dry conditions characterizing the kickoff of the 2002 parks season, New Mexico State Parks Division officials urge visitors to call individual parks to learn about up-to-date fire restrictions.

For park phone numbers, call the Santa Fe office at (888) NMPARKS.

State Parks under fire restrictions post notices at visitors centers, comfort stations, toilets and other points of contact such as marinas and picnic areas. Park rangers also patrol campgrounds to advise visitors of restrictions.

The U.S. Forest Service, New Mexico Forestry Division and local agencies also may enact fire restrictions or ordinances, the state parks officials said.

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