New Braunfels Herald Zeitung, February 20, 1983

New Braunfels Herald Zeitung

February 20, 1983

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Issue date: Sunday, February 20, 1983

Pages available: 124

Previous edition: Friday, February 18, 1983

Next edition: Tuesday, February 22, 1983

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New Braunfels Herald Zeitung (Newspaper) - February 20, 1983, New Braunfels, Texas Dallas, Texas #7 rticropioK, lac. •t t . ult C pi WomM e i .o. cox *+5^3o 11,5.3, .i,yL^ 75?^4 Como -AV SWC Scores Houston 84, Texas Tech 75 Arkansas 64, TOU 56 Rice 71, Texas 56 SMU 64, Baylor 55 Local Hoops Unicorns 54, Hays 45 Kerrville 70, Canyon 55 Abilene Christian 60, SWT 58 Mary Hardin-Baylor 79, TLC 78 Lotsa Upsets N.C. St. 70, (3) North Carolina 63 Pitt 65, (14) Georgetown 63 Okla St. 79, (12) Missouri 73 Kansas 55, (19) Oklahoma 53 NBA Scores Dallas 122, Atlanta IOO New York 124, Denver 115 Detroit 112, Phoenix 101 Boston at Golden State, (n) pixyRuling on murder law 'asinine', Schroeder says By DEBBIE DeLOACH Staff writer Wednesday could be a form of D-Day for District Attorney Bill Schroeder and others who bear that title. All nine justices on the Court of Criminal Appeals will convene in Austin Wednesday to consider the wording of Section 19.02 of the Texas Penal Code, which deals with murder. The court’s decision could mean hundreds of persons charged and convicted of murder since 1974 will either have to re-tried or freed. “I hope the court doesn’t do it. If the justices say the statute is insufficient,” Schroeder said Friday, ‘‘that will essentially tie every prosecutor’s hands. The court can’t change the statute, only the legislature can do that. And we won’t be able to indict murderers until the legislature changes it.” The statute, in effect since 1974, states in one provision that ‘‘a person commits an offense if he intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual.” But Justice Sam Houston Clinton, writing the opinion of a three-judge panel of the appellate court on Dec. 15, said the statute must say ‘‘an individual did then and there commit an act clearly dangerous to human life which said defendant intended or knew was clearly dangerous to human life.” The case which brought about Clinton’s opinion, to be reviewed by all nine justices Wednesday, came from Bell County. David Lugo-Lugo, a soldier at Fort Hood in Killeen, was convicted in April of 1978, of killing a 25-month-old child by kicking it in the abdomen and rupturing his liver. ‘‘Child cases are such a good example Say, I’m so angry, I throw a kid against the wall. I might want to hurt him, but I don’t mean to kill him,” Schroeder explained. “Well, Clinton is saying is the wording of the statute is insufficient. That individual must know that act is clearly dangerous to human life “Isn’t that a real kicker?” the district attorney added. “If you kick a child with the intensity to rupture his liver, imagine doing so without knowing that blow is clearly dangerous to human life.” The court’s decision Wednesday could not only affect past, present and future cases, but also the approach to prosecuting murder. “Prosecutors walk into the courtroom with a big burden — proving intent without having the defendant actually testify in many cases,” Schroeder said. “This statute is one way to getting around proving intent to kill, which is difficult to do.” So far, the tidal wave of consequences under the Lugo-Lugo opinion has been more of a trickle. ■MUMMMM ii New Braunfels Hera New Braunfels, Texas Vol. 92 - No. 36 Lugo-Lugo remains in the penitentiary, and only a handful of attorneys have made preliminary moves to attempt to free their clients. But the threat is there, and Schroeder knows it. “Don’t get me wrong. I’m not attacking the whole Court of Criminal Appeals. There are some really good judges up there,” Schroeder said. “But the scales have to weighed equally. “Society can’t be continually beat over the head by these asinine rulings. If this decision comes out against the statute, the court would be essentially doing just that.” SUNDAY February 20,1983 50 cents 62 Pages 4 Sections (USPS 377-880) Libyans protest as tensions mount By THE ASSOCIATED PRESS Thousands of screaming Libyans demonstrated in Tripoli and other cities Saturday, protesting the “overt terroristic provocations of the U.S. 6th Fleet” and burning effigies of President Reagan, the official JANA news agency reported. It said the demonstrators torched pictures and effigies of Reagan, Egyptian President Hosni Mubarak and Sudanese President Gaafar Nimeiri. The revolutionary regime of Col. Moammar Khadafy charged, meanwhile, that U.S. spy planes and warships were jamming Libyan communications and threatened to turn the Gulf of Sidra into a bay of “blood and fire” if the 6th Fleet carrier Nimitz entered its waters. The Tripoli government also said Libyan jet fighters intercepted and forced a foreign aircraft to withdraw from skies over Libyan waters. It denied U.S. and Sudanese charges that Libya was massing jets and troops near Sudan’s borders. Libya’s official JANA news agency said U.S. Navy vessels and Airborne Warning and Control Systems “spy aircraft,” known as AWACS, started “jamming civil communications” in Libya on Friday. Tile dispatch, monitored in Rome, provided no other details of the alleged jamming. Pentagon sources say the United States has four AWACS in Eygpt to counter what it says are Libyan threats to Sudan. But the White House, the State Department and the Defense Department declined to comment on the Libyan charge. The libyan dispatch said that on Wednesday “an aerial target made an incursion over our territorial water SO kilometers (50 miles) from the city of Benghazi but our air force intecepted it and forced it to retreat.” Benghazi is on the northeastern edge of the Gulf of Sidra, a wide bay in the southern Mediterranean that Libya calls its own but the United States considers international water. Two jet fighters from the Nimitz downed two Libyan warplanes over the gulf in 1981 after the Libyan planes fired missiles at them. JANA gave no further details of the latest encounter and did not specify the nationality of the aircraft. But it seemed likely the libyans were referring to an American plane since the dispatch dealt solely with what it called “U.S. aggression” over the gulf. Last Thursday, Pentagon sources in Washington said Libyan planes flew out toward the Nimitz earlier in the week. Arts panel seeks requests for funds Artistically-oriented groups who are interested in a share of New Braunfels’ hotel-motel room tax should sharpen their pencils (or moisten their paintbrushes). The new City Arts and Cultural Commission wants requests by March 7. Written requests for funding should include the following information: — The name of the organization, along with its purpose and activities; — Statement of financial condition, sources and use of funds for calendar years 1981 and 1982, or the last two fiscal years; — An outline of the group’s accomplishments for the past two years, and an assessment of what it’s done to improve the quality of life in New Braunfels. This entry include frequency and size of shows, number of participants, size of the viewing audience or anything else the group considers relevant. — Projection of 1983 activities and growth objectives, specific monetary needs, and the planned use of any funds that should be donated by the city. Applications should be turned in to the city manager’s secretary, or mailed to Box 1109, New Braunfels. They must be received before the close of the March 7 business day. It will be the Arts and Cultural Commission’s job to review the requests and make funding recommendations to the City Council. The Council will make final decisions on allocation of the money. Staff photo by John SenterChanneling her talent Margaret Reser of Fort Worth took advantage of the unseasonably warm weather Saturday in a different way from others. She painted a picture of the banks along a channel from Landa Lake in Landa Park. Temperatures rose to the 70s Saturday as winter continued to be AWOL this year.Houston firm gets jail pact By JACQUELINE SMITH Staff writer Christopher D. Stephano and Associates, Inc. of Houston has been chosen by Commissioners Court to work on the county’s plans for a new criminal justice-detention facility. Of the eight architectural firms interviewed in recent months, the court chose D. Stepheno — at the recommendation of County Judge Fred Clark — because of that organization’s vast background in jail construction and detention facility planning. “Of eight different architectural firms, each has the ability and capability to perform the work we want performed...to build an outstanding facility," Clark said during the court s Friday meeting. “Most have extensive experience in actual jail construction,” he added. “But with all things being equal in terms of integrity, fees and dedication to...Comal County — if an architectural firm had substantial experience that would put him a leg up on some of the others. ” In making a motion that the court accept Stephano’s contract, Clark said he felt it would be “in the best interest of Comal County” to hire the Houston firm because of its experience. Stephano has helped plan and build jails in Richmond, Victoria and Bellville and in San Patricio, Freeport and Caldwell Counties. The firm has also worked on facilities for the Texas Department of Corrections, in addition to others. See JAIL, Page IZA SWT student takes first in symphony competition ByDYANNEFRY Staff writer They gave her $250, and a contract to perform with the Mid-Texas Symphony Orchestra in May. And before they left the banquet hall, they gathered around and sang “Happy Birthday” to linda Gayle Spradley. What better present for a talented young lady than first prize in the Mid-Texas Society’s first Young Artists’ Competition? Spradley, who described herself as a “non-degree-seeking graduate student” at Southwest Texas State University, impressed the judges Saturday with the first movement of Ravel’s Concerto in G Minor for piano. Steve Michael Wessels, a senior piano student at Texas Lutheran College in Seguin, came in second with Liszt’s Concerto in E Flat Minor. Other finalists were Ronald Lynn Birkelbach, a junior at Southwest Texas State University and 1980 graduate of New Braunfels High School, with Beethoven’s third piano concerto; and Peter Samuel Gross III, another TLC senior, with Brahms’ Concerto in B Flat Major for piano. Judges had been asked to select just three finalists, but ended up with four. The fact that they all played piano was just a coincidence; there were IO competitors in all, including four flautists. Judges admitted their job was a tough one — especially the final decision. “Contests are a kind of necessary evil,” said Dr. John Moore, chairman of the music department at St. Mary’s University. “It’s like they say with the NFL — on a given Sunday, any team could beat any other team. I believe that any of you, playing on another day, might have won.” “Each of you did your best,” added Janet Ferguson, principal flautist in the San Antonio Symphony. “No matter what level you are at in your craft, the music came through. That’s what I find so inspiring.” James Sedares, associate conductor of the San Antonio Symphony, rounded out the panel of judges. See SYMPHONY, Page 12A Gayle Spradley Eureste says assault was plotted by police Ronald Birkelbach SAN ANTONIO (AP) - A city councilman’s allegations that the three men who mugged him were part of a police assassination plot have drawn strong denials from the police chief and mayor. Bernardo Eureste, 39, said he believed police “agents” were responsible for the attack on him and a female aide as they sat in the councilman’s car at a golf course early Friday. Eureste was cut on both hands and 23-year-old Kerry Pruett received a black eye and bruises on her head and chest during the 4 a.m. attack. She was treated and released. “I don’t think it was a mugging — I think it was an assassination attempt. The people seemed to be professionally organized. I suspect they are SAPD agents,” Eureste said in a statement from his hospital room. The councilman theorized that the police were trying to get revenge for his recent allegations of police brutality against citizens. But Mayor Henry Cisneros, who cut a trip short and returned to San Antonio, called a press conference Friday to contend Eureste’s allegations were “groundless.” “We do not have a department out of control. We do not have a department with vigilante squads,” Cisneros said. Cisneros said that to prove no police were following Eureste, he had ordered an examination of all police radio transmissions. Police Chief Robert Heuck also denied that any officers were involved in the attack, but promised a full investigation. Eureste, who is married and has two children, said he wouldn’t resign despite the “super-embarrassing” circumstances. He said he and Ms. Pruett, a student at Our Lady of the I^ake University where Eureste is a sociology professor, were “talking.” “It could have led to some other things, but it was circumvented,” he said. “I shouldn’t have been there, but I was. That’s life,” he said. Officials of Our Lady of the Lake University released a statement See EURESTE, Page UA Today's Weather Comal County forecast calls for partly cloudy today and Monday, but colder tonight. Probability of rain is 20 percent today and tonight. Highs will be in the mid 60s today, and the low 60s Monday. Tonight’s low will be in the upper 30s. Cool Million Los Angeles Dodger pitcher Fernando Valenzuela presented his side of the story to the arbitrator — he wanted $1 million dollars for the 1983 season. The Dodgers presented their side — after two exceptional years, they offered $750,000. The arbitrator went with Valenzuela. It’s the biggest baseball contract ever awarded by the arbitration process. See Page 8A. BUSINESS..............BB CLASSIFIED............6-9B COMICS...............11A CROSSWORD...........2A DEAR ABBY.............4B DEATHS................2A HOROSCOPE...........HA KALEIDOSCOPE........1-4B OPINIONS..............4A SPORTS..............6-8A WEATHER..............3A ;

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