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New Braunfels Herald-Zeitung (Newspaper) - February 9, 1996, New Braunfels, Texas FRIDAY Unicorns and Cougars go at it with playoffs on the line See Sports Page 5 New Braunfels 50 CENTS The Mergele House 708 W Mill 16 pages in one section Friday February Herald 410 7990 Serving Comal County and surrounding areas for n years Home of VINCE VELEZ jng Vol 144 No 64 Inside Market Stammtisch Birthday wishes from the HeraldZeitung The New Braunfels Herald Zeitung extends birthday wishes to Larry Wiley Larissa Lynn Morales two Vince Valez Mary Cabello Diana Romero Michael K Garrott Jr 11 years and Robert Abbotts Happy anniversary wishes to Jimmy and Cathy Petrie and Ernest and Linda Rodriguez Pollen Count Mold Pollen measured in parts per cubic meter of air Readings taken yesterday Information pnvWed by Dr Frank River Information Comal cubic feet per sec ond same as yesterday Edwards Aquifer Panther Canyon Well feet above sea level down 03 Main Street puts on seminars The New Braunfels Main Street Design Committee will host a seminar on Advertis Your Business Feb 13 Other upcoming seminars include Signage in Keeping with Concept and Building Feb 27 and Good Merchandising Great and Easy Window Displays March 12 Each of the free seminars begins at at City Hall in the Municipal Court room 424 S Castell Ave Bring a brown bag dinner Beverages and dessert will be provided Last chance to nominate Unsung Heroes Each spring the Herald Zeitung presents a Citizen of the Year award and several Unsung Hero awards at a reception celebrating the annual Horizons edition of the newspaper The HeraldZeitung needs the publics help in finding Unsung Heroes Do you know a person whose good deeds have gone unrecognized Let us know about Wm or her so they can receive the credit they deserve The HeraldZeitung also needs nominations for its Citi zen of the Year award Mail or drop off a letter telling us about your Unsung Hero candidate to HeraldZeitung Heroes 707 Landa St New Braunfels TX 78130 Nominations may also be faxed to 6251224 Make sure to include your own name and daytime telephone number Deadline for nominations is 5 Monday Auditions slated for Shakespeare comedy Auditions for the Circle Arts Theatre production of Twelfth will be held Monday Feb 12 at The pro duction scheduled for an April run will be given a new twist the action being set on a Texas ranch with the Kuke Orsini cast in the mold of John Wayne Roles exist for four women ages 20 to 50 and six men ages 20 to 45 For further information call the theater office at 6254824 This newspaper is printed on recycled newsprint Maskenball gives revelers a taste of Mardi Gras German style By SUSAN FLYNT ENGLAND Staff Writer Lovers of German culture have one last chance to lose all inhibitions and party the night away before Lent arrives Maskenball The New Braunfels German American Society presents this years masked ball next Friday Feb 16 at the Knights of Columbus Hall Fes tivities will begin at 8 We encourage people to come out its a fun said Masken ball chairwoman Pearly Sowell Costumes arent required but theyre half of the fun This years International theme lets revelers show off their flair for the unique and exotic Those with the best cos tumes will win prizes They can come any way they want Sowell said There will also be a special prize for what the judges think is the most Music by the Seven Dutchmen will propel dancing feet Intermission will also be enlivened by entertainment this year Beer and setups will be available and guests may bring their own bev erages Tickets are available from Ger manAmerican Society members or at the door in advance and the night of the dance Proceeds from the Maskenball go toward scholarships for high school German language students Sowell said Thats our target for each she said we have a student from each one of the high The scholarships go to students who are planning to continue studying German and who have a certain grade point average she said Speaking several languages is going to be a necessity not an option in tomorrows shrinking world Sow ell said Costumes for the Maskenball can be had at two local shops Abra cadabra Costumes Theatrical Illu sions at 726 Walnut Street and the costume shop on Castell Avenue across from the old Winns When area residents put on their costumes and their dancing shoes next Friday night they will be con tinuing a German tradition that dates back to at least the 1200s according to Encyclopedia Britannica New Braunfels area residents went to a several Maskenballen during the preLent season Sowell said When I was a young girl I remember my aunts and uncles went to them at dif ferent dance halls throughout the she said one here one there it was a whole Early German Maskenballen were often the culmination of Called Fastnacht or Kameval in dif ferent parts of Germany and Austria this festival was the Germanspeaking equivalent of Mardi Gras or Brazils Camaval Many German Faschings start on Jan 6 The festival was celebrated most elaborately in Cologne and it began at the 11th hour of the 11th day of the 1 Ith month of each year During Fasching the rules and order of daily life were Britannica says Dignitaries some times handed keysto the city and rule for a day to a council of fools or even women As well as Maskenballen revelers attended satirical plays and speeches and read newspaper columns lam pooning the clergy and government officials of the day Parties took to the streets and fes tivities built to a fevered pitch by Faschings climax on Shrove Tues day the day before Ash Wednesday As for New Braunfels 1996 Maskenball Just come out and thjnk not someones going to entertain but Im going to have some Soweli said HeraldZeitung photo by MICHAEL DARNAL The costumes are half the fun at Maskenball Pedestrian struck on 81 An El Paso man Is In unde termined condition at University Hospital after a pedestrianvehicle accident on Highway 81 near Taco Cabana last night According to New Braunfels Police reports Hector Rubalcava was hit by an Oldsmobile Cutlass driven by Sherry Jo Hansmann of New Braunfels at about He reportedly walked in front of her car Both were flown to University Hospital Hansmann was treated and released but Rubalcava was still in the operating room at press time Case called a victory for property rights By SUSAN FLYNT ENGLAND Staff Writer A Comal County jury handed prop erty rights advocates a big victory yes terday when it declared Kenneth Allen Gerhard Lukacik not guilty of aggra vated assault with a deadly weapon Lukacik defended himself in the case which was prosecuted by District Attor ney Bill Reimer The charges against Lukacik stemmed from an incident that hap pened near the edge of Lukaciks Comal County property early in December 1993 Barbara Gomez now 25 and living in Dallas filed a complaint with the Comal County Sheriffs Department against Lukacik in 1993 saying he had threat ened her with a rifle shooting in her direction when she was near his prop erty Gomez testified that she was staying at her fathers property near Lukaciks at the time of the incident and that she went outside to investigate when she heard gunshots She said her dog was not inside her fathers house and she was afraid for his safety Gomez testified that she went toward the sound of the shots near a wire fenceline and stone wall but nev er crossed the fenceline However when Lukacik spotted her he fired his rifle toward her Gomez testified She said he never warned or yelled before opening fire Lukacik did not deny that he fired shots A videotape and pictures of two trees near the fenceline each hit by a bullet were entered into evidence Lukacik never took the stand in his defense but he made statements while questioning witnesses He said that he believed he saw a trespasser and that he feared for the safety of his livestock and his children Lukacik said he only fired three times and that the shots were warning shots Lukacik called Todd Costen as a character witness and an expert on guns Costen runs a hunting ranch in Bexar County Costen testified that Lukasic is A very good Reimer asked Costen if he would fire a gun in the air or near a trespasser without talking to him first Costen said Since Lukacik didnt take the stand he didnt testify himself whether he had given Gomez a verbal Foundation for Liberty assisted in defense By SUSAN FLYNT ENGLAND Staff Writer Kenneth Allen Gerhard Lukacik defended himself in his trial for aggra vated assault with a deadly weapon I cant find an attorney who can do it he said Lukacik fired two attorneys since the charge was filed and began work ing on his own defense about seven months ago he said But Lukacik did have his own defense He was assisted throughout the trial by members of the Foundation for The Foundation for Liberty meets to study law One of their objectives is to be able to defend themselves in court without the help of an attorney You cant trust any of one member said Lukacik periodically turned to receive notes from his fellow Foun dation for Liberty members during his trial Lukacik said his rights had been violated numerous times since he was he never was properly Mirandized or arraigned and that three judges dealing with his case were working without an oath of office on file They would not allow me basic things like evidence and who they were bringing to he said The Miranda rule wasnt used Dis trict Attorney Bill Reimer said because it only needs to be used when taking down a confessiontype state ment and Lukacik never confessed to anything He was arraigned before the Reimer said And the judge in extra caution arraigned him before the People who represent themselves Reimer said often think their rights are being violated simply because they dont understand the technicali ties of court proceedings If Lukacik found himself in a sim ilar situation with a possible trespasser again Theres probably only one thing I wont do and thats make a warning he said warning first or not Lukacik had chosen 30 witnesses but he only called a few After I saw what went on up here I decided I didnt need to call the he said in his closing argument I did defend my property but I did not use deadly he said Reimer quoted the penal code regard ing use of deadly force to defend prop erty The Texas Penal Code says A per son is justified in using deadly force against another to protect land or tangi ble movable property when and to the degree he reasonably believes the dead ly force is immediately necessary to prevent the others imminent commission of arson burglary rob bery aggravated robbery or theft during the nighttime or criminal mischief dur ing the nighttime or to prevent the other who is fleeing immediately after committing burglary robbery aggravated robbery or theft during the nighttime from escaping with the property and he reasonably believes that the land or property cannot be pro tected or recovered by any other means or the use offeree other than deadly force to protect or recover the land or property would expose the actor or another to substantial risk of death or serious bodily injury The jury of seven men and five women started deliberating late Thurs day morning and returned their verdict at about They gave Lukacik a warning along with the not guilty ver dict saying his actions were extreme ly Reimer said Reimer said he was not surprised by the verdict Most people think you can use a great deal offeree to defend your Reimer said Theres a very strong stance for property rights in this The penal code is very said Sheriff Jack Bremer later hi the first place you shouldnt trespass on anyones he said but trespass only becomes a crime if it is intention al The thing property owners should do is contact law enforcement and not take matters into their own he said If you live out in the county and youve got kids that run around in the neighborhood youd better keep them Reimer said New community development director sees need for affordable housing By SUSAN FLYNT ENGLAND Staff Writer Mark Mitchell knows his alphabet soup Mouthfuls such as CDBGs the NRDFC HUD and As New Braunfels new community development director Mitchell has the training and experience to translate those acronyms into how to get New Braunfels money for the things it needs I was bom and raised in Converse just down the Mitchell said Ive been doing community develop ment since about Mitchell holds a masters degree from The University of Texas at Dallas in public affairs Hes ready to write the dissertation that will mean a in political economy and regional devel opment from the same school He is an expert in asking a commu nity what it needs and getting useful answers Mitchell studied housing needs for the city of Dallas using drive by surveys and questionnaires He used a phone survey to let Unit ed Way of Dallas know the citys social service needs About half of the surveyors were Spanish Mitchell said The Community Development Advisory Committee has helped Mitchell hit the ground running he said You actually have direct involve ment from people in the community from the neighborhoods from busi ness from Mitchell said affordable housing holds the top spot on the list of New Braunfels future development needs Thats an area we really have to focus in he said We need to learn what resources we have and what type of strategies would best help preserve neighborhoods especially for the low er income New Braunfels needs programs to build affordable housing Mitchell said It is a very tight housing he said But giving people access to that housing is just as important Programs like housing counseling down pay ment assistance theyre at such ear ly stages that were trying to identify what the needs are what strategies would be best for the Recognizing the different needs of New Braunfels Hispanic community will also be important Mitchell said Moving to New Braunfels is some thing of a dream come true for Mitchell Ive been coming up to New Braunfels just to visit on the week he said Im thrilled at the prospect of actually being able to live Mitchell said working with the city staff gives him the best of both worlds The city staff are very professional but also theyre very warm and friend New Braunfels historic homes attracted Mitchell who lived in a his toric home in the King William section of San Antonio When its a smaller city like this more people are directly involved and its not just ownership its a sense of Mark Mitchell For subscription or advertising information call the HeraldZeitung at 6259144
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