New Braunfels Herald Zeitung, July 7, 2005, Page 3

New Braunfels Herald Zeitung

July 07, 2005

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Issue date: Thursday, July 7, 2005

Pages available: 28

Previous edition: Wednesday, July 6, 2005

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New Braunfels Herald Zeitung (Newspaper) - July 7, 2005, New Braunfels, Texas Thursday, July 7, 2005 — Herald-Zeitung — Page 3A OBITUARIES Paid advertisements JOSEFREDO (JOE) MONTANEZ, SR. Funeral arrangements are complete at the Zoeller Funeral Home for Josefredo (Joe) Montanez, Sr. who passed away on Tuesday at his residence in New Braunfels at the age of 85 years. He is survived by wife, Pauline Montanez of New Braunfels; daughters, Victoria Garcia, Helen Galvan and husband Gene and Paulette Ortiz and husband David all of New Braunfels; sons, Josefredo Montanez, Jr. and wife Judy of New Braunfels and Melvin Montanez and wife Lupe of Baytown, Texas; one brother, Santiago Montanez and wife Rita of New Braunfels; thirteen grandchildren; twenty eight great grandchil dren and one great-great grandchild. Visitation will begin at 12:00 noon Thursday at the Zoeller Funeral Home and continue until service time Friday. A rosary will be recited on Thursday evening at 7:00 p.m. at the funeral home. Services will be Friday, July 8,2005 at 10:00 a.m. in the Zoeller Funeral Home chapel. Interment will follow in the Guadalupe Valley Memorial Park. The family has requested that memorial contributions be given to the charity of one’s choice. ZOELLER FUNERAL HOME Funerals & Cremations 615 Landa, New Braunfels (830) 625-2349 DR. HOWARD O. BENSON Dr. Howard O. Benson, died Tuesday, July 5,2005 at the age of 71. A Memorial Service will be conducted Friday, July 8, 2005 at the New Braunfels Presbyterian Church. Memorial donations may be given to the Parkinson’s Disease Foundation, the New Braunfels Presbyterian Church or to the Texas Lion’s Camp, Kerrville, Texas. ©i- Doeppenschmidt FUNERAL HOME New Braunfels (830) 625-3434 DIVERS CONTINUED FROM Page 1A Night search did not find woman right now,” Reynolds said. Ile did not identify the woman. The SMART’ dive team, a division of the South Hays Fire Department, is a team of law enforcement and emergency medical professionals trained in cave and rescue diving and recovery and underwater crime scene investigation. Dive Team Commander Dan Misiaszek, who is also a sergeant with the San Marcos Police Department, said the SMART team got on the lake at about IO p.m. Tuesday in an attempt to replicate the Saturday night boat trip that ended in tragedy. "The witnesses were talking about lights they could see from their boat coming from Overtook Park and the red lights seen near the dam," Misiaszek said. “The best way to see these lights is in the dark from the lake. We attempted to reconstruct the location of the boat on the lake at the time the missing woman entered the water by viewing these series of lights.” In a similar search Sunday with an analog si de* scan sonar, searchers were hampered by heat, light and water conditions that made it difficult to read the screen of the computer that operated the SSS. The night search was easier to conduct, Misiaszek said. “The temperature was much cooler, the computer screens were visible, there was much less boat traffic, (he water was calm and we were very happy with the results,” Misiaszek said. Using a Global Positioning System for navigating in the dark, the SMART team worked a systematic search pattern between Skyline Drive and the dam. One of the problems recov-ery divers deal with on Canyon Lake is the very difficult terrain on the bottom, which is covered with trees and debris left behind when the reservoir was built in the 1960s. Misiaszek said the digital SSS, loaned to SMART by a Houston firm, did a good job of documenting the bottom. “This system worked much better than die analog system that we’ve used on previous searches. Our techs could clearly see the trees, tree branches and formations more than IOO feet down on the lake bottom,” Misiaszek said. “It was very' impressive. Unfortunately, they didn t see anything that resembled the missing woman. “We plan to widen the search area and conduct more scans.” First, though, the SMART team was headed to Lubbock Wednesday to search for a man missing in a high-speed boat collision on Lake Alan I lenry. Misiaszek said the side-scan sonar is vasdy superior to the analog equipment the team has used and is important in terms of diver safety — but noted it costs $50,000. “A sonar unit like this one is no longer a luxury for us, it’s a necessity,” Misiaszek said. “ We ll be having a fundraiser and seeking donadons to purchase a digital side-scan sonar.” Slashing suspect arrested in Alaska fishing town Are you abargainhunter? Take this simple test. J I'm not into getting free stuff. J Free airline tickets and gift certificates? Sign me up. By Ron Maloney Staff Writer The suspect in a January throat slashing incident in New Braunfels has been found — in a small Alaska fishing town. New Braunfels police detective Scott Renken said Robert Troy McClure, 28, was taken into custody Wednesday in King Cove, Alaska. McClure was sought after a Jan. 2, incident in which Kenneth Burks, 41, was assaulted in his Cardinal Drive home. Tile suspect is being held on charges of aggravated assault with a deadly weapon, credit card abuse and unauthorized use of a motor vehicle. If proved, the aggravated assault charge is a second-degree felony punishable by two to 20 years in state prison and a $10,000 fine. The other charges are state jail felonies punishable by six months to two years in a state jail and a $10,000 fine. Buries suffered a serious throat injury in the attack, and his car and a credit card were reported stolen. The vehicle was found abandoned in San Antonio a week after the incident. “After he left New Braunfels, McClure caught a ride, working on a fishing boat,” Renken said. “He worked his way up there, and was put off the boat at King Cove and was stuck there. The only way out was by plane or boat.” A local police officer checked McClure out Tuesday evening and found out he was wanted. I Ie had been in town three days. “This morning, we called up there and confirmed they did have him and that we would extradite,” Renken said. “They placed him in custody and we are making arrangements to get him back to Texas.” King Cove is located at the Aleutian tip of the Alaskan peninsula, 625 miles southwest of Anchorage. TRIAL CONTINUED FROM Page 1A Prosecution case to end this week “lie told me he might come visit for Thanksgiving, which is why he wanted to know where we were, but when he didn’t show up, I got a strange feeling,” she said. According to all of the state’s witnesses, Benavides wanted to hire a hit man to kill Satterfield to get out of paying $320 in child support every month. While the toddler was not the subject of the alleged murder plot, key witness Tina Lawson testified Benavides’ co-defendant, Samantha Kaderli Childs, said die young father would not mind if his son also was killed. l>awson continued her testi-monv Wednesday under cross-examination by defense counsel. Cantrell’s questions were aimed directly at Lawson’s motive for getting involved with helping New Braunfels Police Department detectives gather evidence in the case. SECRET CONTINUED FROM Page 1A District plans to release only one name the name of an applicant for the superintendent’s position is protected from public scrutiny until the board of trustees decides the applicant is a finalist. The code does not define the word finalist, which could be one or several candidates. State Rep. Todd Baxter, R-Austin, tried to add a definition to the exception with House Bill 415 during this year’s regular legislative session. Baxter’s bill would have defined a finalist as any candidate who had interviewed with the school board two or more times. The bill died in committee when the session ended May 30, but might be refiled in future sessions. Board President Dan Krueger said CISD patrons likely would be introduced to just one finalist. “We have in the past considered naming two finalists, but I think we will probably just name one this time,” he said. Citizens interested in inves- “Hearing that Jonathon Benavides was even thinking about a solicitation for murder turned you on, right?” he asked, after getting her to admit she enjoyed watching television crime drama shows “CSL” “Cops” and “Law and Order.” Cantrell also focused on the first recorded conversation between Lawson and Childs, which took place after Benavides met with the undercover police officer posing as hit man “Damon.” “That whole conversation contains you giving Samantha Childs information you received from NBPD,” he said. “My client’s side of the conversation implied she did not know anything about the meeting." In the transcript of the call, projected onto a screen in front of the jury, Childs tells Lawson she has not talked to Benavides since the meeting. Lawson proceeds to give details she heard from her “Uncle Mike,” police Lt. Mike Rust, who was supposed to be in touch with the contract killer. “You were furthering the solicitation at this point, tigating the background of the selected finalist still will have to wait several more weeks to start their research. After this week’s interviews, Krueger said board members would narrow the list again for a third round of informal meetings, including dinner engagements with the candidates and their spouses. Krueger said he hoped the finalist would be selected after the dinner meeting round. Once the finalist’s identity is revealed, board members must wait 21 days before taking a public vote on hiring the individual. Between the public revelation and the vote, board members will research the candidate’s current job performance through community and district visits. Although he sympathized with frustrated public inter right?" Cantrell asked. “I was trying to find out what she knew,” Lawson said. The portion of the call displayed in the courtroom ended with Lawson telling Childs she had assured “Uncle Mike” her friend would not “roll” on the plan. “You made a threatening statement to my client,” he said. “You implied, by your comments, she would be in big trouble, even in physical danger, if this plan was not for real.” Lawson insisted she and Childs were just joking around, telling Cantrell the comments’ context was obvious when listening to the audio recording. Peterson suggested during his opening statement last week Lawson was the perpetrator of the entire plot, keeping Childs and Benavides involved through threats on their lives. During his cross-examination, Peterson questioned Lawson’s reason for preventing Rust from installing a listening device in her home to record all of her conversations. Instead of a “bug” con est in the candidates, Krueger said he felt it was more important to make sure applicants did not worry about putting their current jobs in jeopardy by seeking a new position. “If candidates knew their names would be made public, we would have much fewer and lower quality applicants,” Krueger said. “It would destroy our chances of getting a good leader.” Despite Krueger’s concern, echoed by most proponents of the Open Records Act exception, secrecy surrounding a superintendent search is unique among Texas government entities. City administrator applicants, for example, know their resume becomes public record as soon as it reaches city hall. The superintendent exception was added to the govern- trolled by police officers, all of Lawson's conversations with Childs were captured with hand-held digital recorders. Lawson testified she was afraid her children might notice a police presence in the home to install the device and give the subterfuge away. Peterson speculated her real motive was to control what information the police received. “You had quite a few conversations with Childs that were not recorded, correct?” he asked. “Did Samantha call you and say Benavides didn t want to go through with the plan on or about Feb. 25 or 26?” “No,” Lawson told him. While working as an informant for the police department, Uiwson recorded three conversations with her friend, the only direct evidence Childs knew about the plot. Waldrip anticipates finishing the prosecution this week with defense testimony beginning next week. Testimony will resume at 9 a.m. today when Satterfield continues her story. AT A GLANCE State law requires virtually all government actions to be done openly, one exception being the hiring of a school superintendent.The Texas Government Code regarding the hiring of a superintendent says: ■ The name of an applicant for the position of superintendent of a public school district is excepted from the requirements of Section 552.021, except that the board of trustees must give public notice of the name or names of the finalists being considered for the position at least 21 days before the date of the meeting at which a final action or vote is to be taken on the employment of the person. merit code during the 74th Legislative session in 1995, almost IO years after a Texas Attorney General Open Records decision required districts to release candidate names. TEXAS CINEMA MARKETPLACE 12 651 Business Lp. IH 35 N. 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