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   New Braunfels Herald Zeitung (Newspaper) - December 9, 2011, New Braunfels, Texas                                 NEW BRAUNFELS, REAGAN 6RAPPLERS GO TO MAT SPORTS  ,7  New Braunfels  FRIDAY  DECEMBER 9,2011  . h e rald-ze i tun g. co m  SERVING NEW BRAUNFELS SINCE 1852  omal jury can’t return verdict  istrial declared in the aggravated kidnapping case against Garden Ridge man  «londo Mouttrte  lerald-Zeitung  rors were unable to reach a nimous dec ision Thursday, so omai (ounty district judge lared a mistrial in the case of larden Ridge man tried for  aggravated kidnapping.  R()hert Leon Mason |r.^32, will have to go through another trial, said jennifer Tharp, Comal County criminal district attorney.  "We just start over," she said, adding that she couldn't com  ment further because it remains an open, pending case.  Mason was c harged in con-nectlt)n with an alleged incident that occurred Oct. 4, 2010, at his parents' hortic', where* he livc^. I’rosec utors said he tricked cater  er Tiffini Michele Yamin into his home, Icxked the door, dropped his trousers and asked her if she wanted to pt'rform a sex ac* on him.  jurors deliberated about two and a half hours Wednesday  before going home for th(> day. They rcn i)nvened about H; VO a.m. Thursday and r(\ili7ecl the*y were deadlocked a little b('fore noon, said Brent l)c la Pa/, Masotv's  See TRIAL, Page 5  ETTLEMEIMT  B family sts $3.25  lillion  ;k driver’s sleep apnea ned for fatal accident  ih6ni Platenburg  na Advocate ORIA  fter losing Ihoir father in 010 crash involving a tor-trail{'r, a New Brautv tamily has received a k'ment of more' than $ \ ion.  1 an industry first, adon, a major Canadi-trucking firm said in a •nt legal sc'ttk'inent that a er's sleep apnea most 'ly led to the death of 1 Linds.iy in an accident occ urrt'd in May 2010. ^anda I indsay, john [Isay's widow, and the I )le's three c hildren tilc'd avvsuit against Celadon i king C o. and its driver .ily 2010 in DallasCoun-  he parties reached a 25 million sc'ttlement. We arc* relieved to have ^er and l)ehincl us so wc*  I focus on the* work of foundation," said Wanda Isay, who along with hc>r Idren cremated the john tisay foundation in May 1 1 to ('ducate people )ut the dangers of sleep it'a in commercial truc k-  We couldn't )ust bury n and do nothing," Lind-said. "It would have •n a dishonor." he Lindsay family was resentc*cl by |im Cole and Victoria-based Cole, e & Lasley law firm.  This is the first case in ic h a true king com >any acknowledged a ceath iltingfrom a driver with 'p a[)nea," Cole said in a ss releast'. "This will have lational impact on the king industry."  1essag(*s left for (x*ladon king a comment were returned Wednesday ■ning.  Vanda Lindsay and Jim See WRECK, Page 5  LITTLE FEET IN LUCK THIS WINTER  Photos by LAURA McKENZIE | The Herald-ZeHimg  Francisco Lira, 9, left, his brother Noah, 8, and Laura Trejo, 9, try on shoes during the "Shoe-ln" event at Payless Shoe Source on Thursday. Vouchers tor a new pair of school shoes were made available to 300 local children to turn in at the annual event which was made possible by the Salvation Army in partnership with major sponsors, Stan and Debora Cunningham  SAILIN’ SHOES  Salvation Army pairs with locals in donation 'or kids  ONLINE  Scan this code to visit the New Braunfels Salvation Army or go to salvation-armysatx.org/nb  Arlyn Salinas, left, helps her son, Aaron, 5, try on a pair of shoes at Payless Shoe Source on Thursday, Each child selected tor the Salvation Army’s program was able to pick out otie pair ot shoes with a price limit of $20  feter runoff leads to rift between business, resident  Draw Stone  Herald-Zeitung  V water retention plan that sed the ('ity of New Braunfels' ndards is failing to make the de for one affetted resident, u the top of a wooded hill in ■ commercial district at 809 )p 337 sits the newest of the /s two AutoZone auto parts res. At the bottom of the hill to ' west rests Kent Hamilton's ire on Tealwood Gourt;  •naking down along that hill n l)ehind AutoZone is a blac k, Stic, flexible drainage pifDeline. ring rains, the thin pipe contin-ly leaks at a number of gafDped 1 riec t i n g sec t i o n s, H anil I tern i Water also leaks out of sever-holes caused through natural  LAtJRA Md^hClE l Herald Zeitung  Tape is wrapped around a section of pipe located behind Kent Hamiiton's home on  Hamilton said the excess water has caused several lines of ero-  sion in his bac kyard, and the overflow has damagc'd his propcMty.  New Brauntels Engineer |im Klein said the c ity rec|iiestc*d AutoZone fix the tc'ars and gaps. Silver duct tape was used to seal leaky areas and support stakes were placed along to provide a better downward f ow of water.  However, the runoff trom AutoZone during the past week has caused even further erosion of Liamilton's backyard and overall damage to his land, the resident said.  "They made repairs In'fore it rained last time, tbut) I noticed massive amounts of water so I don't know what was done to fix it  wear and tear, or by possible vandalism.  See DISPUTEv Page 5  ► SHOOTING  Gunman kills 1, self at Va. Tech  Second gun tragedy since 2007 rann>age left 33 dead  BLACKSBURG, Va.(AP)  A gunman killc'd a poli( e otficer in a Virginia Tech parking lot Thursday and then app.trc'ntK shot hinr-sc'lt to (l(>ath nc’.irbv in haf-tling atl.uk that sho(»k up the c ampus nc'arK five \cars allc'r It vv.is the s( ene oi thc' d(*adlic'st shooting rampage m modc'rn U.S. histor\.  The shooting took [>la( e on the* same da\ Virginia R'c h ofti( lals were in VV.ish-ington, tightin.’, a govern-mc'nt tine over tlu'ir allogc'd mishandling ot the 2007 bloodbath where' U p(>o-)U‘ w(*r(‘ killed. Betor(> it x'camr ( lear that the- gun-m.in in Ihursdav's alt.K k was d(><ul, tlie scliool a[)plic'd (he kssoiib Ic'arm'd during fh(‘ last Iragedv. loc k-ing down the ( ani[)us .ind using a high-lc‘(h alert s\s-t(*m to warn students and lacultv members to ''lay indoors.  "In light ot the turmoil and trau<iia .ind the li.i'^(‘(lv sLitterc'd l)v tiii^ < amjius b\ guns, I c .HI onl\ say words don't (k'sc rilu' our fcM'lings and tht'\ re cHusive al this point in time',' univc'rsitv [)K'sid('nl ( h.iiles Sieger said. "( )tir hc'arts are' hro-ke'n again for the* tamiU ot otir [iolice' oftK er,"  rhe oltie cr was killc'd .iltc'r pulling a drive'r ovc't in a trattic stop. The* gunm.in — who v\as not involved in the traffic stop — walked into the parking lot .ind ambushe'd the otficer. Police did not know what the me)tive' was and thc'y didn't release the identity of the otticer or shooter.  A law entoru'ment ofti-c lal who spoke' on the condition of anonymity  See SHOOTING, Page 5  WEATHER, 8  KAYLA HERNANDEZ GOODWIN FRAZIER ELEMENTARY  Cloudy, chance of rain  High; 57 Low; 39  Abbv  Classitieds  Camics____  Crosswords  Forum ___  Obituaries ^ Planner Sports TV  10  JÖ  Jl  9  ......4  ^3  6  J  11  Vol 159 [No ?5 I section, 12 pages  56825 00001 50 cents  For breaking news, sports scores, weattier, traffic and mid-day updates, follow us on Twitter ONewBraurrfelsHZ  m  Learn what's in tomorrow's paper, offer news tips, receive alerts Become a New Braunfels Herald-Zeitung Facebook fan.  Receive the Herald-Zeitung e-newsletter in your e-mail box eacti morning: herald-zeitung.com. Click 'Herald-Zettung Mailing List'  - mz   

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