New Braunfels Herald Zeitung (Newspaper) - December 12, 1984, New Braunfels, Texas
410 M053 10/22/8'
NITCH WOMBLE P.O. BOX 45436 DALLAS, TX 75245Wurstfest Association strikes back on lawsuit
By LILLIAN THOMAS Staff writer
The Wurstfest Association’s attorney has filed a motion for summary judgment against Gayla Grigson, who sued it for damages resulting from a motorcycle accident Oct. 29,1982.
Wendell Herman Schnitz of Nixon, the driver of the car that hit the motorcycle Grigson was a passenger on, was charged and convicted of driving while intoxicated in
In Grigson’s suit, she claimed that Schnitz had been at the Wurstfest before the accident. And without naming Schnitz as a co-defendant, the suit put the responsibility for the accident on the Wurstfest Association for negligence “by repeatedly serving intoxicating beverages to Wendell Herman Schnitz Jr.”
Wurstfest lawyer J.C. Reagan, however has obtained a sworn affidavit from Schnitz which states, “I had not
been at Wursfest and no intention of going to Wurstfest.”
Schnitz also said that he was in New Braunfels to visit his girlfriend who worked at McKenna Memorial Hospital.
S.D. David Jr., president of the Wurstfest Association, in a news release said that Grigson and her attorney Terry P. Gorman of Austin chose to file a groundless lawsuit a few days before the 1984 Wurstfest.
David said he has instructed Reagan to file a crossaction suit against Grigson and Gorman's law' firm.
Abraham, Santiesteban and ( ardenas of Austin, because their suit w as false and libelous against Wurstfest.
“This is simply another example of a few Deople wl have targeted Wurstfest unfairly and unjustly,’ David said. “Those who wish to libel and falsely accuse Wurstfest of w rongdoing had better be prepared to go to court
The association president also said that the Wurstfest had an outstanding security force and is one of the best organized festivals in the state, if not the country.
Nm* Braunfels. Tass*
December 12, 198-1
26 Pages 3 Sections
Postal rate hike due in February
WASHINGTON (AP) First class postage will rise to 22 cents effective Fob IT, the Postal Service board of governors announced today.
The governors voted in closed session Tuesday to accept the recommendation of the independent Postal Rate Commission, postal service officials said The decision was announced at today's open meeting.
I .ast year, the postal service recommended that postage rise to 23 cents in 1985. but the rate commission scaled that back The commission lowered the planned increase because lower than expected inflation had dampened costs for the postal service
Postage last increased in 1980 In that year the rate commission turned down a postal service proposal for 20-cent rates, but the postal governors overruled the commission and put that price into effect anyway.
This year the governors could have done the same and insisted on a 23-cent rate, but did not do so That would have required a unanimous vote, however, and the vote breakdow n on accepting the 22-cents postage charge was not know n immediately.
In addition to 22-cents for first class letters, post cards w ill nse a penny to 14 cents each under the new charges.
Mailers of heavy items will get a break, however. The
20-cent rate now drops to 17 cents for each extra ounce of first class postage. That 17-cents charge will remain unchanged.
The governors also accepted other rate commission recommendations including:
— No change in the charge for priority mail
—Increases ranging from 15 percent for second class regular items down to 8 percent for the fourth class book rate.
-A 13 percent hike for third class mail and 15 percent boost for express mail.
The rate commission's recommendations were based on having each category of mail pay its own way. Those recommendations have generated controversy between bulk mailing firms and newspaper publishers, with the publishers claiming they pay too much in relation to the advertising mail.
The postal service no longer receives subsidies from the federal government for its operations, although it does receive some money to compensate for special low rates offered to non-profit charities and some local newspapers. Those are considered subsidies for the papers and charities, however, not the postal service lself
Jury deliberating in robbery trial
Th** i getting to Ce a txokao ’scofd but *>« uke (be a ay •( sounds Wa had another good day with Our Choa< Fund Tuesday as fly a more contribution# were fee awed
Detea Corporation which brought rn a food contribution on Monday contributed $50 Tuesday Busy Bee Remodeling Mr and Mr# Wallace Johnson arid an anonymous donor all contributed $26 So did Roger end Patty Vann who made (hee Contribution Monday but were inadvertently left oN T uesdav * list
Pre Ceptor Rho Chapter of Beta Sigma Phi brought in a food contribution
That bring# our current balance to •3 695 05 end that doesn t include
donated food Thanks to our contributors. 200 local families will have a brighter Christmas this year
Comal River Canyon Lake inflow Canyon Dam outflow towards Aquifer Canyon lake lave1
MI cf# tup 31 116 cfs (up 21 150 cfs (sam#) 622 80 tup 02) 899 71 (down 011
It will stay cloudy to partly cloudy today through tomorrow, with a 20 percent chance of rain tonight and Thursday. Winds will be from the south at IO to 25 mph. Today’s high will reach about 75 and tonight’s low will drop to 55. Yesterday’s high was 75 and this morning’s low was 55.
Bv DEBBIE DeLOACH Staff writer
As of presstime today, a Comal Counts jury was still deliberating the guilt or innocence of Hector Juarez, a New Braunfels man on trial for robbing Martin Ruiz near the Daily-Double lounge last June.
Both the state and defense attorney Paul Cedillo rested their cases around IO this morning. Closing arguments took about 30 minutes, and the jury then retired to began its deliberations.
The Juarez trial has been almost identical to the David Williford trial last October with similar witnesses and familiar testimony. Both Williford and Juarez, along with Oscar Acevedo of 240 E. Camp, were charged in connection with robbing and beating Ruiz.
As in the Williford trial. Ruiz once again identified Hector Juarez as one of two men who beat him up on the night of June 22, and admitted lie could not positively identify Williford as the other. But on Oct. 17, a Comal County jury found Williford, 22, guilty of robbery.
Williford then opted for the court to decide his punishment, and 22nd District Judge Charles Ramsay sentenced him to 20 years in the Texas Department of Corrections on Nov. 15.
Ruiz also testified he was assaulted near the Daily Double, and then again on a gravel lot between the lounge and a Sac-n-Pac store on Live Oak Street.
More repeat testimony came from Alfredo Gomez and Ruben Gonzales, who testified Tuesday, as they did in the Williford trial, that they helped Ruiz home after he was assaulted. Gonzales also testified he declined when Williford asked him if he wanted to go rob Ruiz that night.
In closing arguments this morning. District Attorney Bill Sehroeder speculated Williford and Juarez decided that Ruiz was drunk. “So they said. *This’ll be easy pickins. I/et’sgoget him.”
He described the assault as “savage, vicious and brutal," and repeated Gomez’ testimony that he thought Ruiz was dead when he went to help hun.
“You know, and I know, that the toe of a boot or shoe can kill,” Sehroeder said, "and what the Legislature defines as robbery happened on the night of June 22."
Cedillo argued that testimony showed whatever Ruiz, Gomez and Gonzales remembered from that night was “all colored by alcohol. What they saw, what they did. everything." he said.
“Gomez said he had 18 beers, and I doubt someone could keep track of anything after 18 beers. But we’ll give him the benefit of the doubt.
“Alfredo Gomez with 18 beers in his gut, said he saw Martin Ruiz leave MC’s. Then he saw Hector Juarez leave, and then David Williford," Cedillo said. “He didn’t see that.
"The Good Samaritans, Gomez and Gonzales, never testified they saw anyone hit Martin Ruiz. They just saw a cloud of dust, and ran to where the dust was coming from."
Cedillo also argued that an intoxicated person knows less the morning after, and told the jury Ruiz’ reasoning probably went something like this once he was sober: “I saw Hector. He asked me for money. I walked a bit. Then what happened’’ Oh, yeh, I got hit in the head. So Hector had to dolt."
If the jury decides Juarez is guilty, the trial will then procede into the punishment phase with more testimony.
tor bit begin
those Curtis, finance dampiM rain} children’1' Board
Utilities crews installed new traffic lights Tuesday although Bdl Printy had to work around the trees
New traffic lights installed at Union,San Antonio
By DANA STELL Staff writer
Out with the old and in with the new.
That s what happened to the traffic lights at the intersection of East San Antonio Street and South Union Tuesday when New Braunfels Utilities crews erected new lights there.
Electrical superintendent John Huck said the main thing drivers will notice is the absence of the green arrow allowing right turns onto San Antonio from South Union.
“It’s red to green from all directions now ,” he said.
Huck added that one reason the lights were requested by the city
was that pedestrians were having a hard time crossing the street because drivers could turn right all the time.
“Since we have right-turn-on* red. it won’t slow traffic down that bad," Huck said
In front of Something Good Restaurant, there is a new light pole, off of which two arms extend. The arm across Union has two light secions facing north and south and the arm facing San Antonio contains two light sections.
The next traffic light transition will be at the intersection of Coll and Castell. Light poles will be placed on opposite diagonal corners. Each pole will have two arms.
Lone Star roof repair due soon
Bv LILLIAN THOMAS
New Braufels ISI) trustees Tuesday received a $60,384 estimate for repairs to Lone Star Elementary s roof a figure that that does not include the drains recommended by the engineer.
In the board’s last meeting, White Roofing and Water Proofing gave the board an estimate of $90,600. half of which went to installing tapered insulation to c orrect the negative slope of the roof However after the Seidel and Associates engineering firm looked at the roof, they recomended rather than the correcting of the slope, the addition of drains rn the lower part of the roof to carry the water off. Their report was presented to the board along with White's new estimate.
The board agreed to declare the roof repair an emergency so that the school district does not have to go ou* is on this pi jt sea
>ver the Chi istmas holidays. e children are suffering from leaks in the roof." Lonnie . assistant superintendent of aid. referring to the ess in the building during weather that affects the health.
members expressed a preference for hiring a plumbing company to install the roof drains rather than have school maintenance crew do it.
“I have told all the principals to report all leaks so that we can get them worked on right away, and if some of them prove to be too serious for our maintenance people to repair,
I will be coming back to you It’s a lot simpler to repair these leaks before they get reu serious." Superintendent Charles Bradberry commented.
Five classrooms in Seele Elementary also have leaks, Bradberry said.
In other business. Board Trustee Garland Lloyd reported that his long-range planning commute had met and decided it needed more people from the community on it. They added Bob Sohn, James Goodbread and Eddie Temple to the committee and plan to meet in January again to begin work Board president Bob Self also reported on tile Texas ^.seriation of School Board’s meeting last w eekend which he attended.
House Bill 72 took up a lot of the discussion, especially the education reform bill’s rules on discipline and extra-curricular activities On the latter, a representative of the interim board ut education indicated two possible solutions have been discussed One will allow a student to have his course averages looked at each week and participation in extra-curricular activities be on a week-to-week basis The other possible way the law will be interpreted is to allow a student to average all his grades and as long as that is above TO. the student will be
See NBISD, Page 12A
Second jolt needed to execute inmate in Georgia
JACKSON, Ga (AP) - The state’s first try at executing Alpha Otis Stephens in the electric chair failed today, and he struggled to breathe for eight minutes before a second jolt carried out his death sentence for murdering a man who interrupted a burglary.
Stephens, 39, was still alive more than six minutes after the prescribed two-minute, 2,080 volt charge was administered at 12:18 a.m. Warden
Ralph Kmp ordered the procedure repeated after Stephens was examined.
Stephens was pronounced dead at 12:36 a.m. He was the third person to be executed in Georgia in 12 months, the 20th in the country this year and the 31st since the U.S. Supreme Court restored capital punishment in 1976.
Prison spokesman John Siler said ‘‘apparently, there is no malfunction” in the electric chair, which was
built for Georgia’s first execution in 19 years last December. But he said prison officials intended to find out why it took two jolts to kill Stephens.
"We’re looking at it. From everything we can gather, it went like it’s supposed to,” he said He said one possible cause could be that “different people have different physical makeups ”
Stephens’ 10-year struggle to avoid execution climaxed with the failure
of five separate appeals for mercy, two to the U S Supreme Court, in the 24 hours before his death.
H was condemned for the 1974 murder of Roy Asbell, who was taken to a remote field and shot twice in the ear after interrupting a burglary at his son’s home.
Stephens appeared scared and nervous as he walked into the execution chamber surrounded by six guards at the nearby Gorgia
Diagnostic and Classification enter and was strapped to the varnished oak electric chair.
He declined an offer to see a chaplain and made no last statement. Seconds after a mask was placed over his head, the first jolt was applied, causing his body to snap forward and his fists to clench His body slumped when the current
See EXECUTION, Page IZA