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New Braunfels Herald Zeitung (Newspaper) - December 19, 1991, New Braunfels, Texas Page 2Herald-Zeitung New Braunfels, Texas Thursday, December 19,1991 Weather Water Watch Canyon Lake outflow.........264 cfs (up 30) Canyon Lake inflow..........221 cfs (up 61) Canyon Lake level 901.76 feet (up .27) Comal River and Edwards Aquifer figures not available Obituaries * Simon Esquivel Services for Simon Esquivel, 67, of Buda will be IO a.m. Friday, Dec. 20 at Holy Family Catholic Church, with the Rev. Francis Maas officiating. Burial will follow at Sts. Peter and Paul Catholic Cemetery. Mr. Esquivel, who retired from the U.S. Air Force as a master sergeant after 35 years of service, died Dec. . T8, 1991, at Seton Medical Center in Austin. He was bom Feb. 18, 1924, .*kin Comal County to Pablo and *. Antonia (nee Porras) Esquivel. He • .‘•married Isabel Rodriguez on Dec. I 28, 1946 in New Braunfels. A former New Braunfels resident, Mr. Esquivel lived in Buda the last eight years. He was a member of * Veterans of Foreign Wars Pilot Knob Post 8925 in Austin, the Knights of Columbus, St. Vincent de Paul Society at San Francisco Catholic Church in Austin, Disabled American Veterans, and Retired Enlisted Association Chapter 888. Survivors are: wife, Isabel R. Esquivel of Buda; daughters, Veronica Ruiz and husband Matias of Buda, Adriana Gaytan and husband Ramon of San Antonio, Judy Ojeda and husband Jimmie of Austin, Evangelina Ruiz and husband Joe of Dallas, Maria Esquivel of Buda, and Sandra Sanchez of Dallas; sons, Simon Esuivel Jr. and wife Connie (rf New Braunfels, Javier Esquivel of Buda, Jose Esquivel and wife Sylvia of New Braunfels, George Esquivel and wife Patricia of San Marcos, Mario Young of New Braunfels, Ignacio Young of Dallas, and Armando Young of San Antonio; sisters, Gracia Castilleja Pena of New Braunfels and Rosa Mata of New Braunfels; and 23 grandchildren. He was preceded in death by sons Domingo Esquivel and Orlando Esquivel and daughter-in-law Rosa Esquivel. A rosary will be recited at 7:30 p.m. Thursday at Zoeller Funeral Home. Grace Lucille Johnston Services for Grace Lucille Johnston, 99, of New Braunfels will be 3 p.m. Friday, Dec. 20 at Doeppenschmidt Funeral Home. Burial will follow at Guadalupe Valley Memorial Park. Mrs. Johnston died Dec. 18, 1991, at McKenna Memorial Hospital. She was born March 21, 1892, in St. Paul, Minn., to Edward and Emma (nee Miller) Maxwell. She was a homemaker. She was the widow of Arthur Johnston, who died in 1965. Survivors are: daughter, Mary Fischbeck and husband Wilburn “Willie” of New Braunfels; grandchildren, Larry Fischbeck, Gary Fischbeck, Alan Fischbeck and Cathy Holden; and greatgrandchildren, Murray and Kristan Holden. Visitation will be from 3 p.m. Thursday until service time Friday at Doeppenschmidt Funeral Home. Memorials may be made to the Senior Citizen Center or the charily of one's choice. Officer considers lawsuit appeal By ROBERT STEWART Staff Wrftar A New Braunfels police officer is considering an appeal of a decision by a district judge that he cannot sue Bexar County Sheriff Harlon Copeland for charging him with burglary with intent to commit rape in 1986. “It’s not over yet,” said Officer Steven D. Nicely. “The dismissal simply means thai this judge ruled — I do have an appeal option which I am going to be exploring.” Judge Peter Michael Curry last week dismissed a suit filed by Nicely against Copeland. Nicely was working as a Terrell Hills Police Officer at the lime of the arrest. Nicely said that he feels the current legal situation in Texas holds public figures above the law. Fingerprints, DNA and witness recanting showed that prosecution of Nicely should not have been pursued, he said. “I was accused of some crimes by Sheriff Copeland in 1986 and DNA printing excluded me as a suspect and that's what got the charges dropped," Nicely said. “The state of Texas is going to have to change the laws in order to curtail these types of abuses." Samples of Nicely’s blood were used to compare his DNA (genetic * coue) to evidence from the crime scenes. No two people can have identical DNA. No one else was £ver arrested for the crimes. “Under Texas law. the state has > built an immunity of public figures even if they decide to abuse their Stammtisch Best wishes The New Braunfels' Herald-Zeitung sends birthday wishes today to Pat Tepe, Sean Phillip Lopez, Howard Brandenburg, Connie Way, Rosalie Yanas, Erie Barrera, Esther Carbajal, Randall Scholl, Russell Scholl, Vonnie Chudej, Dale Schmidt, Ber|ha Chapa, Carlos Medrano, David Sotelo, John Miller and Teresa Krueger. Belated birthday wishes to Osito Romo. Anniversary wishes today go to Larry and Jane Mauldin and Danny and Micaela Zoeller. Garden Ridge recycling The monthly Garden Ridge recycling day will be 9 a.m.-2 p.m. Saturday, Dec. 21 at the municipal complex grounds. As a fund-raising project, members of the San Antonio Area Girl Scouts Council will accept:    newspaper (without advertising slicks); glass (clear, brown and green); plastics (Nos. I and 2); and aluminum cans. Pictures with Santa Local businesses have united to sponsor a Santa picture fund-raiser to benefit the Comal County Emergency Children’s Shelter. From 9 a.m. to 5 p.m. Friday, Dec. 20 at Kroger Food Store, parents can have their children pictured with Santa Claus for $2.50. The children also will be eligible to win one of two Big Wheels, a doll and a $50 savings Herald-Zeltung Published on Sunday morning, Tuesday. Wednesday. Thursday and Friday afternoons by the New Braudels I Ie raid Zeitung. 707 Landa St., or PO Drawer 311328, New Braunfels, T exas 78131 1328 Second Class postage paul by New Braudels Herald 'Zeitung al New Braunfels. Texas DAVID SULLENS Editor and Publisher STEPHANIE FERGUSON    JIM HORNBECK Managing Editor    Advertising Director CHERYL DUVALL    CAROL ANN A VERY Business Manager    Circulation Manager KAREN REININGER    DOUGLAS BRANDT Classified Manager    Pressroom Foreman Carrier delivered in Comal and Guadalupe counbcs: three months. $12.90; sis months. $22 SO; one year, $40. Senior Citizens Discount (carrier delivery only): six months, $19.25; one yea, $34. Mail delivery outside Comal County, in Texas: three months, $22.30; six months. $40. one year. $75. Mail outside Texas: six months, $32.50; one year, $8750. If you have not received your newspaper by 5:30 p.m. Tuesday through Friday, or by 7:30 ajn. on Sunday, call 625-9144 or 658-1900 by 7 p.m. and 11 a.m., respectively. bond. All proceeds will benefit the shelter. For more information, call 629-5003. Immunization schedule Due to the holidays, the Comal County Health Department will not have immunization clinics on Tuesday, Dec. 24 or Tuesday, Dec. 31. A makeup clinic is scheduled for 9-11 a.m. and 1-4 p.m. Friday, Dec. 27. For more information, call 620-5595. Tree recycling The city of New Braunfels Parks and Recreation Department and New Braunfels Utilities will sponsor the fifth annual Christmas tree recycling program at Landa Park beginning Dec. 26. An area in the swimming pool parking lot will be designated as the site to leceive the trees. More than 1,260 trees were recycled last Christmas, and about 3,500 Christmas trees have been recycled during the last four years. Decorations, nails and other fasteners must be removed to protect employees and the chipper used to mulch the trees. The mulch is used to help conserve water in municipal parks and is available free to homeowners. For information, call 629-PARK. Advent Vespers tapes Cassette tapes of the 32nd annual Advent Vespers program presented by the New Braunfels Music Study Club on Dec. I are now on sale for $8 each. Contact Melitta Frueh at 625-6658, Ann Kleenan at 625-3875 or Dorothy Johnson at 625-5321. 'Shop Alone* program “Shop Alone,” offered by The Children’s Museum, has been helping frazzled parents do their holiday shopping child-free each Thursday night before Christmas. For $5 per child, parents may make reservations for their children to stay at the museum between 5-10 p.m. on Thursday, Dec. 19. Children may play in the museum for the evening or parents may choose to have them participate in another special holiday activity, “Santa’s Workshop.” Youngsters may select from among the many holiday crafts projects offered in “Santa’s Workshop,” including ornaments, cards and holiday decorations. Small projects start at $1. For between $5 and $10, youngsters may make gifts "such as decorated T-shirti, sweatshirts,1 aprons and dishtowels for friends and family. When parents drop children off, they may either select and pay for the projects on which /he children will work, or set a dollar amount and let the children decide on the projects as they go. “Santa’s Workshop” also is open during regular Children's Museum hours during this holiday season. Cheerleading clinic The Canyon Middle School cheerleaders’ “Christmas Mother’s Day Out" at JAR Gymnastics, 1275 U.S. 81 East, will give local moms a break from 9 a.m. to 5 p.m. Saturday, Dec. 21. The cheerleaders will teach participants cheers and a dance, and movies, games and lunch will be furnished. A surprise guest will visit. The cost is $10 per child Jewelry factory authority.” Nicely said. “So long as (the arrest) wasn't done for purposes of harassment there probably is an immunity there,” said Comal County District Attorney Bill M. Reimer. “About the only thing you can sue on is if you act outside of your official capacity." Reimer added that a law enforcement officer could also be sued if there is a violation of a citizen's civil rights “like beating up somebody when you arrest them or if you know there’s no crime there but you just arrest them to harass them.” While the large majority of law enforcement personnel are conscientious of an arrest subject’s rights, there is a “minute percentage” who choose to abuse their official powers. Nicely Mid. Besides an appeal. Nicely is also considering filing a complaint with the U.S. Justice Department seeking possible criminal charges against Copeland. The Justice Department does not take action on criminal charges until the possibility of civil precedings is exhausted. Nicely said. New Braunfels Police Chief C.R. “Dick” Headen has voiced confidence in Nicely who was hired May 28, 1991 at the NBPD following “an extensive background check.” “It was absolutely proven that he was innocent and that he was a victim of circumstances.” Headen said. Bl UE TOPAZ & AMETHYST WMH I) I A M o TlhS SWI' AM Tennis Bracelets 1.00 Ct    *595 2.00 Ct    *1295 3.00 Ct    *1995 Nice Quality Fashion Rings in 14K gold accented with brilliant diamonds, lf her eyes are blue or if sh© wears blue select the topaz. Visit us. We'll help you find the perfect gift. Starting at $79” SVW ITO® rn**me me nun* ox rn** Direct From Antwerp We find the best diamond values, so that's where we buy them. Then we pass the savings on to you. 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