New Braunfels Herald Zeitung (Newspaper) - February 9, 2011, New Braunfels, Texas
■ FOOD. 7
Valentine's Day treats for your sweethearts
■ SPORTS. 8
Mayfield heads to state in record-setting fashion
■ LOCAL NEWS, 2
Here comes the cold again •’
WEDNESDAY, FEBRUARY 9, 2011
Texas jlipNewspaper of the Year
Serving New Braunfels and Comal County since 1852.
Appeals process begins for Clark
By J. Louise Larson
A motion filed TUesday in Comal County’s district court anticipates the imminent appeal bond release of Mark Adrian Clark while his attorney perfects an appeal.
“I anticipate an appeal will be filed,” said Comal County Chief Felony Prosecutor Sammy McCrary, who tried the case.
An appeal would have to be launched within 30 days. McCrary requested that an appeal bond be set for at least $500,000 in the case.
Even if Clark’s appeals fail — a process that could take up to two years or more — the 55-year-old New Braunfels attorney could do just a quarter of the seven years of hard time he was sentenced to Monday for attempted sexual performance of a child.
In the case of a non-aggravated conviction, Clark could be eligible for parole after serving a quarter of the sentence — and could receive time off for good conduct while in prison.
► NEW BRAUNFELS AIRPORT
City shuts down firm’s fuel depot
Officials say inadequate maintenance creates dangerous conditions
By Greg Bowen
City officials have ordered New Braunfels Aero Services to drain the tanks and to make repairs at its airplane fuel depot at New Braunfels Municipal Airport, saying inadequate maintenance has created conditions dangerous “to human life and public welfare.”
But company owner Sam Adams contends the fuel depot is safe — with only a small electrical repair needed in a fuel-tank overflow alarm system.
Adams said the city’s action is nothing more than additional harassment in a continuing effort to drive him out of businesses and claim all of the fuel sales at the airport.
City Manager Mike Morrison said the issue is safety.
“All we want is for those tanks to be properly maintained so they are safe,” Morrison said. “There’s nothing optional about safety. If this circumstance existed anywhere else in the city, the same action would have been taken. It’s not safe and therefore it needs to be fixed.”
Pilots at New Braunfels Municipal Airport have had two options for fill-ups: They can buy fuel from the city or from NB Aero. Adams, whose family has run NB Aero for four decades, said his fuel sales total more than $1 million per year.
“They’re just trying to put me out of the fuel business,” he said Tuesday. “It’s harassment pure and simple. They want the fuel sales.”
See AIRPORT, Page 6
See CLARK, Page 6
Vol. 158, No. 77
12 pages, 1 section
CLASSIFIEDS COMICS CROSSWORD FORUM OBITUARIES
PLANNER SPORTS TV GRID
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18-MONTH-OLD JOSHUA STILL MISSING
_ LAURA McKENZIE/Herald-Zeitung
Family friends and supporters gather in the back yard of 18-month old Joshua Davis Jr's New Braunfels home onTuesday evening during a candlelight vigil for the missing toddler
SEARCHING FOR CLUES
FBI, Texas Rangers join in quest to find Joshua
By Greg Bowen
The search continued Tuesday for 18-month-old Joshua Davis Jr. of New Braunfels, but with the team leading the investigation—including personnel from the FBI and the Texas Rangers—changing its focus once again.
“Although we are still searching, our primary focus is shifting more towards the investigation aspect,” said New Braunfels Police Department Lt. Michael Penshorn. “We are investigating to find out exactly what happened to Joshua Davis on the evening in question.”
Investigators still have no evidence that Joshua, who was last seen Friday night at his residence in the 2600 block of Savannah Hill Circle, was abducted, Penshorn said.
Jr., 18 months, disappeared from his New Braunfels home. Call (830) 620-TIPS if you have any information. A $5,000 reward is being offered.
“We do not believe that an abduction or kidnapping occurred.”
He said investigators “still believe that he did somehow slip out of the residence undetected, possibly wandering off. But we are also running a parallel investigation looking at other possibilities.”
It was the latest change of focus for the case, which began as a
search-and-rescue mission after the boy disappeared from his home late Friday, and evolved on Sunday morning, after the boy had been missing for two freezing or near-freezing nights, to a body-recovery operation.
Penshorn said searchers are confident that the child is not within the initial one-mile intensive search radius of his southeast New Braunfels residence.
“We’re really confident that we very thoroughly covered most of the areas we were looking at in the initial ground search. If he were within that initial search area, he would have been located by now.” He said the search area was expanded Tuesday out to two miles. Searchers used cameras to
See JOSHUA, Page 9
► DISTRICT JUDGE
State reprimands judge for man's arrest over bathroom confrontation
By J. Louise Larson
When a protective grandfather leaned into a public restroom to call 207th District Court Judge Jack Robison a fool, he had no idea what was about to rain down — for either of them.
Comal County-based Robison has been issued a private reprimand by the State Commission on Judicial Conduct for throwing Don Bendelman into jail back in June 2009 on what he called a “direct contempt order.”
That order issued when court was not in session and without the oversight of another judge — was called “problematic” in an opinion issued by Texas’ Third Court of Appeals, because it didn’t appear to meet standards set by the U.S. Supreme Court regarding true “direct contempt.”
It came back to bite Robison last month, when the SCJC rapped him on the knuckles — albeit privately— regarding the case of Don Bendelman.
The rural Lockhart resident, 71, had never been in jail and never arrested, he said. He retired from a career as a safety instructor with Texas A&M University’s Texas Engineering Safety Service.
In June 2009, Bendelman’s son had a custody hearing at the Caldwell County courthouse, with Robison presiding.
Bendelman’s granddaughter was around 13 at the time. Within 15 minutes, Robison ruled for the girl to stay with her mother.
What Bendelman thought was a hasty decision on the judge’s part prompted him to
See JUDGE, Page 6
Perry says there are no Sacred cows’ in state budget
By Jay Root
The Associated Press
AUSTIN — Gov. Rick Perry declared Tuesday that there are “no sacred cows” in the strapped Texas budget, but he found a few hallowed programs that came close: the ones he uses to reward companies that expand or relocate to Texas.
Perry’s advocacy for the economic development programs, called “corporate welfare” by his critics, stood in sharp contrast to the staggering cuts he has suggested. The governor’s budget proposal, released right after his “State of the State” speech to lawmakers, would slash billions from public schools and state-provided health care, prisons, environmental protection and
With all the proposed cutting going on, lawmakers might find it tempting to slice out Perry’s favored programs. The governor said emphatically Ttiesday that would be a mistake.
“If we pulled the plug on our economic development efforts, no one would be happier than my fellow governors,” Perry said. “We owe it to
our citizens to maintain our com petitive edge.”
Perry wants the Legislature t( keep $150 million in the Texa: Enterprise Fund and is proposinj that lawmakers give $15 million t( the Emerging Technology Fund. H< also is proposing $20 million for th< “film and video game incentive pro gram” that tries to lure technology companies to Texas.
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