New Braunfels Herald Zeitung (Newspaper) - January 9, 1985, New Braunfels, Texas
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dallas*First 'dumped body' murder case begins
By DEBBIE DeLOACH Staff writer
The body of Felipe Montemayor Torres was one of five grim discoveries in Comal County last year. The trial of Michael Orosco — the San Antonio man accused of his murder — began Tuesday.
Testimony continued Wednesday morning against Orosco, who stands accused of stabbing 18-year-old Felipe Torres 38 times on May 12. The body was found the next day on
the Sid Weidner Ranch near U.S. Highway 281 and FM1863.
Dr. Roberto Bayardo, chief medical examiner for Travis County, testified Tuesday seven of the 38 wounds were fatal. “Three wounds in the left chest area perforated the chest cavity and punctured the heart. Three more in the left back area and one on the right back area also perforated the chest cavity, so seven were fatal,” Bayardo said.
“Felipe Torres came to his death by massive internal bleeding into the
chest cavity,” Bayardo said, adding it probably took three to five minutes for him to die.
Bayardo used a stuffed shirt to illustrate where most of the wounds were, but he was unable to show the location of what he called “defense wounds" on Torres’ body that occur when a victim is trying to fend off the attacker.
Defense attorney Paul Cedillo asked Bayardo if defense wounds can occur when both parties have knives. Bayardo said yes. “So the possibility
that the victim had a knife, too, is not excluded by defense wounds9” Cedillo prodded, and again Bayardo said, “That is correct.”
Bayardo also testified he believed “the stabbing instrument was a pocket knife three inches in length and 4 to ^ of an inch in width.”
Other testimony Tuesday indicated an open pocketknife and a portion of another knife blade were found at the crime scene, along with a 195 paycheck, a Social Security card and a birth certificate. All were admitted
into evidence, as well as Torres’ bloody T-shirt and his khaki pants.
A chemist for the Department of Public Safety testified human blood was found on the partial blade, but he was unable to determine the blood type. Holes in the clothes were also compared with the knife blade, many of which were compatible. The only hole the blade wouldn’t fit into was in the right pant leg.
The body was discovered by Sid Weidner around 5 p.m. on Mother’s Day. “It wasn’t far off the driveway.
It caught the corner of my eye, but it couldn’t be seen from 281,” Weidner testified.
Torres’ brother-in-law. Robert Anderson, testified the last time he saw Felipe alive was on the morning of May 12. He said it was about 9 a.m. when Orosco and Julian Mesa came to his house, asking for Torres.
“Felipe told me he owed Mike about |30, so we went to two stores and tried to cash his paycheck. They
See TRIAL. Page UA
Reagan on the tube
WASHINGTON (AP) - President Reagan’s news conference is scheduled to be broadcast live tonight by ABC, CBS, NBC and the Cable News Network starting at 7 p.m.
The news conference is expected to last 30 minutes.
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January 9,1985 25 Cents
24 Pages —2 Sections
Talks had close call
GENEVA, Switzerland (AP) -U.S. officials fanned out today to brief world leaders on the agreement to resume arms control talks with the Soviet Union, an agreement the Americans said was nearly derailed by a Soviet walkout.
No date or place has been set for the negotiations, which the two sides — in a joint statement issued late Tuesday — said would be aimed at “preventing an arms race in space” and “the complete elimination of nuclear arms everywhere."
The agreement came after two days of discussions between Secretary of State George P. Shultz and Soviet Foreign Minister Andrei A. Gromyko, along with top aides, at the U.S. and Soviet missions in Geneva.
Shultz, before leaving for
Washington this morning, made no comment but gave a “thumbs up’’ sign. Gromyko, who left for Moscow 45 minutes later, read a brief statement in English in which he spoke of the “immense tasks” that lie ahead for the two superpowers.
“There is no need to speak at length that the talks were not simple,” said Gromyko, adding that the Soviet Union “will go its part of the road fully aware of the responsibility shared by the two great powers.” President Reagan, interviewed by the Dallas Morning News shortly before the agreement was announced, was quoted as saying, “It sounds very good ”
The agreement to reopen nuclear arms negotiations, which the Soviets
Bee TALKS, Page UA
Legislators paint gloomy financial picture
AUSTIN (AP) - Legislators gathered for a second day today after hearing gloomy predictions about the state government’s money woes and a list of other key issues that will command their attention this year.
House Speaker Gib I*wis urged lawmakers to avoid raising taxes, while Sen. Hay Farabee, new president pro tem of the Senate, cautioned that the state faces tough choices.
“We will do with what we have, or we will do without," l.ewis vowed as the 69th legislature opened its 1985 session .shortly after noon Tuesday.
“Texas is at a crossroads, and we must decide whether to continue or terminate programs created over the past IOO years,” added Farabee, D* Wichita Falls.
lewis, a Fort Worth Democrat first elected to the House in 1971, noted that state Comptroller Bob Bullock has estimated that the $36.6 billion in state revenue expected for the 1986-87 biennium will fall $1 billion short of what is needed to pay for state government services at 1985 levels.
“It is my intention, with your help, to (adjourn) this session with an appropriations bill on the governor’s desk that is within the available revenues of this state,” he told colleagues.
“We will have to demonstrate beyond a doubt the truth of the statement that biggest is not always best and this goes double for state
See TEXAS, Page 11A
Election contest thrown out
Edmund Kuempel (left) listens to discussion during the hearing this morning
.contest tossed out
By PATRICIA YZNAGA KING Wire editor
AUSTIN — A special committee this morning unanimously overruled District 46 Democratic candidate George A. Bigley's petition to contest the general election.
Bigley, a New Braunfels resident, contested the election of state Rep Edmund Kuempel, R-Seguin, as representative of the district District 46 includes Comal, Guadalupe and Kendall counties.
Kuempel beat Bigley in November’s general election by more than 21,000 votes, or a 3-1 margin.
Bigley said he contested the election because of alleged voting improprieties which gave Kuempel more votes. He also said that alleged contributions to
Kuempel's campaign has affected
Kuempel’s voting record
Bigley said if the allegedly improper votes were thrown out of the election, he would beat Kuempel.
“I beat him 2-1," Bigley said.
Bigley explained that his campaign was hurt by several groups in the district that campaigned against the Democrats He added that a rally held at a Catholic church in New Braunfels hurt the Democrats by saying Democratic presidential candidate Walter Mondale was dying and taking drugs to stay alive. Bigley also stated that the U.S. Postal Service refused the deliver mail to his garage apartment and delivered them instead to a friend of Kuempel.
After the committee heard Bigley explain his reasons for tile contest, committee chairman
LESLIE KRIEWALDT HERALDitlTUNG
Steve Wolens, D-Dallas. suggested that Bigley’s context he overruled and recommended that there be no arguments on Hie House floor about the contes! by representatives of either party.
Although the committee agreed that Bigley filed his contest papers on time and through the proper state channels, “it is my opinion that you have not stated any legal grounds to contest the election," Wolens told Bigley, .several times this morning
At one point. Bigley asked Wolens if he was a Republican. After a long fiause Wolens said he was a Democrat Bigley thin asked Wolens if he was “for Kuempel.” Wolens said he would not allow Bigley to examine any underlying motiviations of tho committee member*, real or
See CONTEST, Page H A
Planners pass FM 306 zoning plan after debate on industrial areas
By DANA STELL Staff writer
The first step is to annex the land. The second step is to place some sort of zoning classification on that new city property.
That’s what members of the Planning and Zoning Commission did Tuesday night with one of the more controversial tracts of land taken into the city in September
After much discussion on the merits of zoning for heavy industrial use versus the advantages of zoning for light industrial use, members of the commission decided on a suggestion to City Council.
Most at the 374 acres in the industrial area on FM 306 will be recommended for M-2 zoning, or heavy industrial. Commission voted, four-to-two (Jan Estes and Joe Hartigan voting against), for M-2 zoning for the area between the northwest boundary of the Coleman Company property eastward to IH 35. The property on the north side of that boundary will be recommended for M-l zoning.
The industries in the area were •aked to submit their zoning requests
one of two 'no' votes
to the Commission. “One wants M-l, one wants M-2, and you go back and forth," said Commission chairman David Hartmann.
“It is time we establish an area that is industrial so landowners can be aware of industry and the possibility of heavy industry,” he continued. “So there will be no bones of contention in the future in terms of residents that may go in that area.’’ Estes maintained that she is against "blanket M-2 zoning because M-2 is the dirtiest industry.” Commission members S D. David Jr. said the tracts in the FM 306 area are not large enough to attract a large number of heavy-industry businesses, and pointed out that the Coleman Company — a “clean" industry — itself had requested M-2 zoning
Commission also agreed to recommend to Council that the Oak Run Subdivision at Texas 46 North and l>oop 337 be zoned as it was originally planned.
The subdivision was planned while still in the city’s extra-territorial jurisdiction, and was annexed in
See PLANNING, Page UA
Pipeline falls under patchwork statutes
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Skies will be mostly cloudy today, carrying a 30 percent chance of rain, and a high of 65 It
will turn cooler tonight with a 20
percent chance of showers and a low near 32. Expect cloudy and cold weather tomorrow, with a
high near 55
By ULLIAN THOMAS Staff writer Editor’s note: This is the second part of a three-part series on the All American Pipeline that will bring crude oil California over the Edwards Aquifer recharge some in Comal County to Freeport The first installment addressed the problem of how a spill would be handled This article will (leal with the crazy-quilt environmental regulations that apply to the project and how the company has responded to them,
When Celeron Corp first gave birth to the All-American Pipeline Co. in June, 1983, the first route from Santa Barbara to the Texas coast had envisioned hooking up to an existing pipeline in McCamey.
“We knew that perhaps the El Rancho Pipeline (from McCamey to Houston) would not accommodate all of the crude we wanted to send perhaps a year before the Environmental Impact Statement was filed,” Hon Hinn, vice president and project manager of the pipeline company, said Bill Collins, environmental coordinator with the Bureau of land
Management < aliform* in ,ei District office (the lead agency ft the majority of the project) said « that lune another pipeline hoi McCamey to Freeport was prop* ,ei But since the permitting process vil the Bureau of I*ind Management *< so fat along and amending the ai plication to include the Texas portk would mean slatting aU over, h agenev and the company * struck deal.”
“We would allow the company! go on with the application, and iii mention the pipeline extension tx McCamey as a possible alternat)! but tile company would have J produce an uuti*UwMW av#*. oilier another environment.*?* aonmi it Collins said
<An eiivii onmental imp# statement, os required b> fe *r law, indue* everything from a cheoiugicai sites that might I damaged to the effect on water**; and endangered species. The m pany only pays for the document, b Hie federal agency choses a comp* to prepare it.)
Hum, on the other hand, in the fi