New Braunfels Herald Zeitung (Newspaper) - January 26, 1984, New Braunfels, Texas
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Com,jFirst-grader dies of injuries from wreck
By DORIAN MARTIN Staff writer
A six-year-old New Braunfels boy has died from injuries sustained in a three-vehicle accident Tuesday, becoming the first traffic fatality of 1984.
Jason Paul Wenzel of Rt. I, Box 393, New Braunfels, died at 3:12 p.m. Wednesday from multiple injuries at San Antonio’s Methodist Hospital. His body was taken to the Bexar County Medical Examiner’s office for a final ruling.
Funeral services will be at I p.m. Friday at St. Paul
Lutheran Church. The Revs. Jim Hinkhouse and Charles DeHaven will officiate, and burial will follow in Guadalupe Valley Memorial Park under the direction of Zoeller Funeral Home.
The boy’s mother, Linda Wenzel, 34, was released Wednesday from McKenna Memorial Hospital where she had been under observation and was treated for fractures.
The accident occurred at 11:50 a.m. Tuesday on a rain-slickened Highway 46 South. A northbound automobile driven by Mark Pancamo of Pearland reportedly turned into the Diamond Shamrock service station driveway
without signaling. A witness told police that turn was made from near the center of the road.
Alexander Reyes, who also was northbound in a tractor truck, saw Pancamo begin to turn. Reyes pulled the truck to the left and hit the brakes, but skidded on the wet pavement.
The truck crossed the center line and struck Wenzel’s car, which was southbound.
Pancamo was arrested and charged with having a defective turn signal and brake light. Police Department Lt. John McEachern said Thursday he does not anticipate
that charge to change because of Wenzel’s death.
Wenzel was a first-grader at Goodwin Primary School and a member of the Canyon Soccer Gub. Bom on Feb. 8, 1977, he was the son of I^arry and Linda (nee Truett) Wenzel.
He is also survived by his sister, Christi Wenzel; and grandparents, Mrs. Evelyn Wenzel of Zorn, and Mr. and Mrs. Asa G. Cudd of New Braunfels.
The body will lie in state until 11:30 a m. Friday. Memorials may be given to the St. Paul Lutheran Church. New JU* Braunfels
New Braunfels, TexasHerald-Zeituno
Volume 93^ No. 19 14 Pages
THURSDAY January 26,1984 25 Cents
Florida inmate dies in electric chair
STARKE. Fla. (AP) - Anthony Antone. at 66 the oldest inmate on Florida’s death row. was electrocuted today for arranging the murder of a private eye. He was the first person executed since reinstatement of the death penalty who did not kill the victim himself.
Antone was .strapped into the chair and received 2.000 volts shortly after 7 a m. EST.
He was the third prisoner executed in the state and the 12th in the nation since the Supreme Court reinstated capital punishment in 1976.
Antone was convicted in 1976 of first-degree murder for being a middleman in the Oct. 23, 1975, contract shooting death of Richard Cloud, a private investigator who testified before grand juries probing the underworld. He provided the gun and money for the slaying.
He liad been scheduled to be put to death two days ago, but won a temporary stay of execution while his lawyers appealed to the U.S. Supreme Court. The appeal was turned down.
Dressing in black pants and a white dress shirt, Antone had to have his head and lower nght leg shaved to accommodate the death chair’s electrodes.
Prison officials described Antone as "calm but not communicative” after he was told the Supreme Court cm Wednesday night had turned down his
lawyer’s arguments, ruling they had been weighed and rejected before.
Small groups of death penalty protesters gathered in a muddy field across from the prison in a steady drizzle of rain. One carried a sign that read, “Gov. Graham guilty of first-degree murder.”
Protests against the Tuesday execution, which was blocked just six hours before it was to take place, did not draw the large numbers of those surrounding the previous two executions in Florida.
Gov. Bob Graham has signed 68 death warrants since taking office in 1979, including one for Antone that expired during appeals in 1982. Graham said Tuesday, “I believe the time has come to carry out justice.”
Antone did not request a special last meal, but he was offered steak and eggs between 4 and 4:30 a.m., said Department of Corrections spokesman Vernon Bradford.
Antone sought the reprieve from the Supreme Court on grounds that he was a victim of ineffective counsel. The justices by a 7-2 margin rejected the arguments, the third time they had refused to tamper with Antone’s case.
“There are no other forums or issues that we haven’t already tried,” Scharlette Hotelman of the Florida Clearinghouse on Criminal Justice said after the ruling.
Antone's crime—contract killing
TAMPA, Fla. (AP) — Anthony Antone, executed in Florida this morning, was convicted of arranging the contract slaying of a former vice detective who had angered mobsters by his drug investigations.
The victim. Richard Cloud, was gunned down Oct. 23,1975, when he answered his doorbell at home.
Two men accused of being involved in the crime — the tnggerman and the man who allegedly put out the contract on Cloud — later committed suicide in jail
Cloud, despite a reputation of clearing major cases, had been dismissed from Tampa police force after an 11-year career when he refused to take a lie detector test in questioning about allegations of excessive use of police force during an arrest.
Cloud later worked as a private investigator and informant for the FBI and the state Department of law Enforcement, spending about 90 percent of his tune testifying before federal grand juries investigating the underworld.
Authorities said Cloud put heavy pressure on the
drug trade reportedly controlled by reputed mobster Victor Acosta.
Acosta allegedly put out the contract for Cloud, and recruited Antone to do the job. Prosecutors said Antone provided the gun and money for the killing.
Benjanun Gilford, the tnggerman, confessed to the crime. He later committed suicide while awaiting sentencing in a jail cell in Orlando, authorities said.
Acosta also was found dead in a jail cell in Tampa. He died of a drug overdose that authonties ruled suicide
Ellis Marlow Haskew, who testified for the prosecution that Antone arranged the killing, was the dnver of the getaway car. Haskew received a 35-year prison sentence under a plea bargaining agreement.
Antone's defense attorneys say their client was only a middleman in the murder-for-hire scheme plotted by Acosta. They argued that Antone was not at the scene of the clime.Canyon Lake resident seeks Sheriff's post
Another candidate has thrown his hat into the ring tor the office of Comal County sheriff.
Walter Van Auken, 46, of Canyon lake Village West announced he will file around Feb. 5 for the position, held by Democrat Walter Fellers since 1953. Van Auken will run on the Republican ticket.
He wouldn’t explain why he has decided to run. ”1 just have my reasons right now,” he said.
He has six years of law enforcement experience in Wichita. Kansas.
At a get-together for Republican candidates last week, Van Auken said, ”1 know Walter Fellers and I kind of hate to do this, but I know some things that can be improved.” Fellers, first elected in 1962, filed for reelection Monday. There had been speculation that he would step down, but Fellers squelched that last June by announcing that he would seek a ninth term.
Retired highway patrolman Carl Davis also haul filed for the office on the Republican ticket. Davis waa a part-time jailer with the Sheriffs Department whan he announced taal June that he weald run for Sheriff.
Two weeks later, Fellers announced Ms plana and tate Davis to ’’hunt Mm up another
Walter Van Auken
The longtime sheriff lost his first race for the position to incumbent Edo Schleyer in ISM, but defeated him in 1962. He was re-elected In IMS, IMO, 1964,
1911, 1972, 1976 and I960.
Another pose! hie candidate Is former Sheriffs investigator Gilbert Villarreal, who said Tuesday ha was ’strongly considering” getting into the race. Villarreal raalgnad from tbs department Monday.
Fab. • is tbs filing deadline.
r* i_ ^,1 Education needs tax bill
behoot workshop fromLegislature,officialsays
By DEBBIE DeLOACH Staff writer
SEGUIN — Despite the no-show of Education Commissioner Raymon Bynum, the second area school admininistrator and board member workshop was well-attended Wednesday night Bynum accepted the group’s invitation to speak, but had to decline at the last minute to go to New York City. Seguin 1SD school board president Judy Garner said the commissioner sent his apologies, and promised to come speak at a future workshop The first area workshop was instigated and hosted
by Comal 1SD last October. Speakers at that one were Texas Association of School Boards iTASBl executive director Orby Holden and David Thompson with TASB’s legal division.
Thompson was also featured at Wednesday night's gathering, along with Bill Kirby from the Texas Education Agency.
Adnumstrators and board members from at least three surrounding counties listened as Kirby spoke about school finance.
“The whole key to school finances is whether the legislature is willing to pass a tax bill,” Kirby stated very matter-of-factly. "Education has got to
Pathologist changes tune in Jones murder trial
GEORGETOWN (AP) - A pathologist, whose initial autopsy report was a potential roadblock for prosecutors, testified in the murder trial of nurse Genene Jones that she now believes a 15-month-old girl died from a drug and not from natural causes.
Chelsea McClellan died on Sept. 17, 1962, after receiving two injections that were supposed to be routine immunizations. Ms Jones, a nurse in a Kerrville pediatrician’s office, gave the shots Although the murder indictment says Ms Jones injected a powerful muscle relaxant that killed the girl, the initial autopsy report said the girl probably was a victim of Sudden Infant Death Syndrome.
Dr. Kathleen Kagan-Hallet of San Antonio, a neuropathologist, issued that initial decision. But on Wednesday she told jurors she was wrong, and the mistake was due to an incomplete look at Chelsea’s medical history.
“In my opinion,” she testified, “the cause of death ia respiratory arrest which then led to cardiac arrest
have at least a sales tax, possibly combined with a gasoline tax or some type of sin tax Only problem is we just don’t sin enough to keep education afloat.”
He said the State Board of Education will need “|500 million dollars for the next two years than it’s had for the last two years — just to give step raises to teachers and hire the extra units for the extra kids ” Kirby estimated that a $2 billion tax increase would be “appropriate, and by that, I mean, we could give teachers sigmfleant salary raises over the next two years,” he added
See SEGUIN, Page 12Inside
and the death of the child due to succinyleholine ”
On cross-examination today, Ms. Kagan-Hallet repeated that the “death was not related to Sudden Infant Death Syndrome but was due to an injection (rf succinyleholine,”
But defense lawyer Jim Brookshire tried to show that her revised diagnosis was based only on information she had been given by prosecutors Ms Kagan-Hallet acknowledged that the information was given to me by (Kerr County District Attorney Ron) Sutton that tile child may have been injected with succinyleholine."
She said the information she received after her initial diagnosis made it clear to her that Chelsea was not a SIDS victim.
The indictment names succinyleholine as the drug allegedly used by Ms. Jones. Toxicologists have testified here that the drug was found in tissue
See JONES, Page 12
Today will be sunny and pleasant, with a high possibly near 70. Winds will be from the southeast at 5-10 miles per hour Clear and cold tonight, with winds shifting to the northwest around IO mph Friday will be sunny and a little bit cooler, with northerly winds at 10-15 mph
CANYON LAKE .....................6
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Chen Williams of Marble Falls sails through the air during practice Wednesday for the Texas Junior Miss pageant Saturday The acvities start to pick up tonight, as preliminaries are scheduled for 7.30 tonight and Friday at the Civic Center. The main program will be at 7:30 Saturday.
l/)cal businessman Bob Henry, City Coun-cilmember Barbara Tieken and City Attorney John Chunn agree on one point: parts of the SchL.t-.rbahn water slide and luanda Resort are built on dedicated city streets.
What seems odd to Henry, whose family owns both resorts, is that this should suddenly have become a subject of concern.
“It’s always been that way. ever since I bought the property,” Henry told the Herald Zeitung Wednesday. "Council was well aware of that from the time I started the project It was in the master plan (for the Schbtterbahn). That place was built in the daylight.”
Henry took out a $200,000 building permit for the water park in 1978. and said he even invited council members onto the site during construction. He said no one at City Hall ever found fault with his plan, or told him he couldn't build water slides on the undeveloped North Street right-of-way.
Garza and Austin streets, which lead up to Land* Resort, are both marked with gates and "no trespassing ” signs at the property line But city authorities say those streets are also dedicated to public use, all the way down to the Comal River.
Henry' said that situation already existed to some extent in 1966, when he bought luanda Resort and the adjacent Cedar Stockade < now part of luanda Resort > At the time, he said, there was a actually a house built on the Austin Street right-of-way He tore that down, and ended up purchasing some 20 feet of the nght-of-way from the city, at a coat of $500 The rest of the land still belongs to the public, even though it has never been turned into actual streets.
“I'm sure city nght-of-way is being used,' said City Attorney John Chunn “It appears that there are three different tracts of land involved ”
Chunn said he had discussed the matter with San Antonio attorney Cecil Bain, who is representing the Henry family in a federal lawsuit against New Braunfels “I think the city is in the process of pursuing an amicable resolution,” Chunn said Because of the court case, City Manager E S Delashmutt said he wasn’t free to comment on the
See HENRY. Page 12
Right-of-way issue old hat, he says
ByDYANNE FRY Staff writer