New Braunfels Herald Zeitung (Newspaper) - July 26, 1991, New Braunfels, Texas
July 26, 1991
I iifto B
One Section, 16 Pages
New Braunfels Fire Department employs its ‘Brush 3" fire-fighting truck to extinguish a grass fire at mid-day Thursday on River Road, one-half mile past Opa’s Haus. Officials at the scene indicated a cigarette may have ignited the blaze. (Photo by Annehes Schlickenrieder)
Jury gives maximum sentence
How do sc ains woik?
Ask questions before signing contracts
By ROBERT STEWART Staff Wrftar
The latest untie used by hustlers attempting to take advantage of senior citizens in home repair scams is for the repair person lo get the homeowners themselves to obtain a building penult for the work. District Attorney Hill A. Renner said “That way they can just say ‘hey. i'm just contract labor, the owner of the house is supervising the job'," Reinter said
Reinter encouraged anyone seeking house repairs to get several estimates and clteck out cot mac tors to see if they are reputable “Any legitimate contractor is going to get a building permit himself,” he said.
lf someone suggests that you should get the building permit for repair work on your home there may he a want involved, lie said
Reinter said that there has been talk with the Police Department about establishing a Senior Citizen's Advisory Council to check out contractors and situ* lions before work is done on an elderly person’s home, Senior citizens are assuredly not the only victims of confidence schemes They seem to possess, however, more of the traits which subconsciously the swindler seeks in a victim These traits may present anyone as a desirable “mark” or victim, but they cause the elderly to be particularly vulnerable to certain of the more common schemes, according to a report from the Dallas Police Department,
Elderly persons appear lo be die most vulnerable victims of confidence games because the ultimate concern of swindlers is how much money a victim has Many
elderly persons, although living on a fixed income. have a large savings account, certificates of deposit or access to negotiable securities.
In order to prove theft in the case of a swindler, one needs only to establish the intent to deceive on the pun of the defendant at the time the property was appro pnatcd. according to recent legislation. One of five forms of deception must be proved They arc
• Creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgement of another in the transaction, and that the subject does not believe to be true
• hailing to correct a false impression of law or fact that is likely to affect the judgement of another and that the suspect previously created or confirmed
• Preventing another from acquiring information likely to affect his judgement in the transaction
• Selling or otherwise transferring property without disclosing a lien or other legal impediment to the property.
• Promising performance that is likely to affect the judgement of another in the transaction and that the suspect does not intend to perform.
The intent is determined by showing the victim's consent was induced by one of the five forms of (Ieee pu on
Anyone offered services like home repair should take their time and discuss the matter with family or trusted friends before getting involved
The Planning and Zoning Department of the cay of New Braunfels can he called at 625-3425 to confirm that a person is a licensed contractor
By ROBERT STEWART Staff Writer
A Comal County woman has been charged with attempted murder in the shooting of her husband, said Chief Deputy Wayne Hoherz of the Comal County Sheriffs Department.
Rebecca Walker, 37, of the 1000 block of Rainbow Drive near Bulverde is expected to be arrested today, he said.
Justice of the Peace Precinct 3 Fred Stewart issued the arrest warrant.
Dorm Alan Walker was shot while he was mowing his back lawn in the Ridgcview Oaks West subdivision with a riding mower. He was struck from behind with a small caliber bullet and transported to Medical Center Hospital by Airlife helicopter.
“X-rays indicated that the projectile may be a 22-calibcr bullet,” Criminal Investigator Carl Davis said.
Doctors did not remove the bullet as it was in a non-life threatening position in a fatty arca of the left shoulder.
Davis is continuing investigation of the case, Hoherz said.
In other action, a Canyon Lake man has been arrested by Comal County Sheriff's Deputies on charges of evading arrest, escape and other outstanding warrants. Chief Deputy Wayne Hoherz said.
Dwyne Cain, 20, of the Grandview Bend arca remains in the Comal County Jail in lieu of posting a bond of $5,000 for the evading arrest charge and a $500 bond for escape as set by Justice of the Peace Precinct 2 R.G. “Doc” Blanchard. Other bonds include two $1000 bonds from Victoria for bond forfeiture and failure to appear, officials said.
Cain allegedly evaded arrest when Deputy Larry Eppard was attempting to take him into custody him on the Victoria warrants, Hoherz said.
He is also charged with theft over $20, under $200 for reportedly taking the deputy’s handcuffs when he allegedly escaped. Bond for that charge was set at $300 by Blanchard.
Forecast still holds slight chance for rain
The National Weather Service’s weekend forecast for the New Braunfels area calls for portly cloudy skies with a 30-percent chance of afternoon showers or thunderstorms. A high of 95 degrees aid 15 mph south winds are predicted.
Sunday through Tuesday, there will be a slight chance of afternoon showers or storms with highs in the mid-90s and lows in the mid-70s
About 20,000 daytime and overnight visitors are expected to visit New Braunfels this weekend, the average number for a non-holiday summer weekend with good weather
The Greater New Braunfels Chamber of Commerce’s Convention and Visitors Bureau had vt average of 480 tourist contacts through phone calls and walk-ins Monday through Thursday this week, said bureau Director Jim Scheele Jr.
By ROBERT STEWART Staff Writer
A Comal County jury sentenced a New Braunfels man to die maximum sentence of ten years in prison and a $3,000 fine following his conviction on the third degree felony Thursday.
Thomas Acevedo, 58, of the 2(X) block of E. Camp St. was convicted of theft over $750, under $20,000 in a scam to get money from elderly New Braunfels residents for unnecessary or poor quality home repair work.
He was allowed to remain free on a $ 10.000 appeal bond.
The case involved the home of Beatrice Harden of the 400 block of ferryman rn New Braunfels. City Building Inspector Darnel Pentecost called the work done at the Harden home “worthless ”
“The jury did the right thing,” said District Attorney Bill A. Re inter “Usually when a jury will use their common sense they will do the right thing "
In his summation to the jury, Reinter told them that they didn’t have to leave their common sense behind when they entered the courtroom.
“There’s a pattern here. Acevedo used deception to get money from our senior citizens,” Renner said. “No amount of patter or dance is going to take that away. We’re looking for justice.”
Renner called Acevedo “a thief’ and said that he never got a contractors license because he didn’t want anyone checking his work.
Defense Attorney Bill Schraeder argued that this type of case should be heard ut a civil court ms lead of a criminal one.
“Put this into the civil court but don’t put this into a situation that a man’s liberty is at Rake, he said.”
Schraeder also claimed that the
defendant was not given the chance to make good un a guarantee of his work.
“Senior citizens have a right to a dignified lifestyle and to be protected from having their life savings stripped,” Re in arf said
He said that Acevedo was “a predator who went through town Uke a hunter looking far prey “
In the punishment phase of the mal. Officer John VilUreal testified to the dishonest character of the defendant He was not cross-examined by the
The defense put Acevedo on the stand to say thai he had never been convicted of a felony
Acevedo faces two more indictments involving other home repair jobs
25 Cents Vol. 139, No. 179StammtischBest wishes
The New Braunfels Herald-Zeitung wishes “happy birthday” today to Fabian Caballero Jr., Norma L. Pape, Danny Stephens, Bryan Evans, Mary O’Donnell, Jim Wagner, David Cabello, Anthony Cabello Irene Torres, Barbara McRae, Dawn Pantcr-muehl and Priscilla Sotelo.
Celebrating a birthday Saturday, Aaron W. Schmidt, Valera Walters and Myra Ruth Garrett.
Celebrating an anniversary today, Mr. and Mrs. A.E. Elley,
Know of a birthday or anniversary? Give our receptionist a call the day before at 625-9144 — we’d like to share in the greetings.Republican men
Republican Men’s Club of Comal County will meet 7:30 p.m. Tuesday, July 30 at Guadalupe Valley Telephone Cooperative, IOO Farm-to-Market 3159. U.S. Marshal Bill Jonas will be the guest speaker. All members are urged to attend. For more information call Charles Billings at 512/964-2336.Senior's fundraiser
Aficr six weeks of collecting a host of items the senior citizens arc ready to have their big garage sale all day Saturday and Sunday at the new Senior Citizens Center on Landa Street. Profits will benefit the Senior Citizens Foundation.Candidate forum
Candidates running for the New Braunfels Independent School District board of trustees will participate in |t forum 7 p.m. Tuesday, July 30 at The Education Center, 430 W. Mill St. The forum will be hosted by the New Braunfels chapters of the Texas State Teachers Association and the Texas Association of Professional Educators. Dan Garcia, cornsumer reporter for KMOL television, will be the moderator.Friends for Rivers
Local environmental group. Friends for Rivers will sponsor a I or urn 7:30 July 30 ai Victoria Hank and Trust Annex, 1000 N. Walnut Ave. Rebecca Bernard, associate director of public relations for the Texas Nature Conservancy will be the guest speaker. Steak supper The Eagles Hall monthly steak supper and dance is slated for tonight beginning al 6. Sounds of Country will perform at the dance. Cost is $7 per person.Defensive driving
SCHERTZ — The Schertz Senior Citizens will offer a defensive driving class Sunday, July 28. The class will be from 8 a m. lo 5 p.m. Call 512/655-5467 for more information or to sign up for the course before July 27.
Pack up those books from spring cleaning and donate them to the Friends of the Dmlinger Memorial Library annual book sale. The book sale is slated for Oct. 4 and 5. Take books to the library at 373 Magazine Ave. or call 629-3048 to make arrangements for them to be picked up at your home. For more information call the library at 625 8919.
Bm STAMMTISCH, Raga IGood Day
BEST AVAILABLE MWV
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Serving NEW BRAUNFELS and COMAL COUNTY / Home of N.T. Thibodaux
Warrant issued in murder attempt
Today’s partly cloudy condi-uons should yield a high in the mid-90s and an overnight low in the mid 70s. Winds from the southeast at 15-18 mph could persist through the weekend, bringing with them similar conditions coupled with a slight chance of afternoon thundershowers. Thursday’s high rn New Braunfels was 94 and the overnight low was 73 For more weather information, please see Page 2.
CROSSWORD . ... 3
DEAR ABBY............... 6
RECORDS ... 4
TV IJS TINGS ____________•
SAFE seeks to enlist media in fight
a celebration Ifihey say. ’No We’re not going to withdraw' we have same very specific things planned at that press conference that will be most
By STEPHANIE FERGUSON City Editor
Board members of Securing a Future Environment arc once again asking Lafarge and Systech corporations to back down from seeking permits to store and blan hazardous waste
But this umc the board is soliciting the help of the national media to help put the pressure on Lafvge and its subsidiary Systech Environmental Corp., said Paul Pennington, SAFE board member .
“The way we see it, is this is going to bring some light to the fact that this fight isn’t over,” Pennington said “We think it’s a national story now ”
A three page letter addressed to Michel Edmuni, plant manager of the Lafarge-owned Balcones Cement Plant, was mailed Thursday and copies were circulated to national news publications, prim and broad
cast and state and national politicians “What we’re hoping to do (by notifying the national media) is to bring to the limelight that this is a national problem,” Pennington said “These cement companies are trying to muscle in and exploit the softness of small towns ami their lack of sophistication as a way to ram these projects down the throats of these communities. ”
While under a temporary self-imposed moratorium, Lafarge and Systech corporations are seeking per mils from the Texas Water Commis stun and the Texas Air Control Board to store and bum hazardous waste as fuel at the Balcones Cement Plant located outside of New Braunfels While Senate Bill 1099, passed during the last Texas Legislature, could stop Lafarge and Systech from their plans, attorneys, state agencies and officials currently are analyzing the bill to
determine the true effect.
The letter sent Thursday suites, “Lafarge/S)siech can demons ti ate genuine resolve to be a good neighbor by withdraw mg now SAFE is appeal mg to you lo take a brave and honorable step rn withdraw mg and thereby gaining true respect from the public To do otherwise could have grave and ut tv a si bk influence on future relations with our community In view of the massive local opposition, to continue would show a complete lack of sensiuvity to your employees who make their homes here,
“SAFE requests a reply on behalf of MI the people of New Braunfels by noon Aug 1,1991“
On Aug I SAFE will call a press conference. Pennington said “Tbeic arc three possible answers that Lafarge can give,” he said “One is they can withdraw lf they withdraw the press conference will be
interesting to the community Third thing is they can do nothing ll they do nothing we’ll do the same thing «iy-way.“hesaid
While Michel Ldmont was univ ail able for comment, Reggie Brash or, representing Systech said both corporations warn to continue with the project.
“We consider this letter unfortunate Certainly, we do not agree,' he said “ Lafarge and Systech arc con talent thai once ail the information is public that the people of New Braun fels will have their questions answered and their concerns addressed and accept the project Right now we're rn the maist of an information and education process ”
A! tnt DAI tots
of ms upcoming school, city and
MatswnOri etec&on* stated tor
Aug 10on 1Bof Sundays Herald Ze/tunQ Read about th# «*ue« and th# confusions involved with the elections