New Braunfels Herald Zeitung (Newspaper) - March 14, 1985, New Braunfels, Texas
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Nm Braunfels. TexasThursday
March 14,1985 25 Cents
18 Pages —2 SectionsMurder suspect jailed without bond
By DEBBIE DeLOACH Staff writer
One of two San Antonio men charged with capital murder in the execution-style shootings of five Mexican nationals on March 7 is in custody without bond today, while the search for the other suspect continues.
Comal County Sheriff’s Lt. Rudy Rubio said Rudy Hernandez, 35, came along peacefully when officers surrounded a mobile home in Atascosa County, just south of San Antonio, at about 7 p.m. Wednesday. Die arrest was made by officers with the San Antonio Police Task
Force, a deputy with the Atascosa County Sheriff’s Office, and Texas Ranger Al Quellar at a residence near Poteet, Rubio said.
Hernandez was transported from San Antonio to the Comal County Jail by Rubio, Investigator George Gonzales and Texas Ranger Ray Martinez.
Peace Justice Fred Stewart ordered Hernandez held there without bond.
Meanwhile, authorities continue their search for 19-year-old Garibay, who was still at-large, as of presstime today.
Hernandez and Garibay are charged with capital murder in last week’s shootings of five Mexican nationals on a hillside off FM 1863. The two suspects allegedly offered the five men, who had crossed the border earlier the same day, a ride from San Antonio to Denton for a nominal fee.
Robbery has been pegged as the motive for the shootings, which left one man dead and four others wounded. All five were robbed and shot, then left to die on a hillside off FM 1863 about five miles from U.S. Highway 281 East.
The dead Mexican national was identified as Victor Manuel Serrano Cervan, 20, of San Luis Potosi, Mexico. An autopsy on his body showed he had been shot once in the upper chest, and three times in the throat-neck area.
Two of the wounded, 20-year-old Rafael Negrete Perez (also listed as Nunez) and 16-year-old Adolpho Mata (also listed as Arviso), have since been released from Northeast Baptist Hospital in San Antonio.
At Medical Center Hospital today, Genaro Coronado, 18, was listed in good condition, while the condition of Juan Jose Ramirez, 19, was listed as fair.Grand JuryLocal man indicted for murder
John W I*cas, charged with the Jan. 14 murder of a New Braunfels man, was among 15 individuals indicted by a Comal County Grand Jury Wednesday.
l^ecas, the owner of Advanced Satellite on luanda Street, was indicted for the murder of Jerry Scarborough. 35, of 375 Lockener, at his shop on Jan. 14. Scarborough was shot once in the chest with a 38 caliber weapon.
A witness and other reports indicated the two men were arguing before the shooting, but no specifics have yet been released by New Braunfels police.
Arthur Rangel, 24, of 815 Afterglow, San Antonio, was indicted for aggravated kidnapping, in connection with the abuction and sexual assault of a 20-year-old New Braunfels woman on Feb. 9.
The victim’s car was allegedly forced off U S. Highway 281 by a small pickup, driven by Rangel, who approached her car and asked for help. When she rolled down the window several inches, he stuck a knife through the opening and forced his way inside the car.
The woman was stabbed once in the chest when she tried to reach over and honk the car's horn for help. She was then taken to a wooded area near Encino Park, where she said she was sexually assaulted by her captor.
See GRAND JURY. Page 16A
Senate panel passes Social Security freeze
06RVL clark herald zeitunc
Shelley Eoff (right) washes her4iog with the help of Amy Duran in preparation for the annual Comal County Youth Fair. Both are members of Canyon Highs Future Farmers of America chapter Show entries -four-footed and otherwise are due in today, and with most of the judging today and Friday.
WASHINGTON (AP) — The Senate Budget Committee is backing a no-new-taxes plan for reducing federal deficits by $55 billion next year that includes a freeze on Social Security benefits and hefty cutbacks in the nation's military buildup.
The impasse-breaking proposal was approved by the Republican-controlled panel late Wednesday on a party-line 11-9 vote.
The committee endorsed a freeze on most government spending at current levels while agreeing to a number of deeper cuts it had previously rejected — including sharp cuts in funds for Amtrak, student loans, mass transit and urban development programs.
Democrats on the panel expressed skepticism with the plan, claiming higher taxes might still be needed to meet deficit-reduction goals.
“It’s a fraud ... a game you’re playing," declared Sen. Ernest F. Rollings, D-S.C. “You know you can’t do it without some (increased tax) revenues. "
But Republicans hailed it as a breakthrough, coming only hours after the committee seemed hopelessly deadlocked as it rejected one plan after another, including the president’s 8974 billion budget — unpopular for its large increases in military spending and its heavy domestic cuts.
“We have a lot of work ahead of us, but at least we're on the right track," said Committee Chairman Pete V. Domenici, R-N.M., architect of the plan calling for $966.1 billion in spending in the fiscal year that begins Oct. I.
The committee ignored the president’s plea not to freeze Social Security benefits as part of the deficit-reduction package.
Instead, its action would cancel cost-of-living benefits due for 35.5 million Social Security recipients next January. Democrats said they would fight this move on the Senate floor.
The committee was to meet today to nail down specific program cuts to match the broad outlines adopted Wednesday night. It must do this before the measure can be sent to the Senate floor.
The budget is not actual legislation in the sense that it must go to the president for his signature, but it sets spending targets for congressional committees to abide by in voting to appropriate funds and authorize programs for the entire government.
Earlier Wednesday, the president all but dared Congress to send him a tax-increase bill in a speec h to a
Budget Committee Chairman Pete Domenici is the architect of the compromise spending plan passed by his committee on an 11-9 vote. “We have a lot of work ahead of us, but at least we're on the right track,” he said.
group of businessmen at the White House. Borrowing a threatening dare by actor Clint Eastwood in the movie “Sudden Impact," Reagan challenged lawmakers to, “Go ahead, make my day."
The budget panel earlier in the week rejected two Democrat-sponsored proposals for increased taxes on corporations to help meet deficit-reduction goals.
Domenici said his anti-tax plan would “touch almost every element of government," cutting nearly $300 billion from spending over three years and reducing the deficit by roughly half by 1968 — to just over $100 billion.
Eleven of the committee’s 12 Republicans voted for the plan. Republican Sen. Charles Grassley of Iowa, who wants even deeper cuts, voted “present."
Of the panel’s IO Democrats, nine voted against the plan and one — James Exon of Nebraska — voted present.
As Domenici outlined it to the committee, the plan would:
—Cut an additional $400 million from the $21.1 billion reduction in Reagan’s military buildup already approved by the committee.
—Embrace Reagan’s proposals to terminate the Economic Development Administration, the Appalachian Regional Commission and the rural housing program.
—Freeze for one year Medicare payments to hospitals
See BUDGET, Page 10A
The state rests
Chemists, firearms expert end Port prosecution
The state rested its case against David Port at ll this morning, ending seven days of testimony from police, expert witnesses and a Houston wrecker driver.
Port, 18, im charged with the June 7 murder of 23-year-old Schatz, who disappeared while delivering mail to the Port's affluent neighborhood. Two days later, police discovered the carrier's body concealed by a line of trees near Cypress Creek off Highway 290
Judge I D. McMaster recessed the proceedings until 2:30 today to “take up numerous matters of law" before the defense can begin calling any witnesses, if there are any.
In testimony this morning,
firearms examiner Charles Anderson said his tests could confirm one of two bullets removed from Schatz’ head was fired from a .22 caliber pistol, recovered at the Port home on June 8 prior to David's arrest. An autopsy revealed Schatz was shot three times in the head, two of which were fatal in nature.
A chemist testified Wednesday that blood found in the David Port home and his car could have belonged to Debora Sue Schatz, the mail carrier Port is accused of killing last June.
“But you can’t analyze blood stains and say they came from any particular person. Ail you can say is they didn’t come from a certain individual," defense attorney Jack
Zimmermann said Wednesday during Port’s murder trial.
Chemist Sandra Denney, formerly with the Houston Police Department, said, “That is correct."
Port, 18, is charged with the June 7 murder of 23-year-old Schatz, who disappeared while delivering mail to the Port’s affluent neighborhood on June 7. Two days later, police discovered the carrier’s body concealed by a line of trees near Cypress Creek off Highway ‘290.
Denney said she performed tests on blood stains found on carpets, floors and paper towels at the Port home, the defendant’s clothing, and other items of evidence gathered from the trunk of his car and where
the body was found on June 9. Much of the blood was contaminated by heat and moisture, but she was able to determine it was all human blood, displaying genetic markers similar to those found in Schatz’ blood.
But Zimmermann was quick to point out that 23 of IOO people could have the same combination of genetic markers as Schatz.
Denney replied, "In this case, since her markers matched, she could be one of those 23, but the defendant could not."
Denney also said she ran no tests to determine the blood type of Port’s father, Bernard, or his step-mother,
See PORT, Page 10A
Students get holiday Friday
Both Comal and New Braunfels school districts will let their students have a holiday to participate in the Comal County Youth Show Friday.
Teachers at New Braunfels ISD will have a work day, though.
Students at Sts. Peter and Paul Catholic School will also have Friday off.
Hog judging and sifting will start 5 tonight with 242 hogs and 24 breeding gilts entered, Doris Nell
Voges, with the Junior livestock Association, said.
Other animals will be judged Friday. Also the Homemaking division will be judged Friday with the auction beginning at 6 that night.
Die fairgrounds will open to the public noon Friday and the livestock auction is scheduled for 1:30 p.m. Saturday.
Then the Horse Show will begin 9:30 a.m. Sunday.
Central tax collection backed by county
By LILLIAN THOMAS Staff writer
Comal Commissioners unanimously passed a resolution backing the centralized collection of taxes in Comal County in a roll-call vote Wednesday.
The item was on the agenda before a city councilman asked that coordinating tax collection be put on the agenda of a city-county work session to address common areas of services.
"Since Councilman (James) Goodbread has been asked that this be put on that workshop agenda, maybe we should wait on this resolution when we have more details and can issue a joint resolution with the city," County Judge Fred Clark said.
Other commissioners felt that the county ought to go ahead and make
See COUNTY, Page UA
The new eligibility requirements for extracurricular activities have taken the motivation out of the activities instead of adding motivation for high school students. See David King’s column, Page 7A.Practice, Practice
Canyon inflow Canyon Dam outflow Edwards Aquifer Canyon Lake level
266 cfs, lop 16) 564 cts (up 93) 800 cfs (down 50) 6?4 44 (down OI i 903 59 (up 021Today's Weather
Cloudy skies and cool temperatures will prevail into the weekend, with a 50 percent chance of showers today, increasing to a 60 percent tonight an Friday The high both days will reach the mid 60s. Yesterday’s high was Bl and this morning’s low was 50. Sunset today will be at 6:39 and sunrise tomorrow will be at 6:41 Overnight rainfall measured 1.37 inches at Canyon Lake and .77 inches at KGNB-KNBT radio station on Loop 337.
New Braunfels’ Usa McKinms has discovered that a little extra practice can go a long way during the 1985 track season. Thursday Special. Page 7A.
CANYON LAKE 3B