New Braunfels Herald Zeitung (Newspaper) - March 26, 1985, New Braunfels, Texas
410 MO53 MICR0PLEX INC. MITCH WOMBLE P.O. BOX 45436 DALLAS> TX 75245
New Braunfels. Texas
Vol. 94-No. 61
March 26,1985 25 Cents 14 Pages
A cry of 'murder'
Dying serviceman refused medical aid, U.S. charges
HEIDELBERG, West Germany (AP) — The Soviet sentry who shot and killed a U.S. Army officer in East Germany prevented the dying man’s driver from answering his cries for help, and the Soviets withheld medical help for an hour, U.S. officials said.
Soviet and U.S. officials traded accusations and official protests on the incident Monday, a day after the Soviet guard killed Maj. Arthur D. Nicholson Jr. near Ludwigslust, an East German town about IOO miles northwest of Berlin and 30 miles from the West German border.
The State Department charged that the shooting was murder. President Reagan said he was “shocked and saddened" by the in
cident and added Nicholson was not spying and violence was not justified.
But Reagan said that rather than cooling his desire to meet the new Soviet leader, Mikhail S. Gorbachev, the shooting made him "more anxious" for a summit meeting.
Defense Secretary Caspar Weinberger said in Luxembourg today the shooting was “very reprehensible." He spoke to reporters as NATO defense ministers opened a regular conference on nuclear weapons planning.
Nicholson, 37, a native of Redding, Conn., is survived by his wife Karyn and a daughter, both living in West Berlin. His body, which had been turned over to U.S. authorities in West Berlin, was flown late Monday to the U.S. Air
Base at Rhein-Main, outside Frankfurt. There was no word on when the body will be returned to the Uni ted States.
Ed Harper, a spokesman for the U.S. diplomatic mission in West Berlin said today that Reagan called Mrs. Nicholson to offer his condolences just before her husband’s body was put on a plane for Frankfurt. Officials said Nicholson’s body was undergoing an autopsy in Frankfurt.
The Army announced the incident Monday in a brief statement from its European headquarters in Heidelberg.
The Soviet Embassy said Nicholson and his driver, Sgt. Jessie G. Schatz, were in a restricted zone and entered it "despite the
presence of clearly visible warning signs in Russian and German." The Soviets said their guard fired when Nicholson tried to flee and that other soldiers captured his driver, who was at their vehicle nearby.
The Army said Nicholson spoke fluent Russian.
"The officer was caught red-handed by a Soviet sentry guarding that equipment," said the statement by embassy spokesman Vladimir Kulagin, issued in response to press inquiries. "He did not comply with his orders and, after a warning shot, while attempting to escape, he was killed."
U.S. officials said Nicholson was 300 to 500 yards away from any restricted area.Dog trial scratched after plea
A last-minute plea bargain in the case of the noisy pit bull terriers stopped a jury trial before it began Monday morning .
The defendant has IO days to decide whether to appeal to the state’s Court of Appeals the constitutionality of the charges against her.
Before jury selection began in County Court at I.aw Monday, defense attorney Albert Pena of Corpus Christi accepted an offer from County Attorney Bill Renner that Viola Gonzales plead on two of four barking dog complaints The remaining two charges were dismissed
The two convictions carry a fine of $105 each, said Renner. “What it amounts to is two convictions, but they end up paying four times as much," he said.
Gonzales took her case to the County Court at l-aw after a Dec IO municipal court decision, which charged her with paying four $25 fines.
On that date. Judge David Perkins ruled that Gonzales violated the city's barking dog ordinance on four occasions.
Perkins found Gonzales not guilty, however, of violating the city’s ordinance prohibiting more than four adult dogs at one residence. Perkins said testimony at the Dec' 6 trial and the evidence did not match.
When the citation was issued to Gonzales on Nov. 16, said Bruce Boyer, who prosecuted the municipal case, he was told there were six dogs in the yard. But testimony indicated there were only five dogs
Neighbors had charged that Gonzales owned at least 12 noisy pit bull terriers, which led the area's residents to fear for their safety.
In November, after pressure from residents of the Garza Street area, City Council passed an emergency ordinance limiting pet owners to four dogs per residence
Gonzales appealed the judge's decision on the barking dogs and one of Pena’s pre-trial motions was that there be four separate jury trials to hear the appeals Reimer asked that the cases be consolidated for the convenience of the defendants, witnesses, and jury' members.
"Essentially, they were going to go to the See DOGS, Page 14
Neighbors help ax Mesquite rezoning
By DANA STELL Staff writer
Almost 50 neighbors opposed rezoning of 35 acres on South Mesquite, and their united voice made its presence known to City Council Monday night.
Council unanimously denied a request from Donald K Ryckman and Associates of San Antonio to rezone property between South Mesquite and the planned Walnut extension.
Council’s denial of the first reading of the rezoning ordinance kills the proposal.
Planning and Zoning Commission on March 5 agreed unanimously to recommend that Council not grant the zoning change request. Ryckman had proposed C-l (local business) zoning on both sides of the Walnut extension and rn an opposite corner for garden office complexes. He planned R-3 (multi-family i zoning for the rest of the property for apartments.
But the area’s residents didn’t want commercial property and apartments so close to their residential area. And 45 of the 59 property owners notified of Ryckman's intentions signed a petition pointing out IO reasons they opposed the re-zonmg.
"This represents 83 percent of the involved people," said Frank Witting, Sunrise Street resident and the spokesman for the group. "I ask that you deny this request."
Council also Monday approved the first
reading of ordinances zoning property annexed into the city in September.
Planning and Zoning Commission had recommended for FM 725 an R-l (smgle-family) zoning from County Line Road to Klein Road and C-3 (commercial) zoning for Klein Road to the new city limits.
Planning director Mike Shands said the Commission agreed to the commercial zoning because of the extensive development in the area. "They felt C-3 was the best recommendation they could make at this time," Shands said. Because of “the intensity of the uses that already exist and the anticipated uses prior to annexation."
The newly-annexed strip 7,100 feet west from the entrance to T-Bar-M was given the nod for R-l (single-family) zoning on first reading.
Planning Commissioners said there is adequate commercial zoning north of the city, and. because there is no commercial use in the newly-annexed area, they asked for residential zoning.
The zoning ordinances must be approved two more times by Council.
Council did grant final approval to ordinances re-zonmg two other recently-annexed areas — 300 feet on both sides of IH 35 North two miles from the old city limits is now M-l (light industry), while the strip 300 feet on each side of Texas 46 East is now C-3 (commercial).
See COUNCIL, Page 14
City OKs room tax formula
The good earth
Joyce Kolodzie works on getting her glove*, dirty while planting periwinkles in Landa Park. She s part of the New Braunfels Garden Council's "adopt-a
DERY! CLARK HERALD ZElTUNG
flowerbed" project, designed to add spring colors to the park. Shes planting the flowers in the Aquatic
After deciding that a 5 percent contingency fund will be spent during the contract year, City Council Monday night approved the distribution of the Arts and Cultural Commission’s share of the hotel-motel room occupancy tax.
The Commission this year will receive 20 percent of the local room tax, but decided earlier this month to allocate 15 percent of that money to eight arts groups and retain the other 5 percent for contingency.
Council said Monday the contingency fund will be called a "special projects" fund. The money will be available for arts groups already receiving room tax funding or for
arts groups that did not apply for money.
Arts Commission chairman Mike Walker has called an April 2 workshop at which time his group will discuss how to distribute the 5 percent special projects fund.
Meanwhile, Council approved the allocation schedule as recommended by the Arts Commission — Mid-Texas Symphony, 4.5 percent; Circle Arts Theatre, 4.5 percent; New Braunfels Arts Council, 2.5 percent; New Braunfels Art League, 2 percent; Comal Independent Men’s Association dance group support, .75 percent; German Folk Dancers, .5 percent; Texas Junior Miss, .25 percent.
By DEBBIE DaLOACH Staff writer
Not everyone applauded a $16.9 million bond issue proposed by Comal 1SD Supt. Bill Brown at Comal Elementary Monday night.
But that didn’t daunt Brown, who ended his presentation this way: "Nothing is set in concrete yet. I said that in the beginning. I’ve accomplished what I wanted to do tonight. I got people thinking, so now
$17.9 million bond issue debated, dissected by CISD
we can get down to business."
Trustee Erwin Lehmann said his biggest concerns were discrepancies between athletic facility improvements for the district’s two high school campuses and the lack of kitchen facilities at Bulverde Elementary, which would become Bulverde Primary once Smithson Valley High School was converted into a junior high campus.
Currently, food is prepared at Bulverde Middle School and then
transported to Bulverde Elementary.
“There’s still no cafeteria at Bulverde Elementary, and thats been a thorn in everyone’s side for years," Lehmann said. "I think we need to look at that."
"A new Smithson Valley High School is shown as $7,700,000, and that doesn’t include athletic facilities or land cost," Lehmann added. "But you’re proposing a $2 million improvement in athletic facilities at Canyon. Come on, Bill.”
Trustee Carter Casteel said the concept of building a new high school to serve the Smithson Valley area was only two weeks old She also said the board wants the two high schools to be as equal as possible.
Architect Mike McChesney said he was not given much direction on the new SVHS concept, so he based the $7 million figure on a 1,200-student facility that included everything but
See CISD, Page 14
Local man killed in Hays County crash
A 28-year-old New Braunfels man was killed Monday afternoon in a one-car rollover on Hunter Road, about .7 (rf a mile south cf the San Marcos city limits sign.
Michael Scott Hamel of Route 6,
Box 697, New Braunfels, died when the 1963 Oldsmobile he was driving rolled over and pinned part (rf his body underneath the car. He was pronounced dead at the scene by Hays County Peace Justice Macel
Funeral arrangements for Hamel are now pending at Zoeller Funeral Home.
Department of Public Safety Trooper Randy King said the two
passengers, James Lakey Jr., and James Hutcherson, were treated at the scene by Emergency Medical Service personnel for various in-
See WRECK, Page 14
Comal River Canyon inflow Canyon Dam outflow Edwards Aquifer Canyon lake level
274 cf# (down 8) 632 cfs (down 10S! 866 cfs (up 16)
624 93 (up 02) 904 12 (down 04)
The San Antonio Gunslingers’ offense was AWOL Monday night, and a fine defensive effort went down the drain as a result. The Denver Gold beat the Gunslingers, 16-2, dropping their record to 1-4. Sports.
It will be mostly cloudy through tonight, becoming partly sunny on Wednesday. There is a 20 percent chance of thundershowers today and tonight. The high today will be in the upper 70s, low tonight in the mid 60s, and a high of 80 on Wednesday. Winds will be from the southeast at 15 miles per hour today and Wednesday, decreasing to IO mph tonight. Sunset will be at 6:45 p.m., and sunrise Wednesday willbeat6:27 a.m.