New Braunfels Herald Zeitung (Newspaper) - October 4, 1983, New Braunfels, Texas
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jrv-’-V ^5*5^Butler, Holder testimony opens DPS hearing
By DEBBIE DELOACH Staff writer
Testimony continued this afternoon in a temporary injunction hearing brought against the Department of Public Safety by Trooper Robert Butler to fight his recent transfer instructions.
Butler's Sept. 21 transfer to Rockport has been put on hold, thanks to a restraining order by 207th District Court Judge Robert Pf cuff cr. The hearing is for Pfeuffer to decide to extend the order (Butler’s wishes), or dissolve it (the Attorney General Office’s position).
Assistant Attorney General E. Reed Lockhoof is representing DPS Sgt. Jsines Holder, DPS Director Col. Jsmes R. Adams snd the department itself, all named in Butler’s lawsuit. Harris Butler III of Houston is Butler’s attorney.
Only three witnesses took the stand in a full-day of testimony Monday. The proceedings were scheduled to begin again at 1:15 pin., and possibly wind up by Tuesday afternoon.
Butler alleges in his lawsuit that he’s been discriminated against in retaliation for reporting violations of law in good faith to appropriate law enforcement officers, and describes
“He baa isolated himself from the other troopers. His attitude is such that no one else matters.” — DPS Sgt Bob Holder, describing Trooper Bob Butler.
his transfer order to Rockport as “punitive in nature.” He also has accused Holder of conducting a ’’selective investigation” among local law officers that was instrumental in
gaining his transfer from the Austin headquarters.
Sgt. Holder spent most of Monday on the stand disputing those allegations. He testified the transfer “was for the good of the service,” and not disciplinary by DPS policy procedures.
“He has isolated himself from the other troopers. He’s tarnished his reputation with others. His attitude is such that no one else matters. He’s not interested in his fellow men, his peers, and certainly not what his experienced supervisors suggest to Mm to raise him to an effective level,” Holder said. “And finally, I am unable
to supervise him because of his demeanor, attitude and conduct.”
Holder said Butler “takes notes on other people, and saves them for retaliation.” Butler’s attorney asked if why wasn’t that proper if the action was connected to a violation.
“Reporting a violation of DPS policy isn’t creating a problem., if the violation is brought to my attention then, and not one or two years later,” Holder replied.
Getting down to specifics with other troopers, Holder said Butler had rearranged the contents of another's car “just to aggravate.” Butler had also accused another trooper of not
responding to an accident through official channels, accused another of abusing a prisoner, and reported several other troopers for stealing merchandise from the scene of an Aug. 5,1962 car-truck accident
Butler’s attorney also asked Sgt. Holder if he had used his unmarked state-issued vehicle for personal use. “You went to get a hair cut in it last Thursday, didn’t you?
“Hair grows on state tune,” Holder replied.
“What about picking up your son from school in it?"
See DPS, Page SA
Nbw Braunfels, Texas
Vol. 92 - No. 197
TUESDAY October 4,1983 25 cents
14 Pages — 2 Sections
(USPS 377-8801Having a trashy time
Texas inmate to die tonight barring stay
HUNTSVILLE, Texas (AP) - U.S. District Judge Robert Parker today denied a last-minute appeal by lawyers for James David Autry, a condemned killer scheduled to be the ninth U.S. convict to be executed since the death penalty was reinstated in 1976.
Autry, 29, was scheduled to die by injection at 12:01 a.m. CDT Wednesday for fatally shooting a Port Arthur, Texas, convenience store clerk during an April 20, 1960, robbery.
Autry, known to fellow inmates as “Cowboy,” was moved about 7 a.m. today from Death Row at the Ellis Unit to the Walls Unit about 15 miles away, prison spokesman Charles Browd iud.
Brown said Autry was placed in a holding cell just a few feet away from the death chamber and met with Carroll Pickett, the prison's Protestant chaplain.
The U.S. Supreme Court voted 5-4 on Monday to deny an emergency
request by Autry's attorney, Charles Carver, to block the execution. The high court refused to hear the case last year.
The only remaining appeals are before the Texas Court of Criminal Appeals in Austin, UJS. District Judge Robert Parker in Marshall and State District Judge Leonard Giblin of Beaumont, who declined to rule because the same issue is before the federal court.
Parker scheduled a IO a.m. hearing today on the appeal, and Texas Attorney General Jim Mattox said he would not oppose any stay.
lf all appeals fail, Autry could get a 30-day reprieve from Texas Gov. Mark White. But White said he would not make a flea! decision on Autry’s case until all court remedies have been exhausted.
“It looks more and more like it’s going to happen. After six appeals, I think it’s about time,” said Assistant Jefferson County District Attorney
See AUTRY, Page 6A
Husband wounded after family fight
A 41-year-old New Braunfels woman has been charged with attempted murder after allegedly shooting her husband Monday night st their residence.
Lien Thi Carley of 1290 Mary Preiss Blvd., was released from Jail on 95,000 bond, set by Peace Justice Harold Krueger. Her husband, Wesley Carley, was treated and released from McKenna Memorial Hospital for a bullet wound to the right side of his abdomen.
Comal County Sheriff's LL Gilbert Villarreal said the shooting incident erupted from a family disturbance call about 5:25 p.m. Monday. Deputy Dennis Koepp, who aided Villarreal on the call, said the husband told him the incident started with “an
argument in the living room.”
What followed was a chase between the two, with the woman firing a total of six shots from a .38 caliber pistol. “She rinsed bim around the house, firing four shots inside the house. The husband said he broke out a window to escape,” Koepp said. “When he did that, she must have gone around on the outside, because she shot him as he crawled out the window.”
Villarreal said she fired two shots into the house while she was on the outside, but only one bullet hit the
An investigation into the case is continuing by Villarreal and Texas Ranger Ray Martinet.
-DEBBIE DeLOACHRiver cleanup
Volunteers bring in another haul of trash from the Guadalupe River to be loaded into a pickup truck. Thousands of cans, bottles.Higher fees eyed for parksCouncil, advisory panel seeks break for locals
Stmh photo bt John N Sontot
shoes and other miscellaneous items were pulled out of the river during the annual cleanup Sunday.
By DYANNE FRY Staff writer
luanda Park visitors can expect higher fees for picnic spots, pavilion rental and use of other special park facilities. Visitors to Hinman Island may have to pay an admission fee Those who drive to luanda. Hinman Island or Prince Solms parks may soon be paying for a place to put their cars.
Once again, the City Parks and Recreation Advisory Board faces the problem of finding a legal, practical way to raise fees for out-of-town visitors, without penalizing the local citizens who already pay taxes to support the parks In a joint workshop Monday night, the City Council and the parks board decided that luanda Park and the Prince Solms Tube Chute are the focuses of overcrowding in the cit) park system Admission to the Tube Chute itself is controlled by a fence and a 12-per-day admission tee but this has bud the effect of moving a large portion of the crowd upriver to Hinman Island, where admission is free. Once on the river, those people can float down to the Chute, adding to what Qty Counciimember Barbara Tieken fears is an unhealthy number of swimmers on that section of the Comal.
Parks advisor Edward Dedeke went so far as to suggest the city might be better off without the Chute That, in his opinion, is the attraction that has drawn the really unmanageable crowds to New Braunfels Also, the council now believes that the parking problems at Prince Solms East and along Liberty Avenue are brought on by Tube Chute crowds.
“You've hit the 964,000 question,'* said Dedeke But no one seemed too eager to take the Chute out of Clemens Dam Even the Bob Henn family, whose Schlitterbahn Resort is in competition with Prince Solms Park, said that would be a bad idea It would also be impractical to physically limit the number of people coming into the parks, the group decided after almost two hours (rf discussion. The consensus was to “let the free enterprise system handle it,” as Counciimember Donnie Seay put it.
In an open market place, ‘ the more something is in demand, the higher the price goes .. until people find something else they'd rather do." said Seay.
Council members Joe Rogers and Laverne Eberhard agreed the crowds might level out of their own accord, if prices were raised lf not, the higher fees would at least give the city some mone> to clean up after the mob “We are not going to be able to control the crowds the way that we would probably Uke to,’ said parks board member Robert Hamel ‘ What we need to do is find some way to make the crowds pay .”
“And we don’t want the fees to be paid b> iota! citizens," said Counciimember Belt) Dm Rushing. Parks board Sharon Phatr has heard that one
See PARKS, Page 9A
Raging waters / x
“Tucson has effectively become an island,” •aid Terry Conner an Monday, but some routes were later reopened.
Towns along the Gila River northeast of
Death toll rises to 13 as floods rip Arizona townsInside
Today and Wednesday will be pertly cloudy and warm, with highs in the upper-60e. Tonight will be partly cloudy with a IO percent chance of thunderstorms. Winds will be from tho south today at approximately IO miles per hour, becoming light and northerly tonight, and variable Wednesday at 5-10 mph. Sunset today will be at 7:13 p.m., and sunrise Wednesday at 7:31.
Marcos Not Offended
Philippines President Ferdinend Marcos said today he informed President Reagan last Thursday that he wouldn’t bs “ell that offended” by a Reagan decision to cancel a visit to the Philippines.
By THE ASSOCIATED PRESS
TUCSON, Aril.’(AP) - Cloud-bursting rains that forced thousands from their homes snd left 13 dead or missing continued today, threatening to push waters over a dam and spread a sloshing sea of mud to the suburbs of Phoenix.
With damage estimated in the hundreds of millions of dollar* after another day of heavy rain Monday, the National Weather Service warned that another severe storm system could hit tho state on Thursday.
A brief but floret storm Monday afternoon aggravated flooding In southeastern Arizona, said ta bo the worst in a century-Tucson, with many sections already under several feet of water, received nearly half an Inch of rain In Ii minutia.
Interstate ll, tbs main highway covering the ISI milos between Tucson and Phoenix, was cut when flooding eroded land supporting bridge approaches.
Other highway closures meant that
Tucson and east of Phoenix — including Winkelman, Hayden and Kearny — braced for a deluge as the level of San Carlos Lake mounted behind Coolidge Dam while rain continued to fall today.
Ralph Esquerra, chief engineer for the Bureau of Indian Affairs dam, activated emergency plans after the reservoir rose ane foot in lees than an hour Monday, and officials predicted that water would begin slothing through spillways this afternoon.
Tho overflow could hit Winkelman, IO miles southwest of tho dam, by Thursday morning and could reach the outskirts of Phoenix, some IO miles northwest, later Thursday, officials said.
Tucson Fir* Copt. Kevin Keeley said the new rainfall prompted “a lot of hysteria in the community.”
“We lost everything, all our furniture, our
television end stereo and my diamond rings,” said Mary Jane Hoffsmith of Tucson, standing where her family's townhouse had been until the Rillito River washed it sway Sunday. “We just didn’t believe them when they came Saturday afternoon and told us to evacuate. We didn’t think it could do this.”
Lou Parrish, a Tucson developer, saw the Santa Cruz River devour bu 5-month-old, 912 million office complex over the weekend
“A thousand dollars a minute. There's no insurance. I’m done," he said
In Clifton, about 166 miles northeast of Tucson, more than 75 of the town's 300 buildings were destroyed or heavily damaged and the rest were left in a see of cocoa-colored mud four to five feet deep, said Sgt. Baul Sweeney of the Array National Guard.
Police and National Guard helicopters plucked five people from the Gila’s boiling
waters Monday afternoon as the) clung to trees after their four-wheel drive vehicle was swept away while fording the nver near Chandler, south of Phoenix, officials and witnesses said
Another helicopter lifted three children from a sandbar on the Gila moments before it disintegrated, said spokeswoman Jeanette Hall of the Arizona Division of Emergency Services She said she did not know the location of that incident
A body found Monday in the Santa Cruz River, south of Tucson, brought the toll of dead to ll since the flooding began last week Two other people are missing
Thousands of homes and businesses in Tucson, Clifton, Safford, Nogales and Marana remained under several feet of water, and many residents stayed at emergency shelters Col Dick Colson, state emergency services director, said approximately 5,000 people had been evacuated because of the flooding