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New Braunfels Herald Zeitung (Newspaper) - October 29, 1985, New Braunfels, Texas Heart transplant Nation patients recovering See Page 3A Comal River........... 290    cfs    (same) Wa tar Canyon inflow  924 cfs (down 264) Canyon outflow . . . 926 cfs (down 4,174) INotch Edwards Aquifer  625.34 (down .01) Canyon Lake level .... 911.76 (down .32) Conservatives Texas want Loeffler See Page 7A New Braunfels Herald New Braunfels. Texas Vol. 94-No. 212 T uesday October 29,1985 25 Cents 34 Pages—3 SectionsHurricane Juan avoids Texas coast HOUSTON (AP) — After taunting the Texas coast for two days, erratic Hurricane Juan moved eastward early today and unleashed its fury on southeastern Louisiana. “The worst for us is over," said Bill Patterson, spokesman for the National Weather Service office in Port Arthur. After stalling off the western Louisiana coast Monday, the surprise late-season storm backtracked and moved eastward. Its eye crossed southeast Louisiana’s desolate marshlands near Morgan City about 5 a.m. today. Three people were deH and at least nine were missing, including five men aboard a 100-foot crew boat. At 9 a.m. CST, Juan’s center was about 70 miles west-southwest of New Orleans, the weather service said. It was centered near latitude 30.1 north, 91.3 west, and was reported drifting northeastward at 5 to IO mph. Juan's maximum sustained winds remained at 85 mph with higher gusts in squalls, the weather service said. Hurricane warnings were raised from Port Arthur, Texas, to Mobile, Ala. Gale warnings were in effect from Port Arthur to Brownsville, Texas, and from Mobile east to Appalachicola, Fla. Hurricane warnings could be extended to the Florida Panhandle later today, forecasters said. The weather service also canceled flash flood watches and flood wat ches that had been in effect over portions of Southeast Texas and East Texas, but warned that additional rainfall during the day could cause flooding. “There’s been almost 7V4 inches of rain since Sunday,” Patterson said. “That’s a lot for October, which is normally the second driest month of the year.” The heavy rains and the threat of street flooding Monday morning caused school officials in Orange and Jefferson counties to dismiss schools by early afternoon. The Texas Department of Highways and Public Transportation also closed Texas Highway 87 because of high tides. Officials in the Golden Triangle area took a “wait and see” attitude before preparing to activate emergency services. Only one of IO evacuation centers setup along the Texas Gulf Coast remained open Monday night. Gale warnings are in effect from Port Arthur to Brownsville and east of the mouth of the Mississippi River to Apalachicola, Fla., the weather service said. Forecasters said earlier they were especially concerned about the threat of heavier rains because most of Southeast Texas already has recorded rainfall nearly every day for the past two weeks “This is the greatest threat for See JUAN, Page 7A Man charged with trespassing By DEBBIE DaLOACH Staff writer A 37-year-old San Marcos man was arrested and charged Monday with criminal trespassing, in connection with an Oct. 4 incident involving a pregnant woman in Comal County. Billy Ray Mobley of 518 IJnda Lane, Apt. J-7, San Marcos, has been released from custody on a $2,500 bond. Justice of the Peace Fred Stewart set the bond amount and issued the warrant for Mobley’s arrest, based on a investiation by Comal County Sheriff’s Investigator Kermit Kroesc he. The arrest was made Monday by Warrant Officer Bob Richardson. Kroesche said the victim was unharmed when the suspect walked into her house around ll p.m. on Oct. 4. “He walked in, uninvited, while she was in bed and stood out in the hall,” he added. Smash up □CRVL CLAK* HERALD ZflTONG New Braunfels Police patrolman Robert Owens looks at a Toyota that was involved in a collision with the van this morning at the intersection of Torrey and Lakeview. The driver of the Toyota, Kim Devitt, 20, of New Braunfels, was taken to McKenna Memorial Hospital for treatment. NBHS mascot recovering Mindy I^argent, New Braunfels High School’s “Eunice the Unicom” mascot, is in stable condition at McKenna Memorial Hospital after an accident before Friday’s New Braunfeis-Canyon football game. Largent, a senior, collided with Unicorn wide receiver Claude Portene during pre-game drills and was assisted from the field She was diagnosed as having a concussion and was taken to the hospital. Jim Streety, New Braunfels' football coach, said the accident occurred when {.argent headed toward the middle of the field to take part in the exchange of gifts between the schools' student councils. “She had been down on our end of the field, and she cut across toward the 50(-yard linei,” Streety said “She couldn’t really see where she was going inside that costume, and Claude just ran right into her at full speed.” Portene, a senior, was not injured “The first thing she asked when they got to her was if Claude was OK, Streety said SVHS without water School was cut short for students at Smithson Valley today, due to an electric problem that left the school without water. Sandra Jackson, Comal ISD public information officer, said a transformer belonging to CISD and located on campus was experiencing mechanical problems today. The problems had, in turn, left the water pump on campus without power. “So we’re having a water problem, but ifs really an electric problem,” she said. “We’ve found the part we need in San Antonio, but it will be several hours before water service is restored to the school. “That’s why classes are being dismissed today, but we will have school tomorrow I Wednesday),” she added. Jackson said students were dismissed after second period today, which ends around 10.30 a.m. Guadalupe allows reserves to work at fair Inside CLASSIFIED 14B COMICS 5B CROSSWORD BB DEAR ABBY 6B DEATHS 2A HOROSCOPE 3A OPINIONS_ 4A SPORTS 56A STOCKS_ 8A WEATHER 2A Utilities gets new trustee By SARAH DUKE Staff writer SEGUIN — Guadalupe County Commissioners voted Monday to allow county reserve deputies to work for the Guadalupe County Fair Association next year provided the association pays the county for the reserves’ work. This action came after the Texas Board of Private Investigators and Private Security Agencies received a complaint a few weeks ago that the officers were working for the Guadalupe County Fair Association. During the fair Oct. 11-12 reserve officers were working as security officers. The officers were to have been paid by the fair association. An investigator from the state board informed Guadalupe County Sheriff Melvin Harborth that reserve deputies are not licensed to work for any organization other than the county. Following Monday’s action by the commissioners, the reserve officers will be allowed to work for the fair association and taxing entities in the county. Reserve officers have been providing security at local high school football games. According to the commissioners, the officers will still provide security at games but the school districts will enter into a contract with the county for the services. The school districts will pay the county. The county will then pay the See RESERVES, Page 7AToday's Weather Comal County forecast calls for sunny skies today and Wednesday, becoming fair tonight. Winds will be from the northwest at 20 miles per hour today, decreasing to 5-10 mph tonight and shifting to northerly at 10-15 mph on Wednesday. Highs today and Wednesday should be in the low 80s, with a low tonight in the mid 50sDrive in closing Due to construction, all drive-m lines for New Braunfels Utilities will be closed Thursday through Nov. 20. Payments can be made at the NBU office, by mail or by the night deposit box. By DANA OVERSTREET Staff writer New Braunfels City Council Monday appointed a former Texas Power and Light Co superintendent to the New Braunfels Utilities board of trustees. E.C. Mornhinweg will take over the spot filled by chairman Bill Brown, who declined reappointment for personal reasons Mornhinweg, an electrical engineer, worked for the power company for 35 years. He served 15 of those years as superintendent of generation. In thanking the council for his unanimous appointment, Mornhinweg said he would help tile utilities board “formulate policy that will permit the utility system to operate economically. ’ ’ Also Monday, council appointed five members to the Drainage Board of Adjustment and Appeals. The board will oversee regulations set forth in the city's new drainage or dinance Terms of the members will expire with the ordinance in 1987 Members are M.D. Fischer, a design engineer and contractor; Atanacio Campos, a private citizen; Victor Sponenberg, a retired bridge, road and drainage specialist; Louis Haas, a contractor, and Bobbie Hasert, resident engineer with the Texas Department of Highways and Public Transportation. Also Monday, council: — Approved the recommendation from the Parks and Recreation Advisory Board to have Bechtoi, Hoffpauir and Ehrler conduct a resource management analysis for the parks and the golf course The firm will review existing fees at the pools, picnic tables, and other facilities and will analyze potential user fees and other funding sources for Camp Comal adult softball fields, the Babe Ruth fields, HEB soccer fields and other ballparks See COUNCIL, Page 7A Trial lawyers, prosecutors differ over advantages of amendments By LILLIAN THOMAS Staff writer Editor’s Note: A series of articles ob the state constitiitioaal amendments begins today. Amendments will be taken oat of sequence in groups with common themes. la the first article, Amendments ll, 12 and IS will be examined . All three deal with the criminal Justice system. Local prosecutors and district judges are backing Amendment ll, which will require that any challenge to an indictment’s wording be done before the trial begins. Local trial lawyers oppose the amendment though. “Passage of this amendment would eliminate many of the absurd technicalities which have allowed defendants to be set free because the appellate courts’ inability to be reasonable or logical in their interpretation of the law,” District Attorney Bill Schroeder said. County Attorney Bill Reimer agreed, saying that the amendment means that if the defendant’s lawyer cannot find anything wrong with the wording of an indictment or information before trial, he will in essence be accepting it. “Every voter who has ever gotten angry over criminals getting out on loopholes should vote for this,” Reimer said. “It will do away with letting a convicted murderer go free because the indictment did not specify whether the defendant drowned his victim in coffee, tea or milk.” Local trial lawyer John Chunn opposes the amendment, saying it means the state does not have to follow the law. “Until you sit in the position (rf the defendant, you can’t understand,” Chunn said. “But when it comes to the law, there are no technicalities or loopholes. The state either alleges the specifics of what they are accusing a person (rf, or they don’t." Distrct Judge Robert Pfeuffer who supports the amendment used another example where a defendant had to be reindicted because the indictment did not specify what part of the defendant’s anatomy was used to stomp to death his victim. Chunn pointed out however that even in cases where the defendant will not lose his freedom, appeals are allowed on the grounds that the pleadings are insufficient to support the evidence “What bothers me the most about it is the objections will have to be raised before the trial and perhaps even in a pretrial hearing," Chunn said “It’s about time that the law was as fair to victims as it is to the criminals,” Reimer said. “Plenty of safeguards are already in place for the defendant. If a lawyer overlooks a really essential defect, the See LAWYER, Page 7A Read about Comal County players of the week, Page SA ;

Clippings and Obituaries for the New Braunfels Herald Zeitung