New Braunfels Herald Zeitung (Newspaper) - September 29, 1983, New Braunfels, Texas
Trooper wants to stop transfer to Rockport
By DEBBIE DeLOACH Staff writer
Comal County Department of Public Safety Trooper Robert Butler has secured an injunction hearing Monday to prevent his transfer to Rockport.
Butler filed his civil suit Sept. 21 against DPS Sgt. James Holder, DPS Director Col. James B. Adams, and the department itself. On that same day, Judge Robert Pfeuffer ordered the department DPS not to put into effect Butler’s Sept. 21 transfer from New Braunfels to Rockport.
Pfeuffer then signed an order last Monday dissolving the temporary restraining order, and set an hearing for 9:30 a.m. Monday.
Butler has alleged in his petition to the court that he suspects his transfer to Rockport was in retail ta ti on for his reports of irregularities alleged against Holder to appropriate law enforcement officials.
When contacted Thursday concerning the suit, Holder said, “My comments will be in court.’’
“In March of 1902,’’ the petition stated, “the plantiff (Butler) began to notice irregularities in Sgt. Holder’s enforcement of Department
policy and state law.” Butler made note of such irregularities, including “misappropriation of public funds and-or materials, and abuse of official power by state officials.”
These instances were reported to Holder, who “displayed anger and displeasure.” The petition stated Holder then began to harass Butler by “instituting a selective investigation of Butler among a select group of law enforcement officials within and outside of DPS.”
This investigation aroused “suspicion among Butler’s peers of his enforcement abilities.”
The petition also said Butler was removed from the DPS pistol team immediately prior to the national competition with no explanation Then, in May of 1963, the petition said, “Holder denied Butler an off-duty job opportunity (which would normally merit routine approval), and filed a seven-page memorandum in Butler’s personnel file as justification.”
On or about Aug. ll, 1963, Butler was notified of his transfer to Rockport. He was told in a letter from Chief Joe E Milner, DPS traffic law enforcement, that the transfer was “non-disciplinary” and was “for the good of
The petition stated that DPS “precluded effective administrative review by failing to file a C-l form setting out the rationale for transfer and giving Butler grounds t<f challenge it.”
The petition said that Butler’s instant transfer showed “he has been discriminated against in retaliation for reporting violations of law in good faith to appropriate law enforcement officials,” and described the transfer as “punitive in nature.”
See DPS. Page MA
Saw Braunfels. Texas
Vol. 92 - No. 194
BC O Cartmnr
THURSDAY September 29,1983 25 cents
18 Pages — 2 Sections
Airline pilots to walk off jobs
HOUSTON (AP) — A panel of Continental Airline pilot union executives agreed today to call for a strike against the airline, which slashed their salaries when it sought bankruptcy protection.
Gary Thomas, a spokesman for Continental pilots in Houston, said the pilots would walk out at 2 a.m. CDT Saturday and continue until “a satisfactory back-to-work-agreement is negotiated.”
“We intend to make it stick,” Thomas said. “We're going to withhold service. We will not return.'’
Flight attendants also would join the work stoppage, he said.
“We want to return to the basic agreement we had,” Thomas said.
He said he expected Continental pilots Who were still in the air to “leave the
cockpit.” The financially-troubled carrier has 2,025 pilots, with 1,435 still working, Thomas said. He said the work stoppage would affect the airline's international flights.
About 40 people attended the meeting, including 15 members of the Continental pilots executive board. The rest were flight attendant representatives.
The pilots met for 40 minutes this morning and then recessed for a 20-minute executive session of the 15-member board. Thomas said as he came out of the executive session, “We're going to do some voting.”
“There are some strong feelings here,” Thomas said before going into the morning meeting. “Pilots are complaining to their representatives, ’We can’t pay our bills.’”
See CONTINENTAL, Page UA
Comfund ahead of 1982, drive chairman reports
Giving is good. At least, that’s the word from 1983 Community Fund drive chairman Jesse Garcia.
“Monday we had over $40,000, and that’s twice what we had this same time last year,” Garcia said An exact Comfund total was unavailable Thursday.
“We've talked to about 25-30,000 people through about 200 volunteers. We’ve hit about 30-40 different organizations with our speaker's bureau and other contacts, and we’ve gotten out pledge cards to all the major industries.
“Volunteers from the Boy Scouts and Girl Scouts have even contacted over 450 small businesses,” Garcia added. “I don’t know about you, but I didn’t know there were that many small businesses in Comal County .”
So Comfund volunteers have worked hard to get the word out. “Now it’s just a question of getting it back/’ Garcia said.
The organizations that will benefit from Comfund dollars include the Salvation Army, Comal County Mental Health-Mental Retardation Center, Humane Society, Crisis Line, Youth Fair, American Red Cross, Head Start, Boy Scouts and Girl Scouts of America, Home Care, Senior Citizens Center, Community Service Center, Arthritis Foundation, Children's Habilitation Center, Chad Welfare Board, Hays County Women's Center, Canyon Lake Volunteer Action Center, Texas Society for Autistic Children, Bail Rehabilitation Center, and the national United Way.
Comal County (immunity Fund
WITH YOU IT WORKS1983
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This thermometer erected in Main Plaza Wednesday will record Comfund’s progressCity eyes MALDEF answer
By DYANNE FRY Staff writer
City Council members received papers Tuesday on a federal lawsuit filed last week by Texas Rural Legal Aid and the Mexican American Legal Defense and Education Fund.
City Attorney John Chunn is now preparing an answer to the complaint. which claims the city's new election system still discriminates against minority voters Chunn says he expects to deny those allegations “I don't feel that there has been any invidious discrimination,” he said. “We just changed the method of election (in April af this year) by charter amendment We tried to be very careful to comply with the law in this
He said he would have to assume that the plaintiffs filed the suit in good faith, and honestly believe the system to be discriminatory As the attorney for the city, he does not share that opinion
“I'm disappointed that they have brought the suit at this time. without even allowing the new plan to be fully implemented. Chunn added The plan voted in on April calls for four council members elected from single-member districts, and throe elected at large by a majority of all the city’s voters Single-member districts I and 2 held their elections in August The at-large members are to be chosen next April, and districts 3 and 4 would elect their council members in April 1965 District I, with s 63-percent Hispanic population, seated Valdemar Espinoza, the first Hispanic to be elected to council since 1973 MALDEF's suit says that under the 4-3 sy stem. Espinosa's seat is the only one a minority candidate has a
See MALOFF Page MA
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I’m prepared mentally and emotionally. I’ve thought dying. I don’t think is a bad thing.
about dying Everybody diet.” — Row inmate James Autry.
Today's Weather Prepared to die
This afternoon and Friday will be partly cloudy A , ,
r1 w.t 2? rn I/™//0* wh?h ^ Autry u nconcer ned about
from the south at IO to 15 miles per hour. Partly •
cloudy and cool tonight, with light easterly winds ^
Sunset today will be at 7:19, and sunrise Friday at HUNTSVILLE (API — Death row in- MHBHHHHHMIHHHMMMMB
7:23 a.m. male James David Autry says he doubts
he will die as scheduled Oct. 5, but adds Personality Conflict that he is ready if his ezecution is not
New Braunfels and Canyon have twodutictly ..j a|rea<|jr ^ my that there different football personalities, and those per- ^ t any sense worrying about it,” Autry sonalitieswill date Friday night before an overflow ^ ^ ^ Wednesdi|
crowd at Cougar Stadium. Sports. Pape BA. There isn t anything I can do It s not
« n .j really left up to me. It’s up to the Supreme
Manger MOH Court and my lawyer."
The Smithson Valley Rangers can finish non- Autry, who celebrated his 29th birthday
district play with a 3-2 record with a victory over Tuesday, was convicted in the April 1960 Holy Crow Friday night. And few things would make sooting death of 43-year-oid Shirley Rangers Coach Stan Irvine happier than to be 3-2 at Drouet, a Port Arthur convenience store this point in the year. Sports. Pope SA clerk One customer also was fatally shot,
and another was crippled Bird Signs Autry's attorney, Charles Carver, asked
. U.S. Supreme Court Justice Byron White Larry Bird signed a reported seven-year, nearly ^ ^ execution so arguments could
115-mlUion contract with the Boston Celtics Wed- * heard in the case. White referred the nesday The pad, one of the richest in sports, insures matter to the full court which is meeting that he will not become a free agent after the 1M3-64 in conference this week ’
National Basketball Association season Sports. prepared mentally and
emotionally,” Autry said “I’ve thought r Ahivruu i aux pa tboul dying I don’t think dying is a bad
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' ___.......................Tv General Jim Mattox said he would not
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.........................sp Atttry’ “Cowboy” by fellow
DEAR ABBY.........................IN inmates, said he thinks Mattox’s decision
HOROSCOPE........................BA mil have little effect on bu chances
KALEIDOSCOPE......................18 “They might just be playing games It
OPINIONS.........................4A (the ezecution) could happen, but I don’t
SCRAPBOOK........................28 think it will,” Autry told the /rem
SPORTS..........................S-7A Other inmates said Wednesday that they
STOCKS............. IBA were concerned about the impact Autrys
WEATHER...................... 2A execution could have
“I think everybody s aware that the tune is drawing near I think we’re all affected by it unless there are some that are cold dead stone,” said Ronald Clark O’Bryan, a former Deer Park optician convicted in the Halloween 1974 poisoning of Jus l-year-old son with cyanide-spiked candy.
Prosecutors said Autry and a companion, John Alton Sandier, shoe Mrs Drouet between the eyes during a robbery of the Sak-N-Pak convenience store rn Port Arthur Fearing two witnesses to the shooting would recognize them, Autry returned to the store and shot them, prosecutors said John Broussard died. while a Greek sailor suffered permanent brain damage Autry denied the allegations, saying government witnesses “put the gun in my hand.”
Both Autry and Sandier, ll. were indicted on capital murder charge* But the indictment against Sandier was (hammed and he received a seven-year sentence in an unrelated burglary.
He ma paroled Sept. Ut efts
facing the needle
less than three years at the sentence Carver had sought immunity so Sandifer could testify at Autry s trial but the request was denied The 3th I S Circuit Court of Appeals in New Orleans affirmed the action, bul two courts have ruled differently rn similar cases Carver said Wednesday be was concerned about his client s fate, citing the ruling in the case of Thomas Andy Barefoot, another Texas prisoner who was convicted in the shooting death of a Harker Heights policeman
‘The Supreme Court issued s decision in the Barefoot case that an inmate is not entitled to an automatic stay They may feel this ut the appropriate case to reinforce the ruling Therefore, the Supreme Court could deny a stay of execution and cite the Barefoot cate as authority,” Carver said Carver said be would ask Texas Gov. Mart White for help if the high court denies the request “I think he has a chance But at the same time, as each day panes by. that event may come to pan,’’ Carver said Autry was first scheduled to die Dec 17 — IO days after Charlie Brooks, a Fort Worth man accused of killing a mechanic, became the Brat UA convict to (Be by chemical injection A federal judge granted the alay two days before Autry was to die.
Another execution for Fob 21 was alae blocked
Texas has executed 362 prison inmates since 1924, all but one by electrocution, prtaon spokesman Charles Brown said.