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Headline News From May 3, 2002 Issue

Andregg pleads guilty to murder

  Sam Andregg of Truth or Consequences on Thursday plead guilty to a charge of murder in the second degree in connection with the stabbing death of retired lawyer and ceramic storeowner David Johnson, 47, at his home at 500 N. Riverside Drive in Truth or Consequences on April 21, 2001.

County clashes with DFA over petty budget issues 

 

  Sierra County Manager Adam Polley is hot under the collar after a recent discussion with Department of Finance and Administration (DFA) budget analyst Francisco Vigil.

CLICK ON PHOTO TO ENLARGE

Deputy DA June Stein 
wins award for support 
of law enforcement
 

 

 Deputy District Attorney June Stein of Truth or Consequences was named the Law Enforcement Support Prosecutor of the Year.

Sierra County opposes wild and scenic river designations 

 

  Sierra County commissioners Thursday adopted a resolution opposing a National Wild and Scenic River amendment to the Gila and Cibola National Forests management plans.

County officials to take cutthroat trout field trip

 

  Sierra County Commissioners, County Manager Adam Polley and County Attorney Jim Catron have been invited to the Ladder Ranch for a field trip to inspect Rio Grande cutthroat trout fisheries on Animas Creek and to discuss trout recovery plans and the county’s concerns.

Sierra County tries to make it harder
for FWS to reintroduce Mexican wolf

 

  Sierra County Commissioners Thursday approved County Manager Adam Polley’s “white paper” declaring the county’s position on the U.S. Fish and Wildlife Service’s Mexican Gray Wolf Reintroduction Program.

An awestruck firefighter seems to pause in a state of shock in front of the smoke-filled mobile home destroyed by fire Monday afternoon at 760 E. Sixth Ave. in T or C. Click on photo for more photos and details.
DJ Photo by Bill Johnson

Sam Andregg

DJ File Photo

 

Andregg pleads guilty to murder

 

By Bill Johnson of the Desert Journal

 

Sam Andregg of Truth or Consequences on Thursday plead guilty to a charge of murder in the second degree in connection with the stabbing death of retired lawyer and ceramic storeowner David Johnson, 47, at his home at 500 N. Riverside Drive in Truth or Consequences on April 21, 2001.

Andregg, 24, also pleaded guilty to other crimes associated with the murder case including unlawful taking of a motor vehicle, larceny over $250, tampering with evidence and conspiracy to commit tampering with evidence.

Andregg faces a maximum sentence of 22 and a half years in prison but District Judge Kevin Sweazea, who heard the case Thursday, ordered the defendant to undergo a 60-day diagnostic evaluation before a sentencing date is scheduled, according to Deputy District Attorney June Stein, who prosecuted the murder case.

Andregg and his younger sister, Sarah, 23, were arrested in September after a five-month long investigation into Johnson’s homicide. Sarah, however, was not charged with murder.

The Office of the Medical Investigator reported that its autopsy revealed that Johnson had been stabbed 43 times. Police testified in September they found an ice pick embedded in the victim’s head and a large knife stuck in his back. Police also found signs of a struggle inside the residence.

Johnson’s vehicle, an Isuzu Trooper, was missing but later spotted by a pilot in a ravine off Interstate 25 a few miles north of town.

Andregg in a state police interview allegedly said he had been smoking marijuana all day on April 20 - the day before Johnson’s body was discovered - and at 10 p.m. called for a taxi from his mother’s home to take him to the Pine Knot Saloon, State Police Agent Norman Rhoades testified in October. Andregg said he stayed at the Pine Knot until closing sometime between 1:30 and 2 a.m., Rhoades said.

Andregg said he met a man (Johnson) in the parking lot whom he described as older and wearing a ponytail and glasses, Rhoades testified. Andregg stated that he went to Johnson’s home where Andregg said he expected to purchase two marijuana cigarettes, Rhoades said. But when at the residence Johnson allegedly twice made sexual advances toward Andregg, Rhoades testified.

Andregg stated he repeatedly stabbed Johnson in the chest with a screwdriver Andregg had found in the utility room, Rhoades said. Andregg said Johnson tried to grab Andregg’s head in the struggle, Rhoades testified, and Andregg added that he pushed Johnson to the floor and Johnson never got up.

Andregg said he was angry and stabbed Johnson some more with the screwdriver while Johnson was on the floor and that he stabbed Johnson several times in the head with an ice pick he found in the kitchen, according to Rhoades.

Andregg said he rummaged through Johnson’s house for marijuana but he never found any, Rhoades said.

Andregg said he was still angry and flipped over a large table and found a large knife and again stabbed Johnson and stomped on his head before leaving the residence in Johnson’s vehicle.

<<<   >>>

County clashes with DFA

over petty budget issues

 

By Fred Mramor of the Desert Journal

 

Sierra County Manager Adam Polley is hot under the collar after a recent discussion with Department of Finance and Administration (DFA) budget analyst Francisco Vigil.

Polley reported to county commissioners Thursday that Vigil was concerned that the commissioners did not know the county’s financial standing and requested that county administration provide commissioners with a one-page report showing the county’s financial condition.

Polley said he objected to Vigil’s statement and told him that county administration provides commissioners with a statement each month. Polley said he showed Vigil the county treasurer’s report which Vigil said was not adequate and that he could not understand it.

Polley said he has a problem with DFA saying they can’t understand the county’s report, which he said is the same form the treasurer has been using for 20 years and that at least 20 New Mexico counties use.

Polley said he had some choice words for Vigil, adding, “I don’t take it lightly when the DFA says I’m not doing my job.”

Polley also reported to commissioners Thursday that the county’s disaster assistance, or emergency management, fund is $2,416 in the red for which the state owes the county $6,572.

“I’m prepared to write a letter to DFA making it quite clear that if we don’t receive payment within 10 days I’m going to turn around and charge them 8 percent interest. I’m getting tired of that,” Polley said.

In addition to DFA, county officials have complaints with the New Mexico Department of Children, Youth and Families (CYF).

Polley reported that the county’s correction fees fund will have a negative balance of $98,144 because the county has been charged for juvenile delinquents held at the Luna County Detention Center. Polley said these expenses were not planned for at the beginning of this fiscal year.

County Attorney Jim Catron added that the Administrative Office of the Courts collects the correction fees and distributes them back to the counties but that they are nine months late in their payments. Just how much is owed the county is in question but Polley said it won’t be enough to erase $98,000 in red ink.

Polley said he plans to discuss with CYF how one of its employees spent the county’s money and their reimbursing the county for its expenditures to house youth offenders.

Polley and Commission Chairman Ralph Gooding agreed that it will be difficult for the county to prepare a budget for the coming fiscal year. Polley said he want to stop the county’s budget process until these issues are resolved.

For some good budgetary news, Polley reported that the beginning cash balance in the county’s general fund was $1,097,191 and its ending balance will be $1,084, 013. “Our receipts are greater than our disbursements and we are bringing money into the general fund,” Polley said.

The county manager reported also that the county’s road department has a beginning cash balance of $73,768 and will have an ending balance of $173,353.

The county however has deficits in three funds besides the correction fees fund. The landfill fund is short by $69, the county’s 911 addressing grant has been overspent by $467 and its transfer site grant was overspent by $1,822.

Polley said these shortfalls have been or will be covered by budget transfers.

<<<   >>>

Deputy District Attorney June Stein receives the State Bar’s Law Enforcement Support Prosecutor of the Year Award Thursday at her office inside the Sierra County Courthouse, 311 N. Date St. District Attorney Clint Wellborn (at right) presented the honors to his deputy, saying she well-deserves it.
DJ Photo by Bill Johnson

Deputy DA Stein wins award

For supporting law enforcement

 

Desert Journal Staff Report

 

Deputy District Attorney June Stein of Truth or Consequences was named the Law Enforcement Support Prosecutor of the Year.

The Prosecutor’s Section of the State Bar of New Mexico presented Stein with the award during the New Mexico District Attorney’s annual conference banquet held Thursday evening, April 25, in Las Cruces at the Hilton Hotel.

The Prosecutor’s Section presented a total of five awards including Stein’s Law Enforcement Prosecutor of the Year award for the support and assistance she provided to law enforcement agencies and for her commitment of time in assisting law enforcement.

The other four awards were for prosecutor of the year, community service prosecutor, legal impact prosecutor and new prosecutor of the year.

Stein has been working for the Seventh Judicial District Attorney’s Office in T or C for the last year and four months or shortly after District Attorney Clint Wellborn took the reins in January 2001. She previously had worked for the DA’s Office in Farmington, NM.

Stein was nominated for the state’s highest honors for prosecuting attorneys with nine letters of support by law enforcement personnel, including agencies such as NM State Police, NM Department of Game and Fish, NM Department of Public Safety, U.S. Immigration and Naturalization Service’s Border Patrol Criminal Alien Program, Truth or Consequences Police Department and the Dona Ana and Catron County sheriff’s departments.

“It has been our extreme pleasure to work with Ms. Stein. She has proved her dedication to the law enforcement community time after time,” said Senior Sgt. Jessie Harzewski of the T or C Police Department in her March 27 letter of recommendation to Wellborn.

“Without question and knowing you will get an eagerness to help, Ms. Stein is always available. When officer have search and seizure questions in the middle of the night they know they can count on Ms. Stein to be there to guide them on the right path,” Sgt. Harzewski said.

“Over the past several administrations there has not been an attorney in her position who is willing to go beyond the call of duty. If Ms. Stein is not at home on the weekends, she can be reached at the office, and if neither of these avenues is fruitful, you can be guaranteed she is available on her cell phone.

“She also will meet with any of the law enforcement officers at her office, at any time that we need her assistance day or night,” the police officer said of Stein.

“Ms. Stein does not hesitate to guide the officers with cases and arrests that necessarily will not go through her office to ensure that law enforcement has every aspect of the law covered from case paperwork to DUI roadblocks. Ms. Stein has been on numerous DUI roadblocks held by our department. During my tenure in the law enforcement field, I have never seen a deputy district attorney do that,” Harzewski said.

“Ms. Stein constantly allows her investigator to assist the local law enforcement officers with whatever is necessary. You can be rest assured that as a law enforcement officer, we are confident that we have somebody helping us fight the war on crime,” Sgt. Harzewski said.

“Ms. Stein is an effective and outstanding prosecutor because she places her personal touch on everything she does. She will also see to it that any resources available to her are made available to other officers. Ms. Stein is by far the best prosecutor the area has seen in a long time,” the sergeant said.

“Our department would be at a great loss should Ms. Stein ever chose to leave us. She is the best asset this city has,” Harzewski said.

Eight other similar letters lauded Stein for her dedication, support and assistance to law enforcement personnel.

<<<   >>>

…Home destroyed

Cross-town smoke is viewed about a mile away from the mobile home fire on East Sixth Street from the dead end of West Third Avenue (photo at left) and upon approach a small blaze can be seen at the rear of the home.

T or C and Williamsburg volunteer firemen dowse (photos above and below) the burning mobile home occupied by Jimeto Calloway and Jeannette Lane and two small children – an infant and three-year-old boy – at 760 E. Sixth Ave. in Truth or Consequences last Monday afternoon. At bottom of series, a fireman throws a chair outside the structure, which apparently ignited from a grease fire in the kitchen, according to city police Detective Ron Huff. No one was injured but the home and its contents were destroyed.
Photos by Bill Johnson

Sierra County opposes wild

and scenic river designations

 

By Fred Mramor of the Desert Journal

 

Sierra County commissioners Thursday adopted a resolution opposing a National Wild and Scenic River amendment to the Gila and Cibola National Forests management plans.

County Attorney Jim Catron said the U.S. Forest Service needs to be reminded of an ordinance the county adopted seven or eight years ago that provides that the county will be involved in and may preempt actions taken by the Forest Service or other federal agencies in pursuance of a Wild and Scenic Rivers amendment.

Catron said there has been a tremendous amount of litigation over the issue citing cases in Virginia where the federal government has forced the removal of homes on private property within a quarter mile of rivers protected by the amendment.

Catron further said it is not the Forest Service’s role to protect the designated rivers but the Department of the Intererior’s.

Catron likened the Forest Service actions to the protection of the spotted owl - which he said destroyed the timber industry - without public input or National Environmental Protection Act documentation.

“Once again the Forest Service is trying to overreach its authority, once again they’re trying to do somebody else’s job in a clumsy effort to maintain their authority to manage the forests,” Catron said.

Catron added that, in accordance with the county’s ordinance, federal agencies must consider a county’s socio-economic environment - as defined by the county and not the federal agencies - before carrying out their environmental programs.

“We weren’t willing to let federal bureaucrats tell us who we are,” Catron said. The ordinance, Catron said, was written in anticipation of 15 lawsuits won against the federal government in the last 15 months.

The resolution commissioners adopted Thursday reads:

Whereas, the Gila National Forest and the Cibola National Forest have proposed an amendment to the forest plan of each respective forest for the protection of and preservation of rivers systems; the proposed amendment would have the effect of extending protection to rivers before they were classified wild and scenic; Sierra County relies heavily on the natural resources of the area for its existence; any curtailment of existing or proposed future uses of any rivers system would adversely affect the custom, culture and economy of Sierra County; now, therefore be it resolved, that the Sierra County Commission oppose listing of any river in Sierra County as Wild and Scenic and the proposed amendment to both the Gila and Cibola Forest Plans.

<<<   >>>

Buffalo roam on media mogul Ted Turner’s sprawling Armendaris Ranch that occupies much of Sierra County’s east side. The herd of bison was part of the Armendaris Ranch Tour sponsored by Geronimo Springs Museum last March at the cost of $150 per guest.
Photo courtesy of G.L. Andears of T or C

County officials to take

cutthroat trout field trip

 

By Fred Mramor of the Desert Journal

 

Sierra County Commissioners, County Manager Adam Polley and County Attorney Jim Catron have been invited to the Ladder Ranch for a field trip to inspect Rio Grande cutthroat trout fisheries on Animas Creek and to discuss trout recovery plans and the county’s concerns.

Commissioners will inspect the fisheries in the Ladder Ranch’s safari vehicle. Polley advised them to bring cameras, binoculars and a sack lunch for the all-day field trip.

Representatives of the U.S. Fish and Wildlife Service, U.S. Forest Service and New Mexico Department of Game and Fish also will be invited on the May 23 field trip.

Polley also advised commissioners that they request information from FWS on the progress of the cutthroat trout recovery program but said they may not be very forthcoming as they are under litigation as a result of the program, to which County Attorney Jim Catron commented, “Cool.”

<<<   >>>

Sierra County tries to make it harder

for FWS to reintroduce Mexican wolf

 

By Fred Mramor of the Desert Journal

 

Sierra County Commissioners Thursday approved County Manager Adam Polley’s “white paper” declaring the county’s position on the U.S. Fish and Wildlife Service’s Mexican Gray Wolf Reintroduction Program.

The position paper is the result of county officials’ consultations with affected agricultural parties in the Gila National Forest and on private property, Polley said.

The County Position Paper, which will be formally adopted as a resolution, reads:

I: County Position on Wolf Recovery

The wolf recovery program implemented within the wolf recovery areas of the Gila National Forest and Apache Sitgreaves National Forest on locations within the counties shall cause economic constraints to the businesses located within counties.

The need to preserve land use and sporting industries in the counties and further develop them is priority for county government. Wolf recovery has been shown to be a financial burden on the counties, communities, small business and individuals and is contributing to the erosion of our tax base.

The counties are against further releases and or translocation of wolves. The counties understand that the FWS is required by the Endangered Species Act (ESA) to preserve the Mexican wolf.

The counties understand that the FWS is under a court order to attempt to restore the Mexican wolf to its original range.

The position of the counties is that the wolf reintroduction shall not abrogate individual property rights of citizens as specified in the U.S. Constitution, the Bill of Rights, and the Arizona and New Mexico Constitutions.

First and foremost, FWS is mandated to uphold the Constitution of the United States. This mandate shall be applied to all requirements sanctioned by other acts and laws.

If further wolf releases are required in order to comply with the court order, the counties demand to be involved in all planning, release, and management aspects for the purpose of mitigating the detrimental effects of this program on our citizens and communities and to ensure that this program will not compromise individual rights.

Individuals and small business shall not incur undue losses.

II: Comprehensive Compensation Plan for Wolf Releases

A. A fund will be set up by the federal government for full compensation costs to offset damages of the reintroduction and or translocation of wolves in the wolf recovery area. Non-governmental organizations may contribute but not manage the compensation program.

B. The compensation Plan shall cover the full opportunity costs and shall include:

1. Compensation for property loss; and

2. Compensation for increased cost and conducting business; and

3. Compensation for increased costs for livestock depredation from other predators due to the inability of livestock operators to control predators because of the proximity of endangered Mexican wolves; and

4. As indicated by baseline incomes, compensation to outfitters for the loss of income, loss of recreation, and hunting privileges and limits on game availability, pack trips and other losses due to the increased predation on game and wolf proximity to recreation areas; and

5. Compensation to sportsmen, campers and hikers for the loss of hunting, camping, and hiking privileges and limits of game due to the increased take of game animals, wildlife displacement in hunting areas attributed to wolves; and

6. Compensation to the states annually for the loss of hunting revenues due to the increased take of game animals and wildlife displacement in hunting areas attributed to wolves; and

7. Compensation to counties annually for the loss of revenuese and circulating tax dollars to increased livestock depredation by wolves; and

8. The FWS shall be liable for compensation for all injury and loss of human life attributed to wolves based on wolf attack criteria by the counties.

C. A Non-Federal, County Approved Board shall be established to deal with compensation request due to livestock and wildlife loss.

D. Modify Take Provisions to Comply with Constitutional Private Property Protection Principals

1. The FWS shall recognize ranchers’ right to take any Mexican wolf found to be depredating (in the act of attacking or feeding on) livestock, on all areas of land incorporated in the ranch operation. This shall include private land and federal allotments.

2. The FWS shall recognize ranchers and other private citizens’ right to take any Mexican wolf in the act of attacking stock dogs, hunting dogs or pets.

3. If a Mexican wolf becomes habituated to private property and frequents private property and homes, the landowner shall notify the FWS and document the problem.

If FWS cannot remove the problem animal and place it in captivity within five days from notification, the FWS shall recognize the landowner’s right to take the problem animal without further contact with FWS.

4. FWS must relocate wolves that attempt to den on livestock operations within five miles of calving areas.

5. Wolf packs contributing to significant loss of game animals (frenzy killing behavior) shall be removed or destroyed by FWS or other ADC personnel to protect and conserve the game resource.

6. The FWS shall verify that wolf hybrids have not already bred with pure Mexican wolves.

7. The FWS will investigate and remove all wolf hybrids or wolves that aren’t pure Mexican wolves prior to release or translocation of wolves into New Mexico.

8. Ranchers, guides and outfitters shall have access to wolf monitoring equipment when necessary to protect their business interest and private property.

III. Criteria for Wolf Release Sites.

1. Establish successful pack in the wilderness prior to translocation or release of wolves on non-wilderness sites; and

2. Establish upper limits for wolf numbers in a site-specific area as determined by prey availability for a three month period after release; and

3. Habitat for game shall be developed in potential wolf release areas that will encourage game to inhabit wolf release areas, i.e. provide salt and water; and

4. Releases shall be timed with game movement and reproduction; and

5. No wolf release sites out of the wilderness without site specific environmental assessment with counties as joint lead agency; and

6. No wolves shall be allowed to inhabit private property unless the landowner agrees; and

7. Wolf release sites may be located on private property or federal grazing allotment at the discretion of the landowner/property owner/allotment owner as long as reasonable coordination with neighboring ranchers takes place; and

8. Wolf release sites must meet with the approval and be approved by signature of ranchers and sporting interests within a 20 mile radius of the release site; and

9. Timing of releases must be coordinated between FWS and livestock operators within five miles of calving pastures; and

10. Ranchers can designate a three-month time period when wolves cannot be released within five miles of the private land or allotment. Ranchers must have a relatively safe calving period – wolves must not be conditioned to follow livestock for prey; and

11. No releases within five miles of established guide outfitter camps or established access trail roads; and

12. Releases shall not be located in areas that require closure of compromise reasonable access to federal lands; and

13. Wolf release sites outside wilderness, or on the wilderness boundary shall be no closer than ten miles from private homes; and

14. Wolves must be adversely conditioned to avoid human beings and livestock to the extent possible.

<<<   >>>

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