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Last modified: December 1, 2008

Headline News From Aug. 23, 2002 Issue


CLICK ON PHOTO TO ENLARGE

Duran sentenced 
to 12 years in pen
 

  Confessed child molester Ryan Duran was sentenced Thursday to 12 years in prison for his sexual assaults upon two four-year-old girls last year.

One arrested in shooting incident 

 

  A police search so far has failed to find a second suspect, and possibly two others not yet identified, in last Saturday morning’s gunshot attack that injured two Truth or Consequences residents..., city police said.

City police release report upon request 

 

  The Truth or Consequences Police Department has complied with this newspaper’s written request for copies of police documents regarding an assault and battery allegedly committed by a Border Patrol agent on Aug. 7.

In Wolf Reintroduction Country, 
disaster is right around the corner
 

 

  Her name is Hercules and she is lucky to be alive after her encounter with a pack of Mexican Wolves last week.

Black Range fires dubbed as wildland fire use fires 

 

  Two fires on the Black Range District of the Gila National Forest have been classified as wildland fire use fires, the U.S. Forest Service announced last Saturday.

…Calm after the storm

 

A thunderstorm treks northeasterly of Turtleback Mountain after soaking the Truth or Consequences area Tuesday evening. A full moon pops out from among the clouds to usher in the calm after the storm. Click on photo for another view of the moon.
DJ Photo by Bill Johnson

Ryan Duran

Convicted child molester
DJ File Photo by Bill Johnson

Duran sentenced to 12 years in pen

 

More allegations of sexual abuse of children

may crop up in California & Oregon

 

By Fred Mramor of the Desert Journal

 

Confessed child molester Ryan Duran was sentenced Thursday to 12 years in prison for his sexual assaults upon two four-year-old girls last year.

Seventh Judicial District Judge Kevin Sweazea imposed the maximum sentences of three years for criminal sexual contact with a minor and nine years for attempted criminal sexual penetration of a minor. Sweazea further ordered Duran to serve two years probation following his consecutive prison terms and imposed $15,000 in fines.

The judge said he doesn’t expect that the fines will ever be paid but said he wants Duran’s crimes to follow him for a long time.

Duran, 32, pleaded guilty in March to criminal sexual contact with a minor for his assault on a four-year-old girl last November. Duran attacked the child when she was at Duran’s Truth or Consequences home to play with his four-year-old son.

It wasn’t until January that T or C Police arrested Duran on a second-degree felony charge of kidnapping and a third-degree felony charge of criminal sexual contact with a minor.

The mother of another four-year-old girl recognized Duran’s name from January newspaper reports as her daughter also had played with Duran’s son. When the mother asked, the child indicated that her friend’s father had touched her.

A forensic interviewer examined the girl after her mother called the police. The little girl’s gestures and statements to the interviewer indicated that Duran penetrated her with his finger in June last year.

Originally charged in the June assault with first-degree criminal sexual penetration of a minor, Duran in March pleaded to second-degree attempted criminal sexual penetration of a minor.

Asking the judge to impose the maximum sentences, Assistant District Attorney June Stein during Thursday’s sentencing hearing said Duran’s 60-day diagnostic evaluation says it all: Duran is a pedophile, he has admitted to having these urges and is unable to control them.

The victims and their families will never be the same, Stein said.

District Attorney Clint Wellborn said that he too has young daughters but that he can’t really know what the families of Duran’s victims are going through.

Wellborn said the court can’t wave a magic wand to make it all better but can send Duran to prison for 12 years which will prevent Duran from victimizing other children and will serve as a deterrent to other predators.

Wellborn said Duran poses a high risk as a re-offender and that he took advantage of his son’s friendships with other children that he could prey on.

The court should sentence Duran to 12 years in prison to provide as much protection as possible, and that while the sentence won’t make the families whole, it is the most the court can do for them, Wellborn said

Probation and Parole Officer Sissy Richardson said that with Duran’s pervasive and recurring thoughts, he will need at least 12 years for any hope of rehabilitation.

The grandmother of one of Duran’s victims told the court that her granddaughter is not only her grandfather’s little angel, as the little girl feared she may no longer be, but that she is a miracle.

Addressing Duran, she said it was her granddaughter’s persistence and determination to bring him to justice that brought him where he is now.

The grandmother thanked Duran for not denying the charges but said the tears he has shed were not for his victims but for himself. She said her granddaughter has shed more tears and has had more nightmares than any five-year-old should.

“We were taught as Christians to forgive but we can’t forgive you yet. We pray that God will give us the strength to forgive you,” the grandmother said to Duran.

The mother of the same little girl said her family was changed forever on Nov. 10. She said she was the mother of a happy, innocent four-year-old girl but Ryan Duran changed all that.

She said Duran used his own son to lure neighborhood girls into his home so he could molest them and that her daughter was one of those girls. He offered her cartoons, candy and soda and humiliated her and exposed her to carnal abuse, the mother said.

She said her daughter kicked, screamed, fought and tried to get away. The mother said Duran was fully aware that what he was doing was wrong and that he tried to bribe the child with candy to shut her up and sent her on her way as if nothing had happened.

She said her daughter immediately told her what happened and she then called the police. The mother said the police questioned Duran and he confessed to the crime, but the police did not arrest him.

She said the police and the district attorney’s office knew Duran had committed a crime against a minor and was a continuing danger to children, living only yards from his victim, but they refused to protect her daughter.

The mother said the police and DA’s office in effect called her and her daughter liars. She said it wasn’t until 10 days after the attack, and at her insistence, that they performed a medical examination on the child.

She said the state refused to pay for a meeting between the DA’s office and her daughter’s counselor to verify her accounts of molestation and bring charges against Duran although they had several confessions.

 “During this entire time I was harassed, lied to, screamed at and further victimized by the very system that was supposed to protect us,” the mother said.

She said she contacted the police, the DA’s office, the city manager and a New Mexico senator through phone calls, faxes, letters and e-mails and only after bringing all this pressure to bear did the DA’s office take action and do their job.

She said her daughter lived in constant fear that Duran would attack her again for two months after the assault. “She had to endure seeing her molester in town, taunting us at our neighborhood park right outside our door. She was left to wonder why this bad man isn’t in jail,” the mother said.

She said that since the November attack, her daughter has nightmares almost every night and wakes up screaming and paralyzed with fear. The mother said her daughter is afraid of all men and has panic attacks if left alone in her room for fear that one will come to hurt her.

She said her daughter is now given to violent mood swings, hitting others, periods of depression, that she will go without sleeping for days to avoid night terrors, has black circles under her eyes and bursts into tears for no apparent reason.

The father of Duran’s other four-year-old victim said to the court that when he moved his family to New Mexico his daughter was a happy, trusting two-and-a-half-year old in whose eyes he saw a beautiful and innocent little girl, but now when he looks into her eyes he sees fear.

The father said his daughter has nightmares almost every night, that she has ground her teeth to the nerves and that she is terrified Duran will come to hurt her again. He said his daughter fears that Duran’s wife will steal her away from her family.

The man said Duran raped his little girl while Duran’s four-year-old son was in the same bed. He said his daughter worries that Duran’s little boy, who was her first friend in New Mexico, hates her for making his daddy go to jail.

The father said Duran targeted his little girl knowing that she had cerebral palsy, which affects the way she coordinates her body and even more her speech. He said Duran had to know how hard it would be for the child to communicate what he did to her.

The father said the Durans moved from one campground to another, staying at one only until accusations were raised against Ryan Duran. He said Duran had always made children available to him and that at one point Ryan and Ann Duran worked at a Head Start daycare center.

The father said the ordeal has been hell on his daughter, his wife and on him and that they are now emotionally and financially drained. “He faces a maximum of 12 years. He gave my daughter a life sentence,” the father said.

Defense attorney Gary Gaudette pleaded for concurrent, rather than consecutive, sentences for his client.

He said Duran in letters to the court expressed his remorse for what he did, knew it was wrong and sick, and had thought about the same happening to his son.

Duran had stated he was drinking at the time of the assaults but was not blaming his actions on alcohol, Gaudette said.

Duran in his letter stated he was having trouble with his marriage and in the bedroom but that he had always been an honest man who provided for his family, the attorney said.

Duran said he never wants to harm another child; that he wants to resume a normal life as he had before committing his crimes. Duran realizes he has hurt his own family as well as the children he victimized and their families, Gaudette said.

 “With the help of God, counseling and self-will, I can put this behind me,” the attorney quoted from Duran’s letter.

Reading from Duran’s letter to his victims’ families, the attorney said Duran sat in jail everyday sick and disgusted at what he did and that he sees the two lives he destroyed.

“I see in the mirror a person I hate,” Duran’s said in his letter.

Duran said his uncle molested him when he was a child, but Duran never told anyone, never sought help and didn’t know it would be a problem, the attorney said.

Gaudette said Duran is ready to accept his punishment and is truly sorry for what he did.

The attorney said he didn’t wish to cause the victims’ families further distress but that he disagreed with some of their statements.

Contradicting those statements, Gaudette said Duran did not commit rape, there was no discharge of semen, nor was there any rubbing of his body against either little girl.

Duran moved away from the victims and did not taunt them, Gaudette said. He said his client should not be sentenced for these misstatements.

Gaudette said Duran will never be able to make amends but that he is trying to bring a quick resolution by his plea agreements.

Before imposing sentence, Judge Sweazea said the court is limited in what it can do for the victims and their families and can only make them feel safe for a while.

The judge said the defense asked the court for leniency because Duran pleaded to charges against him thus sparing his child victims further trauma. But Sweazea said one purpose of a sentence is to protect society and that in this case, that purpose will be best served by Duran being sent to prison for 12 years.

 

...More allegations may crop up

 

Duran and his wife, Ann, may face charges of child molestation elsewhere.

The mother of one of Duran’s victims said after the sentencing charges may be brought against Ann Duran in other jurisdictions. She said Mrs. Duran was in the house when Ryan Duran molested her daughter but local prosecutors won’t bring charges against her.

T or C Police Detective Tom Schalkofski, according to the victim’s mother, said there isn’t enough evidence to prosecute Ann Duran here but that there may be in other states.

Det. Schalkofski Thursday morning said he did an extensive background check on Duran. Schalkofski said Duran is from the Los Angeles, California, area and from there moved to Medford, Oregon, and then to San Jose, California. Schalkofski said Duran has relatives in both states.

T or C Police have sent information to San Jose, CA, and Medford, OR, Schalkofski said, adding that these jurisdictions are investigating Duran for criminal sexual contact and criminal sexual penetration of minors (young children).

"I understand victims are coming forward against Duran (elsewhere)," the detective said.

Assistant DA June Stein said before Thursday’s sentencing that she had heard also of allegations against Duran in Rialto, California. Stein said there have been conversations between local authorities and authorities in California and Oregon but that she has had no confirmation of allegations against Duran from those jurisdictions.

A Medford Police Department clerk in a telephone interview Thursday said Medford Police have had contact with the names Ryan and Ann Duran but could provide no further information.

A representative of the District Attorney’s office of Jackson County, Oregon, said they are not investigating any case involving the Durans and that she is not familiar with their names.

An assistant to the Rialto, California Chief of Police said she is not aware of any investigation of the Durans. Representatives from the DA’s office in nearby Fontana, California, and from the San Bernardino County DA’s office also had no knowledge of investigations involving the Durans.

Ann Duran filed for dissolution of her marriage in May, according to court documents.

<<<   >>>

The moon touches the tip of this giant agave plant at “the” dead end of Truth or Consequences and brightens up passing storm clouds Tuesday night.
DJ Photo by Bill Johnson

One arrested in shooting incident

 

Others still at large

 

By Bill Johnson of the Desert Journal

 

A police search so far has failed to find a second suspect, and possibly two others not yet identified, in last Saturday morning’s gunshot attack that injured two Truth or Consequences residents in what appears to have been gang-related activity, city police said Thursday before press time.

Because the gunshot injuries to both victims, Albert Lucero, 23, and Amanda L. Muncy, 36, weren’t deemed by authorities to be serious or life threatening, the case filed against the alleged shooter in the incident, Ruben Saenz, 21, of 1202 Ore St. in Truth or Consequences, involves aggravated battery and not attempted murder, TCPD Detective Tom Schalkofski said Thursday morning in a phone interview.

Besides the two counts of aggravated battery, both third degree felonies, other charges leveled in the criminal complaint filed Monday in the Sierra County Magistrate Court against Saenz include conspiracy to commit aggravated battery, tampering with evidence and shooting at an occupied dwelling, all three being fourth degree felonies. If convicted of all of the charges, Saenz faces up to 10 and a half years in prison.

Bond for Saenz was set at $50,000 cash during his first appearance Tuesday in magistrate court. A preliminary hearing has been set at 11 a.m. Friday, Aug. 30, for him in the magistrate court.

Schalkofski, who filed the complaint against Saenz, said another arrest warrant was issued for a second suspect in the case but that the suspect was still at large as of press time Thursday.

The detective said two other possible suspects have yet to be identified but that he understands at least four persons were in the suspects’ vehicle the night of the shooting in front of Muncy’s apartment at 613 Tingley St. late Friday night or after midnight early Saturday morning. He said Lucero, who lives on Belle Street in T or C, was a frequent visitor at Muncy’s apartment.

Lucero and Muncy were shot in their backs from 25 to 30 yards away with a shotgun loaded with No. 8 shot, commonly used for bird hunting, Schalkofski said.

A couple of pellets entered Muncy’s back and she was treated and released, Schalkofski said.

Lucero, who received more gunshot wounds than did Muncy, was admitted into a medical facility before being released in the middle of the week, according to other informed sources.

Two shots were fired in the victims’ direction, witnesses said.

Schalkofski said he was called to the scene at 12:38 a.m. Saturday where a witness told him the shooting was preceded by an argument between Lucero, Saenz and another person, the latter two who had just exited a newer green Camaro that pulled into the parking lot of Muncy’s apartment complex.

The witness said Saenz and the other man talked about a weapon and then heard Lucero say to them, “If you’re going to get a weapon, then so am I,” according to the detective’s affidavit for an arrest warrant. Lucero at that point then turned and walked towards Muncy’s apartment.

In the meantime, Saenz allegedly ran to the passenger side of the car and someone inside of it handed him a shotgun barrel up through the window.

The witness said she then saw Saenz level the weapon at which time she yelled, “Don’t do that. My kids are out here.” She then heard one gunshot followed by a second shot and she started screaming, the affidavit said.

Saenz and the second suspect then ran to and entered the Camaro that sped out of the parking lot heading south on Tingley Street. After the car left, the witness said she noticed that Lucero was wounded and saw the pellet blasts next to the door of the residence.

Another witness walking on Coleman Street behind the Tingley Street residence at the time said he heard screaming and the shots fired. He said he saw several people run inside of the other witness’ home and also saw the car speeding away from the area.

He told police he saw the same car, and described it thoroughly, in the area about 10 minutes before the shooting. He said he last saw the vehicle traveling westbound on Sixth Street.

A third witness, who also lives at 613 Tingley St., told police he saw the green Camaro when it pulled up in front of the residence. He said he then saw both suspects, both known to him by name, argue with Lucero. He said he saw basically the same thing the first witness saw – Lucero turning and the shotgun being handed from the car to Saenz.

The witness said he was concerned about his child and he dove toward the car seat that was holding his child in order to protect the child from being shot.

The witness said he then saw Saenz shoot a single-barrel pump shotgun, heard the initial and second shots fired after which both suspects entered into the rear seat of the car. He said he saw Saenz stuff the gun back into the car before he got in it.

The witness also took note of the vehicle’s direction of travel, which matched the path given by other observers, Schalkofski said in the affidavit, adding that this witness also noticed the two gunshot victims go into the apartment at 613 Tingley St., immediately after which Lucero was escorted out and was told to lie down and relax as he had been shot.

Pellet damage occurred to the outside stucco walls of the apartment, the front door frame and screen door and it also was visible on a wall of the living room area.

A sheriff’s deputy arrested Saenz Sunday morning at his residence, according to a return on the warrant.

Det. Schalkofski said he has reason to believe that a total of four persons were inside the suspect Camaro.

“There are several possible motives being investigated – including gang-related activity, or perhaps it was over a CD,” Schalkofski said during the interview.

He said Lucero declined to cooperate with police in the probe and that Lucero told police he was going to take care of the matter himself.

The detective said Lucero also declined to cooperate with police after he became a victim of a stabbing incident in 1998.

<<<   >>>

…A fresh deposit of trash

 

A trip to the river Wednesday morning revealed new piles of trash accumulating outside the pump house on the Rio Grande just south of Carrie Tingley Hill in T or C. Someone had cleaned up the area since the DJ’s last visit within the year, but some trash hounds just can’t stand cleanliness.
DJ Photo by Bill Johnson

…Breakfast of champions

 

It appears Budweiser is the breakfast of champions who trash scenic places along the Rio Grande in Truth or Consequences.
DJ Photo by Bill Johnson

Evil is encircled and rendered powerless at this place of Satanic-related graffiti on the rocks that protrude over the Rio Grande in Truth or Consequences.
DJ Photo by Bill Johnson

City police release report upon request

 

By Fred Mramor of the Desert Journal

 

The Truth or Consequences Police Department has complied with this newspaper’s written request for copies of police documents regarding an assault and battery allegedly committed by a Border Patrol agent on Aug. 7.

T or C Police had denied two verbal requests for the public records because the Federal Bureau of Investigation, to whom TCPD had referred the case, asked police not to disclose information or release documents related to the case.

The Desert Journal on Monday, Aug. 12, filed a written request with the Police Department, the city manager and the city attorney pursuant to the New Mexico Inspection of Public Records Act.

The Desert Journal the following Friday afternoon received from T or C City Attorney Jay Rubin a copy of a fax he sent to FBI Special Agent Brian Russ on Tuesday.

Rubin’s communication to the FBI agent stated, “Under the Inspection of Public Records Act, the Police Department would feel obligated to release the requested information unless such information would compromise an ongoing investigation.

“The City of Truth or Consequences is not investigating the incident. However, we understood that you may be performing an investigation.

“Therefore, unless we receive a written request from you to withhold the information due to investigation purposes by Thursday morning, Aug. 15, 2002, we will be releasing the requested information at 1 p.m. that date,” Rubin wrote to the FBI.

Rubin this week said the FBI still hasn’t responded to his fax and he doesn’t expect them to.

The disagreement over the release of public records turned out to be one of policy and principle rather than of content. The Desert Journal last Friday picked up from the city clerk’s office what TCPD Chief Russ Peterson called a face sheet which provided little more information than the victim’s name and the reported offense being described as aggravated assault.

The alleged assailant’s name and all information that might lead to his identity were blocked out, as police are allowed, in accordance with the Inspection of Public Records Act Compliance Guide from the State’s Attorney General’s office.

Chief Peterson said the face sheet is the only document related to the alleged assault the police ever had.

Another informed source, who asked not to be named, said he believes this to be true.

<<<   >>>

In Wolf Reintroduction Country,

disaster is right around the corner

 

By Laura Schneberger

Winston NM

gnfpa@gilanet.com

 

Her name is Hercules and she is lucky to be alive after her encounter with a pack of Mexican Wolves last week. She is the red calf in the upper right hand corner of this picture display.

The black calf below her was not as lucky. Hercules was bitten on the nose, ears, neck and both legs with the major damage on the inside of her upper legs. She must hurt all over.

This is what wolf reintroduction is all about. This is what the public does not see.

When environmental and animal lovers use the excuse that ranchers market their cattle for meat so if they are compensated, what does it matter if they lose a few calves; I feel sick.

Human beings do not bite a calf until it screams in agony and dies of blood loss. There is no compensation for a livestock owner who witnesses such a scene as Gary Ely did last Thursday afternoon when he found the Francisco, or Saddle, or was it a hybrid unknown, pack of wolves in his mother cows and their calves.

There is no compensation for the nightmares he has about Fish and Wildlife Service employees allowing a wolf to eat his right hand and still choosing not to shoot or trap it.

The FWS flew the area over the Ely's eastern Arizona Four Drag Ranch last Thursday morning. When they got back to the office they sent an email to Darcy Ely in Tucson telling her the wolves were in her pastures.

Darcy says she has been begging them to get someone in there for at least two weeks to help keep a handle on the marauding wolves since they tried to kill a mare and mule foal on a neighbor’s place weeks earlier.

That day she expected FWS would respond and check out the location of the wolves and she was relieved.

They never went to the Four Drag's Maylay pasture, instead choosing to do some obscure project elsewhere on a pack that wasn't known for destruction of private property and causing mental anguish, yet.

The result of this decision cost the Ely’s at least two marketable calves, a lot of tears and some badly needed peace of mind. The Ely's have two children and Darcy's parents live on the ranch.

After discovering the wolves were in the cattle and learning of the horrors Gary and his cowboy witnessed, she sent out this message. "Gary came upon a calf being eating alive right now, he has totally freaked. I can't find anybody to answer the phones. My whole crew is up there bawling."

The reason Darcy couldn't find anyone to answer the phones was simple - many of the wolf reintroduction team members are in Albuquerque. Two were on vacation or just leaving for vacation and not tempted to help, or as in the case of the wolf monitors, ignoring the obvious problem and gallivanting off on another project.

Darcy was finally able to get in touch with her local Arizona Government Trappers who came as quickly as possible.

When FWS employees showed up three days later, Gary asked for a monitoring antenna to keep from being helpless when the wolves were in his country. He says he was told they could give him one, but if a wolf turned up dead he would be arrested. He decided not to accept the monitor.

The Ely's and every other rancher in Arizona and New Mexico do not deserve to live this way. This project is on its last legs at the end of every year and yet it continues.

More often than not, any small successes are had off the backs of people like the Ely's.

In June Gary and Darcy were kept away from their cattle by the FWS for eight weeks because there was supposedly a den in the pasture and they didn't want the wolf pups disturbed.

By the time the Ely's were angry enough to threaten the agency with bringing every dog they could get their hands on to get their cattle out, they had lost at least four cows.

After weeks the carcasses were not fresh and FWS will no doubt say they died calving.

The lower photos show what it means to die calving in wolf country. Wolves consider a laboring mother and newborn animals sick and weak.

Don't be fooled by agency reports of glowing wolves in happy settings. On the Four Drags, wolf reintroduction means tears, misery, nightmares, threats and incompetence, and one small red girl calf that is a testament to beauty, good luck and an overwhelming desire to live.

<<<   >>>

A boulder anchors firmly on the edge of the Rio Grande.
DJ Photo by Bill Johnson

Black Range fires dubbed

as wildland fire use fires

 

Two fires on the Black Range District of the Gila National Forest have been classified as wildland fire use fires, the U.S. Forest Service announced last Saturday.

The fires were started by lightning on Aug. 12.

The Castle Fire and the Water Fire are within two miles of one another, about 42 miles northwest of Truth or Consequences.

"Weather and burning conditions are favorable right now, allowing the fires to burn slowly and at low intensities. Late summer or early fall fires can be very effective in reducing accumulations of hazardous fuels. They also play an important role in improving forest and watershed health," said Bob Madrid, Assistant Fire Staff.

The Castle Fire has treated an area of about 200 acres, while the Water Fire has moved more slowly and is estimated to be about 100 acres.

"The fires could possibly merge together, but that could take some time," said Toby Richards, Fire Management Officer on the Black Range District.

A previously-treated area known as the Indian Peaks Prescribed Burn, just north of the Water Fire, is serving as a boundary since the Water Fire's growth becomes greatly impeded when it reaches areas with decreased amounts of hazardous fuels.

For more information about the wildland fire use fires on the Black Range District, call Toby Richards at 505-894-6677 in Truth or Consequences.

<<<   >>>

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