Teen Drives into Saints and Sinners
Transcription
Teen Drives into Saints and Sinners
Thank You, Blood Donors. 28 Donors Gave 33 Units! Volume 58, Number 18 Española, New Mexico 87532 Thursday, January 29, 2015 38 pages, 4 sections 50 cents Teen Drives into Saints and Sinners By Wheeler Cowperthwaite SUN Staff Writer A 17-year-old Española boy allegedly drunkenly drove into the side of the Saints and Sinners bar shortly before midnight Jan. 24, while patrons were drinking. Chris Abeyta, who turned 18 four days after the crash, allegedly drove through a fence, a field and between two closely spaced fence posts, before slamming into the side of the adobe bar, taking out the front left corner, according to witnesses, police reports and E911 Dispatch Center logs. After he took out the corner of the building, Abeyta allegedly ran from the vehicle into the field between Saints and Sinners and the Shell gas station, with a bottle of vodka clutched in his hand, according to witnesses and police reports. “As I walked up to the scene I noticed a male sitting down in the field that was just south of the building,” Española Police Officer Victor Grossetete wrote in a report. “He was being held by another male. He seemed to be injured.” Abeyta allegedly said he drank the bottle of vodka. He and his passenger, 14-year-old Bernardita Chavez, were transported to the hospital. Ventura Lovato was walking out of the bar when her left leg was grazed by the truck, pushing her to the ground. Dominic Aguilar was walking out of the bar with her, but he suffered no injuries, Lovato said at the scene. The people inside the bar suffered no injuries. Even though Abeyta was a juvenile at the time of the crash, Española’s newest detective, Cpl. Daniel Espinoza, relied on the juvenile’s consent to have his blood drawn. “(Officer Jason Gallegos) advised that Corporal Espinoza said that the juvenile could consent to a blood draw because he See 'Patrons' on page A3 FBI Eyes Rodella's Fund Wheeler Cowperthwaite and Barron Jones SUN Staff Writers (SUNfoto by Wheeler Cowperthwaite) Española Police Officer Chris Blea inspects the Ford Ranger Chris Abeyta, 17, allegedly drunkenly drove Jan. 24 into the corner of the Saints and Sinners Bar on Riverside Drive. One woman said she was injured when the truck grazed her leg, forcing her to the ground. Both Abeyta and his 14-year-old passenger were transported to the Española Hospital but no one suffered serious injuries. Former Rio Arriba County sheriff Tommy Rodella is still under investigation by the Federal Bureau of Investigation for allegedly extorting money from motorists for his scholarship fund. The FBI seized $3,275 from a bank account set up to hold the money, Jan. 23. The “donations” Rodella allegedly had motorists “contribute” to the fund happened between December 2012 and April 2013, according to federal court documents. See 'Fund' on page A3 Auditors Issue 'Unmodified' School Board Candidates Have Opinion on RA County Audit Had Few Brushes with Law By Ardee Napolitano By Barron Jones SUN Staff Writer Unlike its city of Española counterparts, Rio Arriba County officials won’t have capital outlay funds held hostage because of poor audit findings or missed deadlines. Independent auditors from the Accounting and Consulting Group, LLP concluded the financial statements Rio Arriba officials submitted for review reasonably depicted the County’s “financial position” through the unmodified opinion it submitted to the state’s auditor’s office. An unmodified opinion is considered the best opinion an external auditor can give. It means that the auditor didn’t run into any obstacles while reviewing the records and the auditor believed the financial statements submitted accurately reflected the entity’s financial dealings. Auditors issued two findings, which is a significant drop from the six uncovered in 2013, but one more than the finding uncovered as a result of the 2012 audit. The more serious of the two findings noted the County Treasurer’s Office employees didn’t properly review the financial in- SUN Staff Writer (SUNfoto by Barron Jones) County Manager Tomas Campos (left) reviews documents while Commissioner Danny Garcia listens to a presentation given during a 2014 County Commission meeting. An independent auditing firm issued an unmodified opinion, which means the financial statements submitted for review accurately reflect the County’s finances. stitution’s collateral juxtaposed with the bank balances, to ensure the County’s money is properly protected. “Good accounting practices require period comparisons between bank deposit balances and collateral on hand, to ensure public money is safeguarded in the event of bank failure,” the report states. New Mexico law requires any See 'Audit' on page A2 Some Española School Board candidates have participated in illegal hunting, driving while intoxicated and traffic violations. According to online court records, four candidates had to clear cases in various courts. These include District 1 hopeful Dominic Tafoya, District 4 incumbent Pablo Lujan, District 5 incumbent Andrew Chavez and District 5 candidate Renee Martinez. An Española native, Martinez was booked Dec. 2, 2012 into the Rio Arriba County Detention Center for charges of hunting by spotlight or artificial light, the County’s online inmate database states. She was released on a $1,000 cash-only bond later that day. On Dec. 20, 2012, former Chama Magistrate Court judge Joseph Madrid heard her case, which was then dismissed without prejudice. Martinez did not return requests for comment. Tafoya was charged with aggravated DWI in Española Magistrate Court May 1, 2012 after an April 20, 2012 drunk driving incident, online court records state. He pleaded not guilty before Española Magistrate Judge Alex Naranjo on May 11, 2012. After asking for a request for disclosure of evidence and witness interviews, Naranjo dismissed the case without prejudice on Sept. 5, 2012, online court records state. Tafoya said although he had some wrongdoings in the past, the drunk driving offense is irrelevant with regard to his candidacy. “I was never convicted,” he said. “I don’t know why people would be concerned about my past when they should be concerned about the School District’s future. The main concern right now is the kids and the schools closing.” In 2012, he got two speeding citations that he had to clear in Española Magistrate Court. Another came in June 2014. The five other candidates running for the School Board’s three contested districts show no infractions on nmcourts.gov. These include District 1 incumbent Ralph Medina and candidate Yolanda Salazar, District 4 candidates Leonard Valerio and Raymond Ortiz and District 5 candidate Ruben Archuleta. Mesa Vista School Board There were no significant law infractions in any of the candidates' recored. Chama Valley School Board Candidates for the only contested position on the Chama Valley School Board have past court cases that may haunt their election bids. While he was studying at New Mexico State University, Position 1 candidate Tirzio Lopez was charged with selling or giving alcoholic beverages to a minor, possession of alcoholic beverages by a minor and concealing his identity in September 2006. He was 20 at the time. Lopez was arraigned Dec. 28, 2006 in Las Cruces District Court. After undergoing a jury trial See 'Most' on page A5 School Board Played Part in Superintendent Hires This is the final story in a three-part series covering the many facets of former Española School District facilities supervisor Mark Chavez’s wrongful termination suit brought against the District. The first week’s story covered how a contractor landed the job to build Fairview Elementary School. Last week’s story looked at several Española businesses who Chavez claims were given preferential treatment in obtaining contract jobs from the District. This week addresses other questionable contracts and focuses on abuse Chavez alleges he suffered while trying to do his job. He also exposed the way Board members hire and fire superintendents. The District has had six in the last five years. By Robert Trapp SUN Publisher Mark Chavez’s October 2013 lawsuit against the Española School Board was based on his wrongful termination. His allegations of emotional and mental abuse by Board members are complimented by a host of other accusations regarding large and small contract awards, forced hirings and firings and political payback for those who support Board members. The case was settled Nov. 17, 2014 in federal district court, under a sealed agreement for $65,000, excluding attorney’s fees. Mark Chavez’s attorneys Daniel Yohalem, Richard Rosenstock and Katherine Murray filed a motion in U.S. District Court Dec. 26, 2014 seeking $339,024.93 in fees, taxes and costs. Mark Chavez lays most of the abuse he tolerated at the feet of Board member Andrew Chavez. Mark Chavez cited many incidents where Andrew Chavez ordered Mark Chavez to hire someone, not allow someone to re- ceive a legal contract or operate in an illegal manner. Depositions of Board members and employees also hash out the hiring of Andrew Chavez’s wife, Jennifer, to a position for which she held questionable qualifications. Yohalem contacted Mark Chavez with a request to be interviewed. Chavez never responded. Additionally, two companies that are alleged to have received special treatment are ProSec, a security company owned by former District board member, former county commissioner and former Jemez Mountains Electric Cooperative trustee Elias Coriz. Southwest Design owner John Paul Romero is also alleged to have received special treatment by the Board. The Board decided in 2006, the year after Coriz came off the school Board, to give him a multi-year contract resulting in Coriz’s company being paid between $300,000 and $600,000 annually for the past seven years. “Pro Sec has also been the subject of numerous complaints about the conduct of its employees, including allegations that employees had sex with a student, sold drugs to students and failed to provide adequate security for students,” the lawsuit states. Rosenstock led Andrew Chavez through the timeline of the District replacing Akal Security in 2006 and hiring Coriz’s company. Coriz came off the Board in 2005 and created his security company the same year. “And Mr. Coriz had been employed as a security guard at the (Los Alamos National) Lab, had he not?” Rosenstock asked. “At the time I didn’t realize that,” Andrew Chavez testified. Rosenstock asked if Coriz’s company had any other clients at the time but Chavez said he didn’t know. Rosenstock introduced into evidence payments the District made to Akal for the last half of the 2006 school year. It totaled $132,000. He then showed Andrew Chavez the bid Pro Sec submitted for the 2006-07 school year, See 'Facilities' on page A4