Roswell Daily Record THE VOICE OF THE PECOS VALLEY
Vol. 122, No. 292 75¢ Daily / $1.25 Sunday
December 6, 2013
www.rdrnews.com
FRIDAY
NMMI, Alumni trial date set for October 2014 JILL MCLAUGHLIN RECORD STAFF WRITER
A judge has set a trial date for next October to rule on the remainder of a lawsuit filed by the New Mexico Military Institute against its former Alumni Association. The Institute sued the Association in June, asking the court to seize some $5 million and additional funds held by the group. Eddy County District
Court Judge Jane ShulerGrey ordered a court trial date for Oct. 6, 2014. Shuler -Grey placed a temporary restraining order on the Association last month, ordering the Association to immediately stop using the Institute’s name, logos and crest. The trial will decide the remainder of the lawsuit. NMMI is asking the court to freeze the Association’s accounts, transfer the funds to the NMMI Foundation, order the Association
to account for any funds received while acting as an agent of the Institute, and for the Association to stop representing the school. Attorney Parker Folse, representing NMMI, said the trial date was a result of the court’s heavy schedule and availability. “We would have liked to have had an earlier court date, but we’ll do what we can with what we’ve got,” Folse said. The case will involve many witnesses and depo-
sitions, Folse said. The extra time would allow both sides time to prepare. In the interim, NMMI and the Association may have a chance to resolve the issues before the trial, Folse said. “The trial will resolve all the issues in this litigation,” Folse said. “We hope to resolve this litigation before it goes to trial, but that’s with any case.” Although the Association was ordered to stop using the Institute’s name,
tinue to support alumni activities just as it has done for nearly (50) years,” Phinizy said in the statement. “Our function has not changed. We believe that when all of the facts of the case are heard in court next year our position will be reaffirmed. We are currently working to satisfy the judge’s temporary injunction and will make more information publicly available when we have it.”
logos, crest and initials, the group has continued to operate, according to its attorney Jeffrey Dahl. The Association is prepar ed to move forwar d until the trial, Dahl said. “We’r e fine with the dates that ar e in the scheduling order,” Dahl said. “We’re going to move forward.” Association President John Phinizy released a statement Thursday. “The Alumni’s independent organization will con-
Mark Wilson Photos
Above: Motorists proceed cautiously along Main Street in downtown Roswell during heavy snowfall, Thursday morning. Left: Edward Jaramillo salts the sidewalk in front of the International UFO Museum and Research Center during heavy snowfall, Thursday morning.
NWS: Cold weather will continue through weekend
JESSICA PALMER RECORD STAFF WRITER
National Weather Service in Albuquerque issued a winter weather advisory around 7:30 a.m. Thursday, predicting significant snowfall and bitterly cold temperatures. According to its website, arctic air combined with an approaching storm system resulted in widespread
snowfall across southern and eastern New Mexico. The advisory stated that snows should move out of the area Thursday night, but forecasters expected considerable impact in terms of driving conditions. Although the storm will leave, the NWS said the cold weather will continue throughout the weekend. Drivers in the county reported sliding through intersections and trucks
stuck at the side of the road. Conditions in the city were marginally better, with skidding noted upon acceleration. By 9 a.m., all patrol units at District 3 New Mexico State Police Roswell of fices were out dealing with traffic accidents. Pecos Valley Communication reported 10 nonSee WEATHER, Page A3
Kauai charged after standoff Maley still wanted by FBI JESSICA PALMER RECORD STAFF WRITER
The Roswell Police Department spent more than three hours in a standoff situation Wednesday evening, when a sniper barricaded himself inside his home. Of ficers responded to reports of shots-fired on East Eyman Street, at 6:20 p.m. Tuesday. When officials arrived at the scene, they discovered Brian Joseph Kauai, 25, on the
roof of his residence armed with a shotgun and shooting at a neighbor’s home. The SWAT team was called. Kauai barricaded himself inside his home. The siege lasted for nearly four hours before the suspect came out and surrendered himself to the police. One window was broken when a shotgun shell, pellets or shrapnel penetrated the residence, but no one was injured during the See STANDOFF, Page A3
Mandela dead at 95
The Federal Bureau of Investigation is still looking for Matthew Duke Maley, 46, of Tucson, Ariz., who is wanted on federal drug charges.
The FBI believes he may be in southern New Mexico, possibly in the Las Cruces or Alamogordo area.
Kauai
South Africa's president said, Thursday, that Nelson Mandela has died. He was 95. See Page A6 for more details.
HIGH 40 LOW 22
TODAY’S FORECAST
Maley
See MALEY, Page A3
Udall reps available today at Roswell Public Library
Representatives from Sen. Tom Udall’s office will be on hand from 9:30 to 11:30 a.m. today at the Roswell Public Library, 301 N. Pennsylvania Ave., to talk with residents about veterans issues, Social Security benefits, immigration assistance, housing problems and passports.
AP Photo
As of 6 p.m. on Wednesday, Dec. 4, officials received information that Maley could be in Las Cruces and may be heading east on Highway 70
toward Alamogordo. Maley is wanted for distribution of methamphetamines and aiding and abetting. He is considered armed and dangerous and owns body armor. Maley drives an olive green Land Rover Discovery with a New Mexico license plate, numbers MSG-233. He is described as being a white male, 6 feet, 1inch tall, weighing between
“If you need assistance with a federal agency, my staff will guide you through the process and do what they can to help,” Udall said in a statement released Thursday.
A representative from the
• PAT MEDINA OTERO • CLIFFORD BUTTS • VICTOR CONTRERAS
New Mexico Department of Veteran Services will be available to discuss state veterans’ issues. Veterans can get information on benefits, eligibility determinations, Veterans Administration home loans and replacements of medals earned.
An Xcel Energy representative will be on hand to talk about weatherization and home energy efficiency programs.
Jane Batson, a representative with the Chaves County nonprofit organization Embrace, will also be at the event. Embrace has part-
• FRED N. MILLSAP JR. • PHYLLIS TULK • JOSE M. CAMPOS
TODAY’S OBITUARIES PAGE A6
nered with the New Mexico Health Insurance Exchange and the Chaves County Health Planning Council to distribute educational information about new opportunities for low-income or uninsured people to get health care coverage with the expansion of Medicaid under Centennial Care and the Health Insurance Exchange.
tion applications, immigrant petitions for relatives and adjustment of status applications that are delayed or lost.
Information will be available about assistance with immigration and naturaliza-
The event will take place at the Bondurant Room in the library.
Residents will be able to find information about Social Security benefits and eligibility and missing checks.
CLASSIFIEDS ..........B7
COMICS .................A9
FINANCIAL ..............B4
Representatives will be available to discuss housing problems with vouchers and federal loan programs. Residents can also have questions answered regarding obtaining emergency passports and get help with a lost passport and overseas travel restrictions.
INDEX GENERAL ...............A2 HOROSCOPES .........B7 LOTTERIES .............A2 NATION ..................A7
OPINION .................A4 SPORTS .................B1
WEATHER ............A10