Roswell Daily Record THE VOICE OF THE PECOS VALLEY
Vol. 123, No. 301 75¢ Daily / $1.25 Sunday
December 16, 2014
Supreme Court picks Roswell for dairy hearings BY JEFF TUCKER RECORD STAFF WRITER
The New Mexico State Supreme Court on Monday upheld a lower court decision that will keep the upcoming Dairy Rule hearings in Roswell, thwarting a legal move by an environmental group to have the rule-making hearings held in Santa Fe instead of Roswell. The hearings, which had been scheduled to take place in Roswell Dec. 9-12, have yet to be re-sched-
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uled, said Jim Winchester, communications director for the New Mexico Environment Department. State Rep. Candy Spence Ezzell said Monday’s high court’s decision was very welcome news. “This does give the people that are affected the most the opportunity to attend these hearings and have their input heard,” said Ezzell, R-Roswell, who is also a Roswell-area cattle rancher. “And it gives the industry a chance to give their side of the story also.
That way, they don’t have to take of f of work and leave their businesses behind while they have to spend three to four days in Santa Fe.” Secretary of Environment Department R yan Flynn said NMED was also happy with the outcome of Monday’s expedited Supreme Court hearing. “The New Mexico Environment Department is pleased with today’s Supreme Court ruling that will keep the upcoming Dairy Rule hearing in
Roswell, which is in the region where the overwhelming majority of New Mexico’s dairies are located,” Flynn said Monday. “As the Environment Department has argued all along, hearings on important rulemakings need to be held in locations where those most affected will be able to participate in the process regardless of the subject matter. In this case, that location is clearly southeast New Mexico.” Winchester said the dates for the upcoming
Real world experience
Dairy Rule hearings will be discussed at the next meeting of the New Mexico Water Quality Control Commission. The WQCC in September determined that the hearing on the proposed Dairy Rule amendments would be held in Roswell. The WQCC said Roswell is the ideal location for the hearing because Roswell, the county seat city of Chaves County, is centrally located in the heart of the state’s dairy industry and the people who would be
most impacted by the proposed dairy amendments.
STAFF REPORT
intersection of Brasher Road and Eisenhower Road.
The state’s dairy industry, the largest producer of agricultural products in the state, comprises more than 170 family-owned businesses in central and souther n New Mexico, about 90 percent of which are in south and southeast New Mexico. Furthermore, there are no dairies north of Bernalillo County and none in the Santa Fe area.
State Police investigate fatal rollover
State Police are investigating a fatal rollover accident that occurred southwest of Roswell on Sunday evening. Briana Lopez, 23, of Roswell. was killed when her vehicle left the roadway and rolled over, according to a Department of Public Safety news release. At about 5:45 p.m. an officer from the New Mexico State Police responded to the scene of a single vehicle rollover accident. This accident occurred near the
See DAIRY, Page A3
According to police, the vehicle was going west on Brasher Road when it left the roadway for an undetermined reason, traveled down an embankment, then rolled into a ravine, ejecting the driver. Lopez was not wearing a seatbelt and was pronounced deceased at the scene.
This accident is still under investigation, according to police.
Police investigating another homicide STAFF REPORT
Max Scally Photos
Roswell Police are investigating the homicide of a 32-year-old man who was shot Sunday evening. Joe Anthony Garza died of gunshot wounds in the roadway at the intersection of East Tilden Street and South Mulberry Avenue, according to a news release from the Roswell Police Department. His body was discovered by of ficers shortly after a 911 call came in
The Roswell Job Corps culinary students prepared and served lunch Monday at the inaugural Employer Appreciation Day held at the Roswell Convention and Civic Center. The menu included a Mexican-style taco bar, roasted pork and roasted chicken. The students’ instructor is Amanda Scott. The Job Corps was authorized by President Lyndon Johnson in 1964 and is the nation's largest and most comprehensive residential education and job training program for at-risk youth, ages 16 through 24. In 2014, the Roswell Job Corps enabled 99 young people to get their high school diplomas and another 24 to get their GEDs. Consequently, 123 young people are now in the workforce with a basic education. The guest speaker was Mayor Dennis Kintigh and City Councilor Natasha N. Mackey sang the national anthem.
about 5:30 p.m. reporting shots fired.
Investigators are in the pr ocess of interviewing persons of interest and are trying to locate other persons of interest. Anyone with infor mation regarding this case is asked to call the Roswell Police Department at 6246770 or Chaves County Crime Stoppers at 1-888594-8477.
Several jury trials delayed Mallion to serve on bench BY JEFF TUCKER RECORD STAFF WRITER
Several high-profile jury trials that had been scheduled to take place this month in Chaves County have been continued until next year. The jury trial of Kenneth “Ray Ray” Whiteside was scheduled to take place today in Fifth Judicial District court in Roswell, but it was continued last week until an undeter mined date. Whiteside is accused of breaking into a neighbor’s home near Spring River Park and Zoo in January and raping and savagely beating a 40-year -old woman before leaving her for dead. The victim, who was stabbed in the neck and sides, said Whiteside, armed with a gun, broke into her house and stabbed her with a knife he acquired inside her home. Whiteside, 19, most
recently of 1503 Pecan Drive, was caught Jan. 4 allegedly in possession of some of the items he allegedly stole from the victim’s home, including her wallet and driver’s license. Whiteside is charged with attempt to commit firstdegree murder, aggravated battery with a deadly weapon, criminal penetration in the first degree, kidnapping in the first degree and bribery of a witness. He is being held at the Chaves County Detention Center on $500,000 bond. Whiteside, who attended Goddard High School, is being prosecuted by Jody Mullis of the District Attorney’s Office. He is represented by Anna Marie Bell of the Public Defender’s Office. District Judge Kea Riggs is hearing the case.
Joseph Lucero
The jury trial of Joseph G. Lucero, which had been set for Dec. 2, has been rescheduled for Feb. 24 and
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TODAY’S FORECAST
25 before District Judge Freddie Romero. Lucero is charged with second-degree murder for the Nov. 17, 2013, shooting death of Victor Contreras in the 2900 block of South Emerald Drive. Lucero, 38, most recently of 713 N. Beech St., is also charged with being a felon is possession of a firearm. According to court records, Lucero shot Contreras while the two men were fighting near a car at 2909 S. Emerald Drive. Contreras was flown to a hospital in Lubbock, Texas, where he died of his injuries. Lucero was arrested in connection to the murder on Dec. 1, 2013. He is being held at the Chaves County Detention Center on $500,000 bond. Lucero in July asked for a bond reduction. Romero said Lucero has strong ties to the community, but the See TRIALS, Page A3
after law enforcement career
Swearing in ceremony planned for Jan. 1 BY RANDAL SEYLER RECORD CITY EDITOR
Municipal Court Judge appointee Louis Mallion has spent his career in law enforcement, but he never really thought he’d ever serve on the bench. “As a law enforcement officer, you think about what it would be like to be a judge, and I have known several judges, since so many judges are former law enforcement officers,” Mallion said on Monday. “But I never really thought about it.” Mallion, 64, was nominated by Mayor Dennis Kintigh on Thursday to serve on the municipal court bench for the remainder of retiring
• NANCY EVELYN WILLIAMS • RUBY HELEN HOWARD HAY • MARY NELLIE PADILLA
TODAY’S OBITUARIES PAGE A6
Judge Larry Loy’s term. The City Council approved the mayor’s choice. A swearing in ceremony for Mallion will be held at 11 a.m. on Jan. 1 at City Hall. Mallion is no stranger to Roswell, having served on the Roswell Police Department for 13 years, beginning in 1982. He retired in May from the Department of Public Safety’s Special Investigation Division, and he’d planned on a life of travel and fishing — at least until his phone rang. “I got a phone call and was told I need to put my name in for the opening,” Mallion said. “I didn’t even know there was an
Mallion
opening.” Mallion was one of seven applicants for the judicial opening. The City Council met in closed See MALLION, Page A3
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INDEX GENERAL ...............A2
FINANCIAL ..............B4
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COMICS .................B5
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OPINION .................A4
SPORTS .................B1
WEATHER ..............A8