Roswell Daily Record
Vol. 123, No. 238 75¢ Daily / $1.25 Sunday
THE VOICE OF THE PECOS VALLEY
October 3, 2014
Man found guilty of molesting 13-year-old girl BY JEFF TUCKER RECORD STAFF WRITER
The credibility of a 15year -old Roswell girl was central in a jury trial Thursday in Chaves County District Court where Abery Miller was found guilty of sexual assault involving a minor. Miller, of 307 W. Summit St. in Roswell, was found guilty by the 12-person jury of criminal sexual penetration in the fourth degree.
The victim was 13 years old at the time of the assault in February 2013, while Miller was 22. Miller, now 24, is scheduled to be sentenced by District Judge Freddie Romero on Nov. 5 after a pre-sentence report. Miller faces a maximum possible sentence of 18 months in prison and the requirement of registering as a sex of fender for 10 years. Miller is currently in the Chaves County Adult
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Detention Center on robbery and other charges stemming from incidents in Chaves and Eddy counties. The credibility of the 15year-old girl was in question at Thursday’s trial. No forensic evidence was introduced in the case, which hinged on the girl’s testimony and a love letter she admitted writing Miller in 2013. The girl told Roswell police detective Kim Northcutt in March 2013 she had had consensual sex
with Miller. On Thursday, she testified she was raped. The girl testified she awoke in a pickup truck and found that Miller was sexually penetrating her. Roswell attorney Doug Jones Witt, who represented Miller, said he was surprised with the verdict the jury reached after deliberating for about 2-1/2 hours. The 12-person jury had nine men and three women. “I was genuinely sur-
prised,” Jones Witt said after the trial. “I thought there was some doubt there.” The sordid and implicating love letter was given to the jurors as they went into deliberations. In it, the girl said she might be pregnant with Miller’s child. “You’re still sexy as (expletive),” states the letter, which deputy district attorney Michael Murphy
Host family of US Ebola patient confined to home See MILLER, Page A3
Abery Miller
DALLAS (AP) — Four members of a family the U.S. Ebola patient was staying with were confined to their Texas home under armed guard Thursday as the circle of people possibly exposed to the virus widened, while Liberian authorities said they would prosecute the man for allegedly lying on an airport questionnaire. The unusual confinement order was imposed after the family failed to comply with a request not to leave their apartment, according to Dallas County Judge Clay Jenkins. Texas State Health Commissioner David Lakey said the order would help
ensure the four can be closely watched, including checking them for fevers over the next three weeks. “We didn’t have the confidence we would have been able to monitor them the way that we needed to,” he said. The family will not be allowed to receive visitors, officials said. The case has raised questions about whether a disease that has killed 3,300 people in West Africa could spread in the United States. U.S. health officials say they remain confident they can keep it in check. A woman who lives in the
STAFF REPORT
from those who wish to strip arms from American citizens. Our Founding Fathers considered the right to bear ar ms absolutely essential in order to preserve the republic. I feel that this sentiment is just as true now as it was then. If I am re-elected, I will continue to fight to ensure that this fundamental right is protected.” Pearce, of Hobbs, faces Democrat Rocky Lara, of Carlsbad, in the general
NRA endorses Pearce
A Great Escape
The National Rifle Association Political Victory Fund has announced its endorsement of Steve Pearce in the race for New Mexico’s 2nd Congressional District. Pearce received an “A” rating from the NRA. “I would like to thank the National Rifle Association for endorsing me for reelection,” Pearce said. “I have always fought to protect the 2nd Amendment
Bill Moffitt Photos at the fair through Saturday.
A b o v e : Indianapolis native Kristin Johnson picks open a pair of handcuffs while underwater during her performance at the Eastern New Mexico State Fair. Billed as “The Lady Houdini,” Johnson will be performing
R ig ht: Johnson frees herself from a straitjacket while hanging upside down in the treetops at the Eastern New Mexico State Fair Monday afternoon. Officials expect 55,000 visitors at this year’s fair.
See EBOLA, Page A3
‘Legal Flyer’ app aims Ministry to give away electric wheelchairs to protect drone flyers BY LIAM CARY-EVANS NEW MEXICO DAILY LOBO
ALBUQUERQUE — Talk of drones can conjure concerns about privacy, safety and ethics for many, but one man has a dif ferent worry. He wants protection for himself while controlling any of his personal unmanned aerial vehicles. Paul Aitken uses his drones to take photos and videos, a practice that is at the intersection of new technology and privacy laws. He needed a solution that would protect him from lawsuits by ensuring that he wasn’t taking footage of people without their consent, he said. “Most people are worried about drones ruining their privacy. They think that they are weaponized, unmanned vehicles,” Aitken said. “Drones bring perspective. It’s a new style.” In order to prevent such problems, Aitken teamed up with Jason Bache of Nerds Limited, a local elec-
tronics shop, to come up with an application called “Legal Flyer.” The app is meant to ensure people in commercial footage are aware they are being recorded in addition to preventing lawsuits. Bache created “Legal Flyer” under Aitken’s ownership. “‘Legal Flyer’ is the easy and convenient way for pilots to obtain flight permission and property releases all from the iPad,” Aitken said. “It is illegal to take footage of people on their property or in their homes without their permission.” The two work with real estate companies, using their drones to take photos and video of properties from a unique perspective that is otherwise hard to achieve. Although the team has per mission to take footage of a particular house, they must get permission from neighbors in case footage of their properties was to slip in. See DRONES, Page A2
HIGH 72 LOW 47
TODAY’S FORECAST
BY RANDAL SEYLER RECORD CITY EDITOR
Prison Door Ministry, run by longtime community volunteer Johnny Gonzales, is collecting health and medical supplies for distribution to needy residents in Roswell and Chaves County. Gonzales, 64, is no stranger to medical emergencies and needs. During his lifetime, he has undergone a kidney transplant and went through years of dialysis. On Thursday, Gonzales was flown to Albuquerque to have a surgical procedure to clear blocked arteries around his heart. In spite of being in poor health, Gonzales said on Wednesday that he intended on being back by Oct. 19 so he could hold a giveaway drawing for the two electric wheelchairs he has had donated to his cause. “The calls have really been coming in asking for help with wheelchairs and canes,” Gonzales said,
• LOIS CANTRELL
Randal Seyler Photo
Johnny Gonzales, seated at right, is joined by his family at his Prison Door Ministry office on Wednesday. Gonzales is collecting medical supplies, especially wheelchairs, canes, crutches, and adult diapers for distribution to needy residents. Seated next to Gonzales is his wife, Mary, and behind them are their children and grandchildren, Mariah Martinez, from left, Michele Martinez, Malena Martinez and Josiah Paredes.
“and I have been going to different service organizations asking for donations.”
Gonzales had several cases of adult diapers that had been donated, and which he was redistribut-
• BETTY COMPTON
TODAY’S OBITUARIES PAGE A10
ing as people need them, and he has two electric wheelchairs that have been donated to the ministry.
“I want to be able to give these chairs to people from the dialysis center,
CLASSIFIEDS ..........B8 COMICS .................B6 ENTERTAINMENT .....B7 FINANCIAL ..............B5
who have lost their foot or leg due to their declining health,” Gonzales said. He intends to have a drawing for the two chairs he has available, but he hopes to See GONZALES, Page A3
INDEX GENERAL ...............A2
HOROSCOPES .........B7 LOTTERIES .............A2
OPINION .................A4
SPORTS .................B1
WEATHER ............A12