Roswell Daily Record
Vol. 124, No. 106 75¢ Daily / $1.25 Sunday
THE VOICE OF THE PECOS VALLEY
May 2, 2015
Saturday
www.rdrnews.com
School shooting victims awarded nearly $2M
By Jeff Tucker Record Staff Writer Insurance carriers for the Roswell Independent School District have paid nearly $2 million in structured settlements to two victims of the Berrendo Middle School shootings for medical expenses and other compensatory damages. The Daily Record on Friday afternoon obtained the legal pleadings in the litigation that resulted in a court-approved mediated settlement. Attorneys for Berrendo Middle School shooting victims Kendal Sanders and Nathaniel Tavarez, whom Gov. Susana Martinez had stand on
either side of her during the governor’s State of the State address on Jan. 20, petitioned for damages Dec. 31 in Second Judicial District Court in Albuquerque. On March 10, Second Judicial District Judge Carl Butkus approved an order providing periodic payments to Sanders and Tavarez that will pay the medical bills for the two teens. Sanders, 13 years old at the time of the Jan. 14, 2014, shooting committed by then11-year-old Mason Campbell, was awarded $937,500, court records show. Tavarez, 12 years old at the time, was awarded $1 million. Sanders is receiving 96
percent of the net settlement, with her parents receiving the remaining 4 percent for reimbursement of their expenses. “This money is Kendal Sanders’ money,” court records state. “This money may not be used by (her parents) Bert Sanders and Nickie Portio for themselves or anyone else’s needs, nor for food, clothing or shelter for Kendal, which Bert Sanders and Nickie Portio realize they are obligated to provide for Kendal Sanders.” Tavarez is receiving 95 percent of the net settlement, while his parents, Alfred and Donna Tavarez, received 2.5 percent of the net settlement for their expenses and claims.
Court records also state Tavarez’s parents may not use any of the settlement funds for their needs. “This money is Nathaniel Tavarez’s money,” court records state. Butkus approved structured settlement annuities for both teens that pay their medical and legal bills and allocate their remaining monetary awards over time. The bulk of the awards will be paid to both teens in lump sum payments after 2022, after their medical bills have been paid. Sanders, as of March, had incurred medical bills of $244,326 resulting from the shooting, court records state. Tavarez, now 13 and an
eighth-grader at Berrendo Middle School, had medical bills totaling $585,710, as of a March 6 court filing. Both Roswell teens had to undergo multiple surgeries and both still have lead pellets in their bodies from the sawed-off shotgun attack. Tavarez suffered the most extensive injuries from the school shooting. He has hundreds of lead pellets in his body and also suffered a blind left eye, court records state. Court records state both teens will require future medical procedures. Among them, Tavarez must undergo frequent, painful procedures to scrape his eyes to remove dead areas of tissue, while
Sanders will likely have to undergo a revision of an arterial graft as she grows, court records state. Campbell pleaded no contest to the shootings and was sentenced to the custody of the New Mexico Children, Youth and Families Department until he turns 21. Campbell said he had been the victim of bullying at Berrendo Middle School. “If the case were to proceed, Kendal and her family would likely have argued that the Roswell Independent Schools negligently operated the school building ... in that Kendal’s injuries were caused See SCHOOL, Page A3
Nancy Lopez Elementary gets A-list visit
Bill Moffitt Photos
Above: Bass guitarist Nik West talks to the student body at Nancy Lopez Elementary School Friday. West stars in the hit TV show “Glee.” Left: West gives the “peace sign” while posing with students from Nancy Lopez Elementary School Friday morning. West, who plays bass guitar, had about a dozen students help her with her program by playing “air guitar” and “air drums.” Participants were rewarded with tickets to her show Saturday at NMMI. West was recently on “American Idol” as a guest star.
Up, up and away!
Bill Moffitt Photo
The first known handicapped balloon pilot, Michael Glen, waves to his ground crew below as his passenger, Lauryn Vernon, 6, of Military Heights Elementary School, checks out the shrinking scene below during liftoff of Glen’s balloon “Elevation” at Monterrey Elementary School Friday morning. Glen is now one of two handicapped pilots in the world. He rides in a special bench seat instead of the traditional wicker basket — truly flying “by the seat of his pants.” This was Vernon’s first hot air balloon ride. Today and Sunday, Roswell Toyota will present the 28th annual Old Timers Balloon Rally. Around 70 balloons, pilots and crews are coming to Roswell from throughout the Southwest and Midwest. Inflation of the balloons will be at the Cielo Grande Recreation Area, located in the 2000 block of West College on the northwest side of the soccer fields, around 6:30 a.m. both days.
For more photos of hot air balloon activities, see Page A3 Today’s Forecast
HIGH 89 LOW 54
City takes action to solve cemetery drainage issue Submitted by City of Roswell Drainage improvements recently completed at the Douglas McBride Veterans Cemetery will enable that cemetery to avoid a repeat of the problems seen there last month. Following heavy rains on April 13 that created water pooling on the ground and the sinking of several graves, the city took temporary measures such as using sandbags and other
• Jeneva (Neva) Irene Glenny • Genevieve Jones
See ACTION, Page A2
It’s good to be blue Staff Report A press conference was held Friday at the Roswell Chamber of Commerce to kick of “Embracing the Badge,” which is an effort to recognize and thank law enforcement in Chaves County. Law enforcement agencies in Chaves County include the New Mexico State Police, the Chaves County Sheriff’s Office and the Roswell,
Dexter, Hagerman and Lake Arthur police departments. Mayor Dennis Kintigh said in a proclamation that these dedicated men and women put their lives on the line every day protecting the citizens of Roswell, Chaves County and the State of New Mexico. A similar proclamation was read by County Commissioner Corn on behalf of the county. See BLUE, Page A3
Index
Today’s Obituaries Page B3
• Betty Jo Casper • Leonard Claude Ferguson Sr.
equipment to divert the water and digging a small trench to drain the water. The incident accelerated the execution of plans the city already had in place to upgrade the drainage at the south Roswell cemetery that opened last summer. The existing maintenance contractor, Abraham’s Construction, was immediately approved to do the necessary
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