Ashlynne Mike's abduction, death

Off the Beaten Path, Page 2

Martin qualifies for state, Sports Page 1

Wednesday

Lady Patriots

May 4, 2016 Number 135 Volume 129

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Bankruptcy resolution imminent?

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Arrest in girl’s killing

Judge sets Diocese confirmation hearing

By Elizabeth Hardin-Burrola Independent correspondent religion@gallupindependent.com

ALBUQUERQUE — U.S. Bankruptcy Judge David T. Thuma scheduled a confirmation hearing on the Diocese of Gallup’s Chapter 11 plan of reorganization for June 21, after attorneys for the diocese filed amended copies of the plan and disclosure statement early Tuesday.

Thuma then spent much of the court hearing working out the deadlines that will lead up to the confirmation hearing.

As outlined in the order Thuma signed later in the afternoon, diocesan attorneys will mail solicitation packages to classes of creditors in the bankruptcy case by May 17. Clergy sex abuse claimants will receive ballots to accept or reject the diocese’s plan of reorganization. The ballot voting deadline of June 10 will also be the filing deadline for any objections to the agreements the Gallup Diocese has negotiated with the insurers and participating parties that are contributing money to fund the plan of reorganization.

Cayla Nimmo/Independent

Gary Mike hugs his son Ian Mike during the candlelight vigil in honor of his daughter Ashlynne Mike Tuesday at the San Juan Chapter House in Fruitland.

Ashlynne and Ian were abducted Monday in the Fruitland area. Ian escaped but Ashlynne’s body was discovered Tuesday morning near Shiprock.

Waterflow man charged in death of 11-year-old

See Diocese, Page 5

Snafu foils city salary donation attempt

By Vida Volkert Staff writer eastnavajo@gallupindependent.com

By Kathy Helms Cibola County Bureau cibola@gallupindependent.com

GRANTS — A Grants city councilor’s attempt to donate her salary to benefit her constituents in District 3 hit a snafu.

“As many of you know, I ran for office and my campaign promise was not to accept any money — monetary gain — and to have the money go to a District 3 repair fund,” Councilor Cydni Reynolds announced at Monday’s City Council meeting.

“There have been a number of obstacles placed in my way,” she said. “There is an ordinance that pertains to the mayor and five City Council members that mandates they are paid. I requested Cydni an amendReynolds ment to that to put an exclusionary phrase. My request was dismissed.”

During her campaign, Reynolds said, “Things aren’t being done within District 3 and we’re told that there isn’t any money. I am

See Grants Council, Page 5

Cayla Nimmo/Independent

Search and rescue vehicles help block off the investigation area after the body of Ashlynne Mike was discovered 6 miles south of the Shiprock formation Tuesday in Shiprock.

SHIPROCK — The arrest of a 27-year old Waterflow man culminated a manhunt for the killer of 11-year old Ashlynne Mike, who was abducted from her neighborhood Monday afternoon and found dead the next morning on a desolate field about 6 miles south of the Shiprock formation in San Juan County.

Tom Begaye was arrested Tuesday afternoon in connection with the abduction and slaying of Mike, according to Frank Fisher, media coordinator at the FBI Albuquerque Division.

Begaye is scheduled to appear before U.S. Magistrate Judge B. Paul Begaye Briones in Farmington Wednesday.

Navajo Nation Police Capt. Ivan Tsosie stated in a news release Tuesday that Begaye was arrested at a residence in Lower Fruitland. The suspect vehicle, a maroon-colored van, was also seized from the residence.

See Arrest in girl’s killing, Page 5

County hopes JPA puts teeth in animal control

By Laura London Staff writer county@gallupindependent.com

GALLUP — Animal control was the feature discussion of the McKinley County Board of Commissioners regular meeting Tuesday, with approval of a joint powers agreement with the city of Gallup and first reading of a new county animal control ordinance.

County Attorney Doug Decker said the joint powers agreement establishes the Gallup-McKinley County Animal Control Authority, which will include a board with representatives from the city and county, similar to the

Jail Authority Board and the Metro Dispatch Board. The county will have two representatives on the animal control board and the city three.

Decker said the city will cover 60 percent of animal control costs and the county 40 percent. He said the city will be the fiscal agent, and the animal control officers will be paid by the city. Currently, he said, animal control comprises three city employees and one Humane Society employee paid by the county. The new joint powers agreement allows for the same four animal control officers, but all four will have jurisdiction within city limits and beyond into the county.

Decker said the city adopted the joint powers agree-

ment at the Gallup City Council regular meeting April 26. He wanted to have the first reading of the county’s new animal control ordinance to be presented at the same meeting as the joint powers agreement.

Decker said the county had a joint animal control ordinance with the city that was implemented in 1991.

Staff found a proposed joint powers agreement with that ordinance that the county had adopted but the city hadn’t, although both entities had adopted the ordinance.

Decker said the 1991 ordinance was “OK, but with some confusing items.” He said the Humane Society has

See Commisson, Page 5

Sibling brouhaha ends in woman’s arrest

By Bill Donovan Independent correspondent cops@gallupindependent.com

GALLUP — A fight between a brother and a sister resulted in the sister being arrested on multiple charges.

Gallup Patrolman Domenic Molina was dispatched to

a trailer on the 2500 block of East Aztec Avenue about 2:45 a.m. Monday.

When he got there, he met Larrick Spencer, who told him that his sister Veronica Spencer, 28, threatened him with a knife and took his 8-year-old daughter with her when she left. Molina found Veronica

Spencer and Larrick’s daughter within minutes.

Molina said Veronica Spencer had mud on her knees and a cut on her hand.

She reportedly said her brother hit her and pushed her down, which is why she left his trailer.

When Molina looked in

the trailer, he saw glass and a television set thrown on the floor. When he questioned the daughter, she told him that Veronica Spencer had grabbed her by her arm, causing her to be scared.

Veronica Spencer was charged with aggravated assault, custodial interference,

abuse of a child and criminal damage to property.

LOCAL

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Diocese Continued from Page 1 But before the voting deadline, abuse claimants have been promised they should be able to electronically access a read-only personnel file of their abuser.

“They will be able to access the file of the person named in the proof of claim as the abuser,” Susan Boswell, the diocese’s lead attorney, told Thuma. “There will not be the ability to download or print the file or duplicate it in any manner,” she added, explaining that abuse claimants who view their abuser’s file are bound by a confidentiality order.

Although court documents outline how this password protected system should work, James Stang, the legal counsel for the Official Committee of Unsecured Creditors that represents the interests of abuse claimants, told Thuma the attorneys’ Internet technology specialists have yet to work out the security details of the system.

“If it’s not possible,” Stang said, “I don’t know if this provision ends up going away.”

Stang also raised a question about the procedures of the upcoming confirmation hearing, asking if members of his committee and possibly other abuse survivors could address the court personally.

Thuma, who expressed hesitation about the idea, agreed to the request after questioning Stang about how long those abuse survivor statements might be, noting he didn’t want th e statement period “to drag on” during the hearing.

“I think it’s important for them to give their piece,” Thuma said, “but since I don’t think I’m going to let the debtor have a counter argument … try to make it so it’s not just a broadside attack on the debtor.”

Non-monetary commitments In addition to filing the

amended plan documents, diocesan attorneys also filed two exhibits they hadn’t filed previously. The first was the diocese’s agreement with St. Bonaventure Indian Mission and School. The Catholic mission in Thoreau has agreed to contribute $550,000 to the diocese’s plan of reorganization in exchange for settlement of its property dispute with the diocese.

The second exhibit was the list of non-monetary commitments diocesan attorneys negotiated with Stang’s committee and attorneys representing abuse claimants.

Contrary to the wishes of a number of abuse survivors, the Diocese of Gallup did not agree to publicly release the files of credibly accused abusers. The diocese, however, agreed to let abuse claimants have digital access to their own abuser’s file for up to one year — under the tight Internet security provisions the attorneys and computer specialists are trying to arrange.

Other non-monetary provisions include referring to abuse claimants as survivors of clergy sexual abuse rather than “alleged victims” or “alleged survivors,” providing a mechanism for abuse survivors to tell their stories, posting clergy abuse-related information on the diocesan website for specific lengths of time, and prominently displaying abuse awareness plaques in Catholic parishes and schools.

In addition, Bishop James S. Wall will be required to send personally signed letters of apology to all abuse claimants, and he will be required to make well publicized visits to each operating Catholic parish or school “in which abuse is alleged to have occurred” or where identified abusers have served. Invitations will be extended to all known survivors of abuse from those communities.

The confirmation hearing will be held at 9 a.m. June 21 at the Sandia Courtroom in Albuquerque’s U.S. Bankruptcy Court. The hearing is open to the public.

Grants Council Continued from Page 1 retired, thereby able to devote time to the position of city councilperson and most importantly, if elected, I will use the position salary of $1,000 per month for improvements within District 3,” including repairs to sidewalks, curbs and roads.

“I don’t think, in this economic environment, people should be supplementing their income with taxpayer dollars that can be used to improve their community,” she said.

Reynolds said her next avenue is to start a petition and submit it to council to force the possibility of an amendment.

“I will not be paid. That’s my promise. I will keep it,” she said. “If I’m ousted, that’s fine, but I am not accepting any money. I do not accept money for training, I do not accept money for mileage. That’s how it’s going to be.

“It’s my job now to do this petition and it’s their (council’s) job to decide what’s going to happen next.”

Vintage caboose on fast track Councilor Michael Lewis updated the City Council on the vintage 50,0000-pound Atcheson, Topeka & Santa Fe caboose that was moved Thursday to its new home adjacent to City Hall and the New Mexico Mining Museum.

“C&E Concrete gave us a great price on moving this thing and we really appreciate them. As usual, they’re giving back to the community,” Lewis said.

Although the caboose has been tagged with graffiti and is in dire need of a makeover, Councilor Edwin Dickens said, “Anybody who is thinking that caboose is an eyesore right now, just hold on a few months to maybe a year and it will be a show caboose after that. It’s not going to look like that forever.

“For those of you that don’t know it, when New Mexico was considered basically in the boondocks and we were stagecoach and horse to get in here, we had a wealth of stuff to be shipped out — cattle, farm produce, mining stuff.

It wasn’t really cost effective to get it out until the railroads came in. That’s part of Grants’ legacy — the railroad,” Dickens said.

“We are on a fast track too,” Lewis said. “We got prices for windows today. We got a price for a power wash on it from the top to the bottom and the inside as well, and then we’re getting a price to have it painted. We would like to have that thing candy apple red by sometime in June. Our goal is to do the outside this year and then over the winter we will be working on the inside.”

Grants Mayor Martin “Modey” Hicks said that once the caboose is refurbished, he would like to see it open during business hours at City Hall and then locked up for the night.

Sewer line break City Manager Laura Jaramillo said there was a “substantial sewer break” April 29 that could result in a fine from the New Mexico Environment Department.

“Our main line broke going to the wastewater treatment plant and we had to bring in support teams from Rio Rancho, from CH2M Hill. They worked Friday night throughout the night and part of Saturday, and got it repaired,” she said. “They have to make a report on our behalf that I will sign off on within five days, notifying the Environment Department that we had a sewer spill. I was told that sometimes they will give a citation or a penalty. We might get a fine.”

“That’s what I’m wondering, what the fine is going to be,” Hicks said. “From my understanding, it was a pretty major deal.”

Cayla Nimmo/Independent

Gary Mike reacts to the news a suspect was taken in to police custody Tuesday night in connection to the killing of his daughter Ashlynne during the memorial vigil in her honor at the San Juan Chapter House in Fruitland.

Arrest in girl’s killing Continued from Page 1 “On behalf of my family we are grateful that the suspect has been caught,” Dazba Eaton, a member of the Mike family, said minutes after learning about the arrest. “We would just like to thank the community for their support. She was a lovely kid.

She would be missed.”

Eaton was sitting next to the victim’s father during a candlelight vigil at the San Juan Chapter House Tuesday evening.

Several hundred people attended the vigil to offer support to the family. The line of vehicles parked outside the San Juan Chapter House extended for about a quarter mile. Those in attendance included the family and neighbors, as well as students, teachers and staff at Ojo Amarillo Elementary, where Mike was a fifth-grader.

Chapter officials, Navajo Nation delegates, Diné College employees and people who did not know the family also gathered outside the chapter house to show support.

‘Tell your kids every day that you love them’ Gary Mike, the victim’s father, is as a math tutor at Diné College in Shiprock. He sat quietly next to his younger sons around a table in the front row inside a packed chapter house and addressed the crowd briefly.

“Tell your kids every day that you love them,” he said. “This is how I raised Ashlynne. I said, ‘I love you,’ that morning. We said, ‘I love you.’”

Monique John, 11, is a sixth-grader at Ojo Amarillo Elementary. She rode the school bus with Ashlynne every day and was one of the last people to see her alive. She was quietly standing in the crowd in front of her mother, Felicia John, who embraced her protectively.

“She was just quiet,” Monique John remembered about

learned Ashlynne’s body had been found in a desolate field about 6 miles south of the Shiprock formation.

Seeking justice for Ashlynne

Alvera Begaye, right, lights a candle for Ashlynne Mike at the roadside memorial near mile marker 13 on Navajo Route 36 Tuesday night. The memorial marks the area Ashlynne and her brother Ian Mike were abducted Monday after being dropped off by the school bus. the last bus ride home with Police at approximately 6:35 Ashlynne Monday afternoon. p.m.

“She was sitting on the third seat At about 7:15 p.m. it was reto the back talking to another ported that a motorist heading friend.” east on Navajo Route 13, near Felicia John said her home is the Shiprock formation, picked located less than 2 miles from up Ian as he was walking along the Mikes’ residence on Navajo the highway and took him to the Route 36 in Fruitland. When she Shiprock Police Department. learned about the abduction the Ian told police that the driver next morning she feared for her who abducted them took them daughter because the abduction toward the Shiprock formation took place so close to her home where he came upon a dead and it could have happened to end road and any child in the neighborhood. let him out.

She also questioned why auThe abductor thorities waited until the next took off with day to issue an amber alert. The Ashlynne and alert was issued at about 2 a.m. returned withTuesday. out her and Felicia John said she questold him to go tioned her daughter about Ashhome. lynne’s whereabouts.

Diné ColAshlynne “I asked her, ‘Did she ride the lege Shiprock Mike bus with you? She said, ‘Yeah, Campus Diwith Ian.’” rector Priscilla Weaver, who was in the audiduring the vigil at the San Abduction and search ence Juan Chapter House Tuesday According to authorities, night, said members of her staff Ashlynne and her younger joined the family, community brother Ian, 9, were abducted by and law enforcement officers a man driving a maroon van just on a search and rescue party by north of mile marker 13 on Na- the Shiprock formation Tuesday vajo Route 36 Monday around 4 morning. The party included p.m. The family filed a missing ATVs and at least one helicopter. person report with the Shiprock At about 11:30 a.m. she

Navajo Nation Council Delegate Nathaniel Brown, who addressed the crowd at the San Juan Chapter House, said members of the Council were in a meeting Tuesday morning when they learned an Amber Alert had been issued by law enforcement.

He said they took a minute to pray for Ashlynne’s safe return.

“But it was already too late,” he said. “We need to talk to our children about molestation.

Rape. Unfortunately on the Navajo Nation it’s our own people doing this. Teach them, ‘Your uncle should not be touching you.’”

“I want justice for her,” Council Delegate Amber Kanazbah Crotty said at the vigil. “I guarantee, as a leader, that action will be taken, and the harshest punishment is taken.”

Crotty’s statement was followed by roaring applause.

A source close to the investigation, on condition of anonymity because he was not allowed to talk to the media, said Tuesday afternoon that the suspect was identified through a description provided by Ian and another witness who was in the area when the abduction took place.

According to the same source, a photo of the suspect was shown to Ian and he “ID’d the guy.”

The FBI is investigating this case with the Navajo Nation Division of Public Safety, New Mexico State Police, San Juan County Sheriff’s Office, Farmington Police Department and the U.S. Marshals Service.

New Mexico court records show a Tom Begaye born in 1988 was arrested in Farmington and charged April 15 with use or possession of drug paraphernalia and possession of marijuana or synthetic cannabinoids.

“Also, the city regulates chickens,” Decker observed. “I don’t think we need to regulate chickens in the county.”

Commissioner Genevieve Jackson said although the Navajo Nation does not contribute to the animal control matter financially, the reservation is right here. Many stray dogs that wander the city or county come from the reservation, she noted, and the tribe should contribute to the discussion before the animal control ordinance is finalized.

“They need to be educated on what we’re doing here in town, and we need to be educated on what they’re doing out there,” Jackson said of the Navajo Nation.

Jackson touched on pet overpopulation, saying she lives in a rural area where people dump dogs, and dogs are multiplying.

She said not long ago a pregnant dog was dumped at her place.

She took the dog to get spayed after the dog had eight puppies, but the veterinarian would not fix the dog before giving it shots for distemper and rabies.

“I ended up spending $200 on a dog that was not even mine,” Jackson said. “But I’m keeping it.”

She asked if animals have to

Tanner said some people have dogs trained to protect their family.

“I can already see, from a short reading of this, my phone is going to be ringing,” Tanner said, referring to the calls he expects to get from agitated constituents.

Tanner said he was sorry to be a pain about it.

“You’re not a pain,” Decker said. “This is the process these ordinances have to go through.”

Decker said that is why they have first readings before passing ordinances, so the public and elected officials have the chance to review them and tailor them to the county’s needs. Lee added the county welcomes the public’s input.

Tanner then addressed members of the public in the gallery: “I highly suggest you read this and call us with comments. …

Really take a look at this.”

Lee added the county will have at least two more readings before the ordinance is passed.

He said the ordinance will be posted to the county’s website by the end of the week. Hard copies are also available for perusal at the county clerk’s office and county manager’s office at the courthouse.

Cayla Nimmo/Independent

Commission Continued from Page 1 been requesting the county update the ordinance for the past couple of years. He said even magistrate judges want the county to update the ordinance.

County Manager Bill Lee said he and Decker have been working on updating the animal control ordinance for about eight months. The new ordinance was not spurred by the joint powers agreement with the city, he explained.

Decker said the new ordinance does not resemble the county’s 1991 animal control ordinance. He patterned the new ordinance after the city animal control ordinance implemented in 2005.

“This new ordinance is a total rewrite,” Decker said. “It’s like comparing a grapefruit to a … shriveled up date.”

Decker stressed the ordinance was just up for first reading, and commissioners and the public have an opportunity to revise it before it is enacted. He drew the commission’s attention to a few items that will have to be amended, such as controlling livestock, which the city can do but the county cannot per state statute.

have all of those shots before they are fixed because it is a horrible expense and discourages pet owners from having their pets spayed or neutered.

Decker confessed he did not know if shots first was mandated by statute. Lee also didn’t know if it was a question of law or veterinary practice, but added the Navajo Nation also gives shots first when they do their spay/ neuter clinics.

Decker said he will send the Navajo Nation a copy of the county’s new animal control ordinance. He said the joint powers agreement has a cost; the tribe can partner with the city and county if they want to be included, but they must pay a share.

Decker said even if the Navajo Nation does not want to be included in the agreement, the animal control board would make interfacing with the tribe on animal control issues easier.

Commissioner Tony Tanner noted several items in the ordinance that need work. The ordinance considers a dog dangerous if it has bitten anyone, but Tanner said calling a dog dangerous after only one bite was unfair.

The ordinance states guard dogs are for commercial use only, but

High expectations at the jail, Page 2

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Thursday May 5, 2016 Number 136 Volume 129

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2016 area graduations

Preying on children

May 6

Report details suspect’s confession in kidnapping, killing

■ Diné College, 10 a.m. main campus, Tsaile, Arizona.

May 12 ■ Pine Hill High School, 5:30 p.m. in the Pine Hill School gym.

May 13 ■ Navajo Technical University, 9 a.m. inside the wellness center.

■ Middle College High School, 11 a.m., Public School Stadium.

■ University of New Mexico-Gallup, 11a.m. Public School Stadium.

■ Wingate High School, 11 a.m., gym.

■ Gallup High School, 6 p.m., Public School Stadium.

By Vida Volkert Staff writer eastnavajo@gallupindependent.com

SHIPROCK — Tom Begaye Jr. drove his red Dodge Caravan on Navajo Road 36 Monday afternoon, preying on the children of Fruitland, the 27-year-old man from Waterflow admitted Wednesday, according to a criminal complaint filed in U.S. District Court, District of New Mexico.

Begaye reportedly said that Monday afternoon he was looking for a girl to Begaye have sex with. He drove on Navajo 36, a paved, winding road overlooking the Navajo Nation farming communities along the San Juan River on

the high desert valley of San Juan County, and reportedly slowed down when he spotted a teenage girl walking home from her bus stop.

He asked her if she wanted a ride, and when she rejected his offer, Begaye drove ahead, looking for another girl, according to the criminal complaint.

Ashlynne Mike, 11, and her younger brother Ian Mike, 9, were playing in an irrigation channel on their way home from their bus stop on Navajo 36 in Fruitland about 4 p.m., only a few feet behind the first girl, when Begaye offered them a ride, according to the complaint.

Ashlynne, a seemingly shy and quiet fifth-grader at Ojo Amarillo Elementary, had hurt her foot and accepted the ride, her brother told authorities during an interview a day later.

The siblings got in the van with the stranger, who, instead of taking them home only about

See Preying on children, Page 5

Jon Austria/The Daily Times via AP

Law enforcement officials escort Tom Begaye, left, after he made an initial appearance Wednesday at Farmington Municipal Court in Farmington. Begaye has been accused of abducting and killing 11-year-old Ashlynne Mike.

Navajo, Hopi continue water rights negotiations

May 14 ■ San Juan College, 9 a.m., graduation plaza on east side of campus.

■ Crownpoint High School, 11 a.m., football field.

■ Thoreau High School, 4 p.m., gym.

May 19 ■ Navajo Pine High School, 6 p.m., gym.

■ Ramah High School, 6 p.m., gym.

■ Newcomb High School, 7 p.m., Newcomb High School.

By Marley Shebala Diné Bureau navajo1@gallupindependent.com

May 20 ■ Red Valley/Cove High School, 11:30 a.m., at the school.

■ Ganado High School, 4 p.m., Ganado Pavilion.

■ Tohatchi High School, 6 p.m., football field.

■ Miyamura High School, 6 p.m., Public School Stadium.

■ Zuni High School, 6 p.m., Zuni High School gym.

■ Grants High School, 7 p.m., Grants High School gym.

■ Shiprock High School, 7 p.m., at the school.

May 21 ■ Chinle High School, 10 a.m., Wildcat Den. ■ Kirtland Central High School, 10 a.m., Bronco Stadium.

■ Laguna Acoma High School, 10 a.m., Laguna Acoma High School gym.

■ Monument Valley High School, 10 a.m., Nash Center Gym. ■ Navajo Prep High School, 10 a.m., Navajo Prep football field.

■ Tuba City High School, 10 a.m., inside the Warrior Pavilion.

■ St. Michael Indian School, 11 a.m., Fort Defiance Field House.

■ Piñon High School, 11:30 a.m., Piñon High School main gym.

■ Tse Ye Gai High School, 11 a.m., gym.

■ Gallup Central High School, 4 p.m., Miyamura gym.

■ Shiprock North West High School, 6 p.m., football field (weather permitting).

May 26 ■ Hopi High School, 2 p.m., outside the school (weather permitting).

May 27 ■ Window Rock High School, 3 p.m., Window Rock Event Center.

May 28 ■ St. Michael Indian School, 11 a.m., Fort Defiance Field House.

Cayla Nimmo/Independent

Caleb Thompson, a volunteer from the Church of Jesus Christ of Latter-day Saints, helps organize inventory in the warehouse of the Jim Harlin Community Pantry in Gallup Wednesday.

HELPING THE COMMUNITY

With growth, pantry seeks donations

By Patrick O’Malley Staff writer city@gallupindependent.com Twitter: @PKOmaly

G

ALLUP — Under the direction of Alice Perez, the Jim Harlin Community Pantry is forming a diverse group of relationships in order to maximize its use to the community.

With the growth at the pantry, they are continually seeking donations to further their effort of providing fresh food to Gallup and McKinley County.

The pantry has an ongoing fundraiser called the 1 to 7 Program, which essentially means that with their buying power, every $1 raised turns into $7.

“We have very strong buying power here,” Perez explained. “For every $7 that the average person spends on a

Cayla Nimmo/Independent

See Community Pantry, Page 5

Volunteer Cheryl McEwen checks in recipients of commodities boxes at the Jim Harlin Community Panty in Gallup Wednesday.

Staff writer eastnavajo@gallupindependent.com

WINDOWROCK — The Navajo Housing Authority is running out of options to keep $96 million the federal government wants back.

The U.S. Department of Housing and Urban Development recently upheld a

See Water rights, Page 5

Grants plans to tap reserves for projects

By Kathy Helms Cibola County Bureau cibola@gallupindependent.com

NHA has few options to keep $96M

By Vida Volkert

WINDOW ROCK — The latest meeting between the Navajo Nation and Hopi Tribe to discuss the settlement of their water rights for the Little Colorado River basin was in late April.

Navajo Nation President Russell Begaye stated in a new release Wednesday that designated representatives from both tribes worked together for three days to establish shared principles for settlement discussions.

“The Navajo Nation and Hopi Tribe have committed to work together to fight for water that rightfully belongs to us as aboriginal people,” Begaye said. “This is a historic time when the Navajo Nation and the Hopi Tribe will work

Dec. 14 administrative law judge decision to recapture $96 million from NHA because of the alleged failure of NHA to meet its expenditure goals as planned in its 2012 Indian Housing Plan.

“While I am disappointed that the Review affirmed the (administrative law judge) decision, I am not the least bit surprised,” NHA CEO Aneva Yazzie stated in a news release issued

Tuesday. “HUD started this enforcement proceeding and it would have been unrealistic to think that at the end of the day, HUD would have found it in our favor.”

Under the Native American Housing Assistance and Self Determination Act, NHA has 60 days to appeal to the 9th or 10th U.S. Circuit Court of Appeals, according to the news release.

GRANTS — The Grants City Council was presented a preliminary budget Monday and was informed that fiscal year 20162017 budgeted expenditures will exceed revenues by $3.6 million.

The city plans to tap into its savings to cover some expenses, such as roadwork and the new library.

Projected budgeted expenditures total $29,616,733. Projected revenues amount to $26,001,524, or $3,615,209 less than expenditures.

City Manager Laura Jaramillo said the city is looking at possibly eliminating the economic development contract for the upcoming year.

“They have quite a lot of money in reserve. We feel like they should start using that money,”

See Grants budget, Page 5

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a quarter mile from where they got picked up, drove them west, about 30 miles, in the direction of Tse Bi Tai, the lava rock formation in Shiprock for which the town is named.

The red Dodge Caravan reportedly continued west until it eventually hit Navajo 13, along a desolate desert of rocky mesas and dry volcanic formations protruding in the landscape. A sign about the upcoming road closure for the Shiprock Marathon scheduled May 7 was posted on the north side of the road.

Begaye continued west for another five to seven miles, turned south on a dirt road, continued south across the desert for another six to eight miles and stopped near a hill. At that point, the siblings knew the stranger had no good intentions and Ashlynne started crying and begged to be taken home, according to the complaint.

Begaye reportedly took the girl out of the vehicle, grabbed a tire iron and the two disappeared behind the hill. The boy remained in the vehicle for about an hour, he told authorities, not knowing that during that time, Begaye was assaulting his sister, according to the complaint.

Begaye told authorities that he took Ashlynne behind the hill and sexually assaulted her.

He told authorities that when Ashlynne started crying, he hit her twice in the head with the tire iron and she fell to the ground. He said she was still alive when he abandoned her behind the hill.

The investigation later revealed that Ashlynne, whose body was found about six to eight miles south of the Shiprock formation at about 11 a.m. Tuesday, had blood on her head and appeared to have sustained blunt force trauma.

According to the criminal complaint, when Begaye returned to the vehicle, he drove with Ian a short distance on the dirt road, then stopped and told him to get out and go home. Ian eventually made his way back to Navajo 13 and was found by

she said.

Finance Director Tammy Torrez said the city pays about $65,000 annually for the professional service contract.

“We are looking at possibly cutting or lowering the amount that we contract outside of lodgers tax for MainStreet and possibly a cut in transit bus funding,” Jaramillo said. “We haven’t really come up with a figure for that one (transit) right now. I believe we fund them at about $68,000.”

The city plans to reduce MainStreet funds from $60,000-$20,000 for the summer concert series.

Capital improvements

Cayla Nimmo/Independent

Hundreds of community members hold candles and fliers in honor of Ashlynne Mike Tuesday night at the San Juan Chapter House in Fruitland. a motorist at about 7:15 p.m.

Monday. The family filed a missing person report with the Shiprock Police at approximately 6:35 p.m.

Navajo Nation Police drove with Ian around the Shiprock formation, but as it got dark, they were unsuccessful in locating his sister.

Authorities issued an Amber Alert at 2 a.m. Tuesday, and a manhunt — involving tribal, county, state and federal law enforcement with ATVs and a helicopter and about 100 volunteers — began that morning.

According to the complaint, the Navajo Nation Department of Criminal Investigators in Shiprock made the first contact with a neighbor of Begaye who recognized the red van mentioned in the Amber Alert.

Criminal Investigator Louis St. Germaine met with Begaye outside a sweatlodge in the Shiprock area and saw a van

Cayla Nimmo/Independent

Shawndell Dobey holds her brother Kyowa Comanche’s hand during the memorial vigil for Ashlynne Mike at the San Juan Chapter House in Fruitland Tuesday. that fit the description parked nearby. The investigator took photos of Begaye and the van, which were later shown to Ian and the first girl that Begaye allegedly tried to abduct, who was

not identified in the complaint, and they both recognized him.

Based on the information provided in the complaint, the van is registered in New Mexico under Begaye’s information.

Begaye was arrested Tuesday afternoon and made his first court appearance on murder and kidnapping charges Wednesday in Farmington.

He remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for Friday at the federal courthouse in Albuquerque.

If convicted on the kidnapping of a minor charge, Begaye faces a statutory mandatory minimum of 20 years and a maximum sentence of life imprisonment. If convicted on the murder charge, Begaye faces a statutory maximum sentence of life imprisonment.

New Mexico court records show a Tom Begaye born in 1988 was arrested in Farmington and charged April 15 with use or possession of drug paraphernalia and possession of marijuana or synthetic cannabinoids.

Hire an engineer?

Community Pantry Continued from Page 1 grocery store for food, we have the buying power where we only spend $1.” Most nonprofits have big donors to help them, and Perez said they are always seeking community donors to help the people in their own backyard.

The pantry serves several functions: It’s primarily a food distribution warehouse, as well as a community garden and a commercial kitchen for small businesses or community cooking classes. Every month the pantry feeds about 3,000 people through the Emergency Food Assistance Program.

“We work hugely with a volunteer base,” Perez said. “Feeding over 3,000 people a month does not allow a staff of seven to do that much so we rely heavily on our volunteer base.”

From Tuesday through Friday, the warehouse and parking lot are packed with volunteers and families picking up boxes of commodities. Perez said that through donations they are able to supplement the commodities box with meats, produce and dairies. Because the commodities boxes are transported all over, they are filled with shelf stable food items.

While the Emergency Food Assistance Program is for registered families, Gallup residents can visit the warehouse from Tuesday to Friday to pick up free produce.

“Our free produce program,” Perez said, “is open to anybody and everybody who is willing to give us their name and address.”

The produce comes from their garden and the New Mexico Association of Food Banks, and the pantry wants to move the produce so they aren’t wasting any food.

Cayla Nimmo/Independent

Bodee Hancock, left, and Caleb Thompson, volunteers from the Church of Jesus Christ of Latter-day Saints, work in the warehouse of the Jim Harlin Community Pantry in Gallup Wednesday.

“It’s really free,” Perez reiterated.

In addition to distributing food, Perez said they are all about promoting healthy eating. The Jim Harlin Community Pantry has been at its new location on Hasler Valley Road since 2003. They have made full use of the space, with hoop houses, an orchard and community garden boxes that residents can rent. Perez said they will teach renters how to garden; however, most of them need no instructions.

Hope Garden has different rates per growing season for garden boxes and an aisle in one of the hoop houses, which are essentially greenhouses.

Since Perez became executive director in June 2015, she has been promoting the large kitchen space to businesses and local schools.

“It’s been here for quite a while, but it’s never been promoted,” she said.

So far there is one business that rents the kitchen to make products, and

the pantry is in negotiations for renting it out to another. University of New Mexico-Gallup uses the pantry for community education classes.

With the need to save money and promote the pantry, Perez has formed a unique relationship with the Gallup CDL Training Center.

“They are using our trucks for training purposes; because of that we are getting our local deliveries taken care of,” she said.

Water rights Continued from Page 1 side-by-side for water that is critical to both Nations, for our people to have healthy water and to grow our economy.”

Hopi Chairman Herman Honanie supported Begaye’s statements.

“Water is life for both our peoples,” Honanie said. “It is critical that, although we are two nations, we must speak with one voice.”

Among the government improvement projects, the city is recommending $3 million for the new library, which includes $350,000 in capital outlay funds and $2.65 million from the city’s budget; $621,000 for George Hanosh road improvements; and $2 million for road overlay projects.

“This is a preliminary budget. We have to have our final

by July 1 so we’ll probably still be working on this and adjusting things as we go,” Jaramillo said.

The city is expecting to have a cash balance of approximately $5.5 million as of July 1 and $7.3 million from investments. Torrez said plans are to go into the city’s reserves for $3,615,000, leaving a reserve of $9,285,598 at the end of the year instead of $12.9 million.

Mayor Martin “Modey” Hicks said council would be going through the budget, probably at every meeting for the next couple months.

“We’re going to go behind closed doors and we’re going to hash out projects,” he said.

“That way we’re all on the same page. We come out and we present this to the public.

We may not all be on the same page. We may have to agree to disagree and go on.”

The Navajo Nation and Hopi Tribe came together March 16 and March 30 to begin coordinating their response to proposals to resume settlement talks on the Little Colorado River basin.

Both tribes agreed to move forward with water rights negotiations, as “Two Nations, One Voice.”

The Navajo Nation and Hopi Tribe are committed to coordinating their positions for upcoming water settlement negotiations. Meetings between

the two tribes are ongoing.

The Navajo Nation team that is working in coordination with the Hopi Tribe consists of Navajo Nation Attorney General Ethel Branch, grassroots representative Nicole Horseherder, Northern Arizona University professor of applied indigenous studies Manley Begay, Council Delegate Alton Joe Shepherd, and Office of the President and Vice President legal counsel Karis Begaye.

The members of the Hopi

Tribe’s team are Honanie; Hopi Tribal Council Vice Chairman Alfred Lomahquahu Jr.; members of the Hopi Tribal Council’s Water and Energy Task Team, including team Chairman Norman Honanie; Hopi Tribal Council members Malinda Andrews, Bruce Fredericks, Rosa Honani, Lamar Keevama and Wallace Youvella; and Water Resource Program Director Lionel Puhuyesva.

Both tribes have priority water rights to the Little Colo-

rado River and its sources that are the subject of the long-running Little Colorado River water rights adjudication.

The Little Colorado River water rights case was filed in Apache County Superior Court in 1978 and involves nearly 2,000 claimants, including the United States; the Hopi Tribe; the Navajo Nation; the cities of Flagstaff, Winslow and Holbrook; and farmers and ranchers throughout the Little Colorado River basin.

Both Jaramillo and Hicks are recommending the city hire its own engineer to cut costs.

“What kind of engineer?”

Councilor Cydni Reynolds asked.

“I’m thinking what we need is either pretty much a civil engineer, possibly mechanical. One of those two, I think, will fit our needs,” Jaramillo said.

The city signed a $60,000 task order — the equivalent of half a year’s salary for an engineer, she said — just for an engineer to do the specs and bid out Sakelares Boulevard.

“If we’re going to be spending that kind of money, I would like to hire somebody and at least try it,” she said.

“We may not get any qualified applicants but I think we possibly could. I know there are some local engineers that live here and some of them are traveling to Albuquerque for work.”

Jaramillo said the city is spending about $900,000 a year on engineering.

“Tammy and I looked, and right now for this year, we’ve spent close to $500,000 on WHPacific, who is the one that’s helping us with the civil engineering,” she said.

Hicks said hiring an engineer to reduce costs was one of the issues he brought up during his campaign for mayor.

“It’s averaging between $600,000 and $900,000 a year, every single year — and I’ve been doing this 10 years now, guys,” he said.

Councilor Michael Lewis questioned the $2 million for road overlay projects.

“When we do our closed session we can get into that,” Lewis said.

“There’s a lot of work that needs to be done in the Riverwalk area. We need to get a professional in here. A lot of those trees, the elm trees, they’re dying. They have a lifespan of about 60 to 80 years and that’s how old they are,” he said. “We need to start replacing those trees now but we need to get the right kind of trees in there for the next 80 years.”

No. 1 concern: Public intoxication, Page 6

State track results, Sports Page 1

Weekend Saturday May 7-8, 2016 Number 138 Volume 129

A day in the life Page 17

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Mourning a ‘little angel’ Thousands grieve for slain 11-year-old; suspect appears in court

By Vida Volkert

Steve Lewis/ The Daily Times via AP

Staff writer eastnavajo@gallupindependent.com

Pamela Foster and Gary Mike, Ashlynne Mike’s parents, arrive at her burial site Friday in Lower Fruitland.

SHIPROCK — As thousands of mourners joined farewell services in Farmington and Fruitland for 11-year-old Ashlynne Mike, her alleged kidnapper and killer made an appearance in district court in Albuquerque Friday.

Tom Begaye Jr., who al-

legedly admitted kidnapping, sexually assaulting and hitting Ashlynne on the head with a tire iron because she was crying, has waived both his preliminary hearing and detention hearing, according to Alyssa C. Ferda, media and outreach assistant for the U.S. Attorney’s Office, District of New Mexico.

“U.S. Magistrate Judge

See A ‘little angel,’ Page 5

Independent file photo

In this Aug. 14, 2008, file photo, Navajo Code Talker Bill Toledo salutes during the national anthem at an event commemorating Navajo Code Talker Day in Window Rock.

Ashlynne Mike

Navajo Code Talker Bill Toledo dead at 92

By Marley Shebala Diné Bureau navajo1@gallupindependent.com

WINDOW ROCK — Navajo Code Talker Bill Henry Toledo, 92, died in Grants Thursday.

Navajo Nation President Russell Begaye and Vice President Jonathan Nez said in a news release Friday they were saddened to learn about Toledo’s passing.

“I remember Code Talker Toledo as being a strong and kind man,” Begaye stated. “He was a hero to our Nation and the United States at large, as is every other Code Talker and serviceman.

“He is part of a brave group of men who defended the freedom of our country and successfully saved our Nation using the Navajo language,” the president noted. “We are Photos by Cable Hoover/Independent

Above, Josclyn Fink performs a mixed drill routine with other members of the Grants High School Marines Junior Reserve Officers’ Training Corps during an awards ceremony at Grants High School Wednesday. Below, Tyler Nunes performs with the Marines JROTC drill team at Grants High School Wednesday.

Leading from the front Grants Marine Corps JROTC wins second national title

By Santiago Ramos Staff sports writer

G

RANTS — The Grants High Marine Corps Junior Reserve Officers’ Training Corps drill team claimed its second national title during the recent Joint Service Grand National and World Championships held at the Gaylord Palms Resort held in Orlando, Florida.

The Grants JROTC brought home a total of 10 trophies for four firsts — including one for the overall title in the armed drill team division —

along with six seconds — six in the drill team competition and four in the color guard competition.

“It shows how talented our kids are,” George Garcia, Marine instructor for the drill team and color guard team, said. “They’ve been involved all four years. It’s a leadership thing. I tell them and stress in the class it’s not winning trophies, it’s about your character development and how you conduct yourself. If you do all

Independent correspondent cops@gallupindependent

See Leading from the front, Page 5

officer, negligent use of a deadly weapon, possession of a firearm by a felon, aggravated assault against a peace officer, and unlawful GALLUP — An Alcarrying of a deadly weapbuquerque man faces nuon. merous charges after he Sheriff’s Deputy Robert allegedly tried to pull out a Turney said he was on reggun during a confrontation ular patrol about 4:15 p.m. with a McKinley County Edsitty when he responded to a call sheriff’s deputy Wednesabout a fight where one of day. the subjects had a gun.

Cowey Edsitty, 31, was When he got to the scene, he saw charged with assault with intent to commit a violent felony on a peace Edsitty trying to go over a barbed

Independent correspondent cops@gallupindependent.com

Coleman’s lawyer challenges search

By Bill Donovan

Felon threatens deputy with gun, is arrested

By Bill Donovan

See Code Talker, Page 5

wire fence but having problems because he was intoxicated. Turney said he told Edsitty to show him his hands.

Instead, Turney said, he saw Edsitty try to grab the center pocket in his sweatshirt several times. By this time Turney said he was close to Edsitty so he grabbed his right hand “and felt a large revolver handgun in his pocket.”

As Edsitty allegedly tried to gain control of the gun, Turney managed to grab it and threw it to the ground behind the two of them. He then man-

aged to gain control of both of Edsitty’s arms.

“I still feared for my life,” Turney said.

He continued to yell at Edsitty to stop resisting and finally managed to handcuff him.

Turney said Edsitty later admitted the gun was his but refused to say where he got it. Turney later learned that Edsitty was a felon.

Once Edsitty was transported to the county jail, Turney said Edsitty continued to be aggressive and make slurs while spitting in Turney’s direction.

GALLUP — The attorney for Indian trader Steve Coleman told a district court judge that he plans to try to suppress anything that was seized at Coleman’s home the day after he was arrested.

Steve Seeger said he also had some concerns about a series of photographs that appeared in the Gallup Independent that showed the inside of Coleman’s main house Thoreau.

Coleman Coleman made his first appearance before 11th Judicial District Court Judge Robert Aragon Friday, pleading not guilty to charges including extreme cruelty to animals and possession of a firearm by a felon.

The prosecutor in the case, Earl Rhoads, told Aragon that Coleman’s

See Coleman, Page 5

LOCAL

The Independent — Gallup, N.M. — Saturday, May 7, 2016 — Page

A ‘little angel’

Code Talker

Continued from Page 1

California when her daughter was kidnapped Monday, Steven Yarbrough found there returned to San Juan County was probable cause to support upon news of her daughter’s the charges in the criminal death. complaint and ordered Begaye “How do I begin a farewell detained pending trial,” Ferda when I still can’t believe you are wrote in an email Friday morn- gone?” Foster began the eulogy. ing.

“How do I say goodbye to a part The trial has yet to be of my soul? During this difficult scheduled. time I’m trying my best to stay Meanwhile, at positive.” the Farmington civFoster talked ic center Friday, about the day her thousands mourned “little angel” was at Mike’s memorial born, Nov.13, 2004, service. and about how she Segments of the cradled her in her memorial were telearms “bundled up vised. The center like a little tamale.” was packed with She talked about more than 1,500 her daughter’s crepeople, and a couple ativity and beauty, Begaye thousand more stood how focused she was outside. in school, and how Gov. Susana Martinez at- much she liked to wear printended the memorial and sat cess dresses. in the front row close to the “It breaks my heart that she family. will never spread her wings and During the ceremony, Ash- fly,” Foster said, following with lynne’s mother delivered an a message to the Navajo Nation. emotional eulogy.

“I would plead with leaders of Pamela Foster, who was in the Navajo Nation to please fig-

John Austria/The Daily Times via AP

Pallbearers carry the casket containing Ashlynne Mike Friday in Farmington. Thousands of people from across the Navajo Nation and beyond shared their grief Friday at the funeral of Ashlynne Mike, an 11-year-old girl who was kidnapped and killed in Shiprock. ure out a way to help our families, know that tragedies like this would have their first priority. There should be no delay when emergencies arise.”

Britney Begay, an older sister of Ashlynne, also took the stand at the civic center and talked about her “sweet, funny

little sister, who would always come up to you when you were having a bad day and tickle you and try to make you laugh.”

Begay said her sister played the piano and was good at drawing.

“She would have been a great artist. … I love you so much,

Ashlynne. I wish I would have been there for you a lot more.

Wish I could have done something to prevent this. I will always love you no matter what.”

Begay also hoped that her sister’s tragedy would help raise awareness and prevent future tragedies.

According to the complaint filed Wednesday by the FBI, Begaye told investigators that Ashlynne was still alive when he left her in the desert. Ashlynne’s 9-year-old brother, Ian Mike, who was allegedly kidnapped

by Begaye too, managed to escape and made it to the Shiprock Police Department at about 7:15 p.m. Monday. His family had already reported to authorities about the missing siblings.

The Amber Alert, however, was not issued by authorities until about 2:30 a.m. Tuesday.

Ashlynne’s body was found about 11 a.m. Tuesday on a desolate field six to eight miles south of the Shiprock formation by a member of her family during a search and rescue operation that involved local and state agencies.

saddened to hear he has left us.”

“Our Code Talkers are national treasures who embodied true courage, integrity and bravery,” Nez stated. “Code Talker Toledo used his traditional culture and intelligence on many levels to ultimately serve, defend and save our country.

“It is disheartening to learn of the passing of Mr. Toledo, a great warrior and protector of our people, communities and our entire Nation,” Navajo Nation Council Speaker LoRenzo Bates said Friday on behalf of the Council. “We will forever be grateful for his tremendous service and sacrifices for our country and our people. We will keep Mr. Toledo and his family in our thoughts and prayers.”

Toledo was born into Ta’neeszahnii (Tangle People Clan) and born for Hashtł’ishnii (Mud People Clan). His maternal grandfathers were Naakaii Dine (Mexican People Clan) and his paternal grandfathers were Kinyaa’aanii (Towering House People Clan). He was born in Torreon March 29, 1924.

Sometimes they’ll leave some stuff out and then they’ll add it back next time.”

Senior Randy Brown, the cadet commander, said competing at the national level was special.

“It was exhilarating,” Brown said. “It was tons of pressure.

We were fourth after the inspection on Saturday. Regulation was the next morning and we got first in that. For the exhibition we were first, 13 points from a perfect score, which was awesome. So we took first overall. This year we took a different stance on our exhibition. I tried to make it more team-based in the making and it came out very good. In years past, it was commander made it, do it this way and that’s it.”

Military service

Leading from the front Continued from Page 1 those things and teamwork, the trophies will come.”

The Grants High JROTC male armed drill team placed first overall while the Grants High unarmed female color guard team took runner-up honors during the competition that was held April 22-24.

There were teams from Maryland, Massachusetts, Pennsylvania, South Carolina, Florida, Texas, California and New Mexico in addition to Germany, with 15 teams in each category — armed (with rifles) and unarmed (without rifles).

Grants beat Rahway from New Jersey in the armed drill team category — 774 points to 759 — for the overall national title. The Grants armed drill team picked up a pair of first places in armed regulation and armed exhibition (13 points from a perfect score) along with a fourth in armed inspection to win its second national title.

“This was our seventh trip to nationals,” Garcia said.

“This was our second national championship. I have always wanted the students here to realize they are as capable and talented as any other high school student in the country, or world for that matter. They just need to apply themselves to a common goal. We had a total of 18 seniors graduating so I knew we had a deep talented group that could compete at the national level. Four of them have already joined the Marine Corps.”

In 2005 in its first ever trip to nationals, Grants won the Challenge Level.

Grants also took five seconds in male color guard, mixed color guard for the Grants No. 2 team, unarmed exhibition, unarmed inspection and unarmed overall.

The Grants High Marine Corps JROTC program, which was started 40 years ago, has built a reputation of excelling at the state level with a total of eight state drill team titles, including six of the last seven years. This year there are 104 students in the JROTC program.

At nationals, Lynn English No. 1 from Lynn, Massachusetts, beat Grants in the unarmed overall — 774 points to 697.

Grants also had a pair of thirds for mixed color guard for Grants No. 1 team and unarmed regulation.

In the male color guard category, Grants finished with 272 points while Lynn English No. 1 won the national title with 284 points.

In the female color guard category, Grants finished second by just five points with

5

Fundraising Cable Hoover/Independent

Members of the Grants High School Marines Junior Reserve Officers’ Training Corps watch a video presentation about their year during an awards ceremony at Grants High School Wednesday.

286 points with Lynn English No. 1 winning the national title with 291 points.

The Joint Service Cadet National and World Championships serves as the premier event for military and cadet programs nationwide to showcase their skills and excellence in competition against all service branches.

“This is a national competition where schools across the nation are invited to compete,” Garcia said. “These are some of the top JROTC schools in the country. This year it held an international flavor where schools from Germany also participated.”

JROTC program JROTC is a federal program sponsored by the U.S. armed forces in high schools and also in some middle schools across the United States and U.S. military bases around the world. The program was originally created as part of the National Defense Act of 1916 and later expanded under the 1964 ROTC Vitalization Act. The JROTC informs young Americans about the opportunities available in the military and may help motivate them toward military service.

There are JROTC programs for each branch of the U.S. armed forces — Marine Corps, Army, Air Force and Navy, as well as the Coast Guard. The JROTC program stresses military discipline with a curriculum that emphasizes the study of science and military history.

Garcia said the cadets, who receive an elective credit or they can also receive PE credit

for their second year in the program, put in a lot of time each day — especially those on the drill teams.

“Most of them get here at 6:30 in the morning,” he said.

“And we’ll practice until about 8 when they start their first class. Then they come after school and we’ll practice from 3 to 5. We have seven regular classes throughout the day.”

Garcia said that the military pays for all the uniforms and equipment that’s needed.

“That’s the good thing about the JROTC is that all the uniforms and rifles and equipment are provided by the military, and half of our salary is funded by the military,” Garcia explained. “The schools pay the other half.”

Competing cadets Members of the 16-member Grants High male armed JROTC who competed in Orlando and won the national title are fourth-year seniors Lucas Anderson, Joe Barron, Noah Beavers, Randy Brown, Chase Cordova, Izzac Larry, Ryan Lopez, Jamal Pratt and Shane White; juniors Tony Mace, Tyler Nunes and Dominic Trujillo; sophomores Eric Jablonski, Kristian Miles and Joe Padilla; and freshman Marco Acosta.

Members of the 16-member Grants High female unarmed JROTC unit that finished second in Orlando are fourthyear seniors Brittany Brush, Katelin Diaz, Olesia Morgan and Charissia Tsosie; thirdyear senior Kaylynn Mace; juniors Josclyn Fink, Kelsey Gallegos, Dakota Murray, Jocelyn Torrez and Alexis

Venable; sophomores Christina Diaz, Tiara Henio and Brianna Nuslein; and freshmen Elizabeth Hausam, Paige Scott and Tiamane Tiumalu.

Three categories of competition Garcia explained each of the three categories of the competition.

“The inspection portion is where the students have their uniform inspected and checked over for proper wearing correctness and they are also asked military-type questions. The second portion is the regulation drill where the military drill is done and graded by drill instructors/ sergeants from all branches of service. This is the drill that every military veteran would recognize from basic training.

“The third portion is the exhibition drill, which is the one most observers enjoy viewing, because of the spinning of rifles and the different formations that the students have to synchronize within a certain time and within certain boundaries,” Garcia said.

“This is also the most difficult and most time consuming.

The students put hours and hours of practice into it.”

Garcia said he gives his cadets the opportunity to make changes in their routines for competition.

“I let them change it up a little bit,” he said. “Sometimes they want to add their own spin to it. For us since we’ve been winning, a lot of other schools would videotape us.

We go to the next competition and they’re doing our routine.

With no funding from the school, Garcia said that the cadets went out and raised the $35,000 needed for the trip to nationals this year.

“At the beginning of the school year the cadets took up the challenge of trying to raise the money to participate in this national event,” Garcia said.

“There was a great response from the community. The students were able to go out and earn money by pulling weeds and baling hay in the community, cleaning parking lots and holding a variety of raffles.

The local American Legion posts were very supportive and instrumental in raising a majority of the funds by hosting bike runs, raffles, dinners and weekend-long events.

After the national competition, the cadets spent some fun time at Hollywood Studios in Orlando.

After winning the national title, the Grants JROTC was greeted at the Albuquerque airport by two TV stations — Channel 7 and Channel 13 — and received an escort back into Grants.

Grants competed at nationals for six straight years from 2005 to 2010 when it received funding from the Grants school board. This year was the first national trip for Grants since 2010.

“It’s been about five years since we’ve been to nationals,” Garcia said. “Financing was the biggest thing. This year it was raised 100 percent by the community. The community support has been overwhelming.”

Garcia is assisted by senior Marine instructor Emilio Barela who handles rifle and physical fitness.

Garcia is a retired gunny sergeant and Barela is a retired sergeant major; both retired from the Marine Corps.

Coleman Continued from Page 1 neighbor, who first reported that he had shot her dog, saw Coleman recently in Thoreau and was “upset” to see him there since she was under the impression he was restricted by the courts not to leave the Gallup city limits.

Aragon told Seeger and Rhoads to get together and work this out and that if nothing is settled, he would be will-

ing to address the matter in a hearing Friday.

Seeger then told Aragon he would be challenging the search warrant he signed and will also be “attacking the manner in which it was executed.” He said he was giving a warning about this to Aragon since he signed the warrant.

Aragon said he didn’t mind, adding that if there was a mistake, it needed to be discussed “regardless of whose hand made it.”

He also pointed out that when he was assigned the case, neither the defence nor prosecution raised a concern that the judge in the case was the same one who signed the search warrant.

Seeger then brought up another concern: the photos of items inside Coleman’s home that were published recently in the Gallup Independent and how they may affect a fair trial.

“I don’t know who provided them (to the Independent),” he said.

Rhoads indicated that he had no responsibility in the publishing of the photos.

“When I found out about the photos, I asked them not to publish them and that was denied,” he said.

“That’s of no concern to the court,” Aragon replied, suggesting that he “ignore the paper.” He added that if Seeger feels that there needs to be a change in venue, he should file a motion on this.

Toledo enlisted in the U.S. Marine Corps in 1942. After boot camp in San Diego, he attended Navajo Code Talker School at Camp Elliot, California.

When Toledo finished Navajo Code Talker School, he was assigned to the 3rd Marine Division and shipped from Camp Pendleton to New Zealand and then to the Guadalcanal.

He used the code in three combat landings: on the British Solomon Islands in Bougainville in November 1943; on the Marianas Islands in Guam in July 1944; and at Iwo Jima on the Volcano Islands in 1945.

In October 1945, Toledo was discharged from active duty in the Marines. He then completed his education and worked for mining companies until his retirement in 1985.

Renown speaker Toledo traveled the United States and internationally, making presentations on the use of the Navajo code during World War II. “We were told to keep our mouths shut when we were discharged,” Toledo said in a short video. “We were not to talk about what we did. So we kept our mouths shut for 20 years.”

The Navajo Code Talkers were declassified in 1968.

The video, which was produced by Southwest Airlines in 2012, is titled “A Day with the Navajo Code Talkers.”

In the video, Toledo talked briefly about how he was the target of a sniper when he was trying to send a message July 21, 1944. He said he was “lucky” that he didn’t get shot.

He also talked about how he was captured by a Marine, who thought he was Japanese.

Toledo said that after he was captured by the Marine, his superiors assigned him a body guard, who was one of the radio men whom he shared a fox hole with.

“A body guard was assigned to me without me knowing,” he said in the video. “So I didn’t find out about it until 43 years after the war.”

When he introduced himself in the video, he said, “My name is Bill Toledo. I am from northern New Mexico, from a small village called Torreon. I served with the 3rd Marine Division. I am a Navajo Code Talker. We want America to remember us forever for what we did to keep our homeland free from enemies during World War II.” In a YouTube video, Toledo said he supported the construction of a Navajo Code Talker museum because it would teach history and promote the learning of the Navajo language “so we don’t lose it.”

On behalf of the tribe, the Office of the President and Vice President also extended their condolences and prayers to Toledo’s family.

The Office of the President and Vice President stated that visitation would be held Monday at the French Mortuary in Albuquerque.

According to the Associated Press, Toledo will be buried Tuesday at the National Cemetery in Santa Fe.

UFOs, Bigfoot in Dulce, Page 2

Kirtland golfer 2nd at state, Sports Page 1

Tuesday May 10, 2016 Number 140 Volume 129

State track

Sports Page 1

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$3.6 million for Navajo Head Start survives President Begaye approves $150M five-year plan

©2016 THE GALLUP INDEPENDENT CO. http://www.gallupindependent.com

Tribe to create alert President forms task force after 11-year-old’s abduction, killing

By Vida Volkert Staff writer eastnavajo@gallupindependent.com

Ashlynne Mike

WINDOW ROCK — A week after 11-year-old Ashlynne Mike was abducted from her neighborhood, assaulted and left to die in a desolate field south of Shiprock, Navajo Nation President Russell Begaye

and Vice President Jonathan Nez have ordered the creation of an Alert System Task Force.

The command was made during a division directors’ meeting Monday, the president said during a phone interview Monday evening.

“This type of incident never happened before,” the president said, referring to

Mike’s abduction and killing. “I think that’s why it hit us so hard. This was our child.”

Begaye said the task force has been instructed to develop and implement an alert system to notify the Navajo people of abductions and other emergencies. It will include developing a way to connect with

Diné Bureau navajo1@gallupindependent.com

WINDOW ROCK — Navajo Nation President Russell Begaye listened to the pleas of the Navajo Nation Council and approved their allocation of more than $3.6 million for Navajo Nation Head Start during their annual spring session in April.

On Saturday, the president also signed off on a $150 million permanent trust fund income fiveyear expenditure plan, which the Council also approved during its spring session.

The $3.6 million from the tribe’s unreserved, undesignated fund balance for Navajo Nation Head Start includes $48,000 for caps and gowns and graduation receptions and incentives at 96 Head Start centers, which provides $500 for each center.

During the debate over the appropriation, Council Delegate

See Head Start, Page 5

Chinle ROTC cadet drowns during river crossing drill

By Bill Donovan Independent correspondent cops@gallupindependent.com

Cayla Nimmo/Independent

A dog with a collar but no leash and no owner nearby runs across Jay Street in Gallup Friday.

Bad to the bone

Canines cause chaos in city and county

By Bill Donovan Independent correspondent cops@gallupindependent.com

By Bill Donovan Independent correspondent cops@gallupindependent.com

WINSLOW, ARIZ. — A 17-year-old Chinle girl, who was participating in an exercise with her ROTC unit, drowned May 7, an official for the Navajo County Sheriff’s Office said.

Marisa Trujillo was participating in a creek-crossing exercise that consists of putting a rope across the creek and going across with one’s hands. The exercise was being done at Clear Creek south of Winslow on Arizona Highway 99 near the 38 mile marker.

According to the sheriff’s office, Trujillo got approximately halfway across the creek when she intentionally unclipped her safety line and dropped to the river below.

This had apparently been done by students in the past and she had told others in the unit of her intentions. She was urged by other students not to do this, according to the sheriff’s office.

The fall into the water was approximately 60 feet. Trujillo entered the water feet first.

A safety diver was in the water at the time as a safety precaution.

The diver got to the location where she entered the water in a matter of seconds but was unable to locate Trujillo and she did not resurface.

Members of the Winslow dive team recovered her body about two hours later, according to the sheriff’s office.

See Amber Alert, Page 5

3 arrested for drugs in stolen car probe

By Marley Shebala

Head Start graduations

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A dogs sniffs around the side of Jay Street in Gallup Thursday with no leash or owner nearby.

It s not right. It s dangerous for the dog and it s not safe for people. ̶ Cosy Balok, director of the Gallup-McKinley County Humane Society, on dogs wandering off leash

G

ALLUP — Eileen D’Orazio doesn’t walk her dog, Marvin, on the streets of Gallup anymore — it’s too dangerous for Marvin’s health.

Her dog, a rat terrier, weighs 8 pounds and was attacked twice in a two-year period by bigger dogs that weren’t on a leash.

The first attack occurred in 2011 when a neighbor’s dog, who easily weighed 50 pounds, got out of the neighbor’s fence and attacked Marvin.

In that case, the neighbor agreed to pay for the veterinarian’s bill.

In the other case, in the year 2013, the dog of the grandson of a woman who lived near D’Orazio got out of the house and “chomped” on poor Marvin, D’Orazio said. That time her dog needed surgery.

Now at 15 years old, Marvin prob-

See Bad to the bone, Page 5

GALLUP — The recovery of a stolen vehicle resulted in three area residents facing a variety of charges.

Louis Garcia, 49, of Gamerco, was charged with receiving a stolen motor vehicle, possession of a controlled substance (methamp h e t a m i n e), and concealing identity.

Edmund R. Bitsie, 37, of Gallup, was charged with possession of drug paraphernalia.

El re n a Garcia Cook, 34, of Thoreau, was charged with possession of drug paraphernalia.

The vehicle, a Ford Explorer SUV, belongs to Anna Biava, who reportBitsie ed it stolen from outside her residence April 15. Almost two weeks later, on April 28, it was observed parked in front of a room at A r rowhead Cook Lodge, 1325 E. Historic Highway 66.

Gallup Patrolman Luke Martin said he and two GPD detectives looked into the room and saw someone inside who was known to police as Louis Garcia; however, when he was first asked his name, he reportedly gave it as Eduardo or Fernando.

Martin said that as he came up to the unit, he saw Garcia sitting on the sidewalk with his hands cuffed behind him. He also noticed Garcia dropped several

See Trio arrested, Page 5

Community Court program deters crime in Aneth

By Marley Shebala Diné Bureau navajo1@gallupindependent.com

WINDOW ROCK — The Navajo Nation Council Law and Order Committee commended the tribe’s Aneth Judicial Court for its Community Court pilot project.

Council Delegate Raymond Smith Jr., who is the vice chairman of the

Law and Order Committee, stated in a recent news release that the Community Court is a unique approach by the Aneth Judicial Court to deter crime with the limited resources they have.

Aneth Judicial Court administrator Susie Martin reported to the committee that Community Court serves as an alternative problem-solving court function, which collaborates with service providers to deter crime rates by

rehabilitating individuals in the justice system.

Martin explained that the rural community does not have many options to contend with crime, which resulted in this alternative.

“We lack a prosecutor, police officers, defense counsel and a jail,” she said. “These services are provided from Shiprock two days a week. We only have one officer on duty.”

Martin said the Community Court was established as an alternative resource to restore the justice system to manage crime, but the Aneth Judicial District hopes to make the Community Court a permanent program.

“This is a great pilot project to deter crime and recidivism,” Smith said.

“It gives a chance for individuals to

See Aneth Court, Page 5

LOCAL

The Independent — Gallup, N.M. — Tuesday, May 10, 2016 — Page

BLM to gather public input on federal coal program “The information we gather will help shape future decisions about this public resource,” BLM Director Neil Kornze stated in a news release.

By Kathy Helms Cibola County Bureau cibola@gallupindependent.com

GRANTS — The Bureau of Land Management is hosting a series of public meetings in May and June to solicit public input on the federal coal program.

The meeting closest to Grants, Gallup, and the Navajo and Hopi reservations will be held June 23 at Two Rivers Convention Center, 159 Main St., Grand Junction, Colorado.

These meetings will provide the public with opportunities to help the BLM identify and evaluate potential reforms to the federal coal program. In March, publication of a notice of intent to conduct a programmatic environmental impact statement kicked off a formal, comprehensive review of the federal coal program.

Reviewing impacts The BLM is particularly interested in gathering public input on issues and policies that should be outlined in the study, including topics such as whether Americans are receiving a fair return for federal coal, how market conditions affect coal, how federal coal affects the environment, and how these and other factors impact coal-dependent communities.

Public feedback obtained during the meetings will help determine the size and scope of the review.

In January, Secretary of the Interior Sally Jewell announced a comprehensive review to examine a broad array of concerns about the federal coal pro-

gram following critical reports issued by the Government Accountability Office and Interior’s Office of the Inspector General.

Concerns also were raised by members of Congress, other interested stakeholders and feedback received from a series of public listening sessions last year in New Mexico, Colorado, Wyoming, Montana and Washington.

How to comment The series of scoping meetings will be held 10 a.m.-4 p.m. local time at six locations, including Grand Junction; Salt Lake City; Casper, Wyoming; Knoxville, Tennessee; Pittsburgh and Seattle.

The meetings in Casper, Seattle and Pittsburgh will be live-streamed at www.blm.gov/live. All six meetings will have a listen-only audio link

via telephone. Those interested in attending should check the BLM Coal Programmatic Environmental Impact Statement website prior to the meeting for additional information.

Written comments may be submitted until July 23. Email comments to: BLM_WO_Coal_Program_PEIS_ Comments@blm.gov or mail to: Coal Programmatic EIS Scoping, Bureau of Land Management, 20 M St. SE, Room 2134 LM, Washington, DC 20003.

The Interior Department will release an interim report on the study by the end of 2016. The report will contain a summary of substantive comments received during the public scoping period and conclusions from the scoping process about potential planning alternatives results. The comprehensive review is expected to take approximately three years to complete.

Information: www.blm.gov

Bad to the bone Continued from Page 1 ably wouldn’t survive another attack, so D’Orazio doesn’t take him on walks anymore.

But dogs are not the only ones who have to worry about being attacked on the streets of Gallup because runners and bicyclists also find themselves having to fight off dogs that are allowed to roam the streets without a leash.

“There are still quite a few dogs out there in the city not on leashes, but it’s nothing like it used to be,” Cosy Balok, director of the Gallup-McKinley County Humane Society, said.

“It’s not right,” she added.

“It’s dangerous for the dog and it’s not safe for people.”

There have been two cases in recent years where people in the area were mauled by stray dogs and there have been a few occasions in the past couple of years where a dog had to be euthanized because it attacked and bit someone, Balok said.

A second chance Most cases of dog bites are minor, and the dog — and its owner — get a second chance, she said, but if the bite is ruled to be extremely severe by an attending physician or if it’s the dog’s second incident, the policy is to have the animal euthanized, she said.

There are laws on the books in the city that require owners to keep their dogs penned up behind a fence, but Balok said her animal control officers get calls a few times a month to pick up a stray dog that has become a nuisance in the neighborhood.

Pepper spray comes in five different sizes, but Peterson said the big seller in the Gallup area is the personal size, which sells for $9. It’s easy to use and can fit on a key chain.

Some would say bringing a big stick will scare off a dog, but Peterson said there is nothing better than being sprayed in the eyes for a dog to lose interest in messing with you or your dog.

And the good thing about pepper spray, Peterson said, is that most dogs learn to leave you alone after one incident.

The time factor

Cayla Nimmo/Independent

A small collared dog without Monday.

The owner is cited but the real deterrent, Balok said, is having the dog impounded and requiring the owner to pay to get the dog out. The impound fee is $75 and the animal control center charges $10 a day boarding fee. On top of that, the owner has to pay for any vaccinations the dog may need.

That’s become so expensive that most dog owners take steps to make sure that it doesn’t happen again; however, Balok said, there have been a few cases in the past couple of years when the owner would rather give up the dog rather than pay the fees. The animal control office then allows a responsible family to adopt the dog.

a leash walks along the sidewalk of Maya Drive in Gallup

Chaining bad So is the solution for dog owners to put their dogs on a chain in their yard?

No, it’s not, Balok said, who is not a big fan of chaining up dogs because there’s too big a possibility for the dog to get his chain tangled up if it is too big. If it’s too short, the dog spends all of his time fighting the chain.

“I tell dog owners who chain up their dogs, ‘How would you like to live on a chain yourself?’” she said.

The Gallup City Code prohibits owners from chaining their dog to a stationary object, but it allows the use of a trolley or pulley system for a dog that is not in an enclosed area.

Responsible dog owners make sure that they have a

place to keep their dog and make arrangements to walk him or her regularly. But it’s the irresponsible dog owners that runners, walkers and bicyclists have to worry about.

Pepper spray To make the playing field a little more even, there is pepper spray.

Bill Peterson, owner of Bill’s Reloading Supplies, 603 W. Historic Highway 66, sells a lot of guns and ammunition, but he also sells a lot of pepper spray.

“There is a dog problem in McKinley County,” he said, and many of those who like to run, walk or bicycle in the outdoors wouldn’t think about going out without a can of pepper spray in their pockets to handle mean dog problems.

One of the big complaints area people seem to have about the unleashed dog population is how long it takes an animal control officer to arrive on the scene when a complaint is made.

There have been cases, especially in the county, where a law enforcement officer has gone out and taken a report and handled the situation, but for the most part, this is handled by one of Balok’s animal control personnel. There are three animal control officers for the city and only one for the the county.

“We could use more for the county,” Balok said.

With these kinds of numbers, a speedy response — within minutes — is not possible, and Balok admitted it may take an animal control officer an hour or so to respond to a complaint.

But the animal control officer will investigate, and if a dog owner is not taking care of his pet responsibly and allows him to wander the streets without a leash, the owner will be cited.

Head Start Continued from Page 1 Seth Damon called for the Council to include the additional $48,000 for Head Start graduations.

Navajo Nation Head Start Assistant Superintendent Sharon Singer informed Damon in an April 14 letter that the U.S. Department of Health and Human Services’ Office of Head Start, which federally funds the Nation’s 96 Head Start centers, prohibits the use of federal dollars for graduation ceremonies.

Singer explained the federal government considers Head Start graduations and social activities as entertainment.

She added that the federal Head Start office issued a policy May 8, 2007, that cited Head Start graduations as acceptable activities and that Head Start facilities and staff could be used for such events.

Singer noted the federal Head Start office reiterated the grant funds could not be used for the graduation ceremonies and that donations raised by the program or parents could not be claimed by the tribe’s Head Start as non-federal in-kind costs.

Matching funds, services Council Delegate Jonathan Hale ex-

Begaye held a signing ceremony for the $150 million permanent trust fund income five-year expenditure plan and invited surviving members of the 15th Council, who approved the creation of the permanent trust fund in 1985.

Begaye stated in a news release Monday that he told the former leaders that it was because of their foresight in

looking toward the future that he is able to sign off on legislation to bring water, shopping centers and new office buildings to Navajo communities.

“We have visionaries here today who put the PTF in place,” he said.

“The men who put this vision together knew that when 20 years was over, the Nation would benefit from the interest of this trust fund.”

Former Navajo Nation Chairman and President Peterson Zah recalled that the permanent trust fund was a seed planted in 1985, when the tribe received a windfall of $217 million from a decision by the U.S. Supreme Court in the Kerr-McGee vs. Navajo Nation case.

Zah, who is serving as the Office of the President and Vice President ambassador, said the favorable ruling by the high court allowed the tribe to renegotiate coal, pipeline rights of way, oil and gas leases with companies extracting natural resources on the reservation, which increased royalty payments to the tribe.

“They (15th Navajo Nation Council) put the trust money away,” he said.

“They planted the seed and agreed they wouldn’t touch the money for 20 years to see how much they would make off the interest over 20 years.”

The Office of the Controller reported that the permanent trust fund principal has grown to more than $1.6 billion as of Dec. 31.

“The $150 million doesn’t come out of the principal of the permanent fund,” Zah emphasized. “It comes from the interest that’s built.”

Vice President Jonathan Nez also thanked the 15th Council for their foresight in setting up the fund and agreeing not to touch the money for 20 years.

Nez noted that beyond the $150 million the five-year plan appropriates, the Navajo Nation has earmarked an additional $180 million for infrastructure projects.

Begaye said the tribe has never spent this amount of money on infrastructure.

“Every penny is Navajo money,” he emphasized. “Beyond that we have federal money from Indian Health Service.

We will spend approximately half a billion dollars on infrastructure.”

Begaye looked at the few surviving members of the 15th Council and said, “It’s your forethought that is bringing water to us. On behalf of the Navajo Nation and those that will be getting water and electric lines, we acknowledge that it was because of you. I hope we can live up to the tradition that these leaders have set forth.”

clear crystal-like substance tested positive for meth and the black round substance tested positive for heroin.

Martin said police also confiscated Garcia’s wallet, which contained various credit cards and Social Security cards with multiple people’s names on them. Police also discovered that Garcia had an active warrant out for his arrest.

As Garcia was being processed, Detective Nicole Martinez was conducting

a pat down search of Cook, who was also found in the room with Garcia.

Cook reportedly told Martinez that she had needles in her pocket and Martinez placed into evidence three needles.

“Ms. Cook displayed indication of heroin use such as drowsiness, slow speech and facial itching,” Martin said in his report.

Martin said he conducted the pat down of Bitsie, who advised him that he had a knife in his right-hand pocket.

As he removed the knife, Martin said he also found a syringe needle with a clear substance inside.

Bitsie told Martin that he found the needle inside the room and held onto it.

“Mr. Bitsie displayed indications of heroin use such as drowsiness, droopy eyelids and slow speech,” Martin said.

Garcia, Cook and Bitsie were all arrested and transported to the McKinley County Adult Detention Center and booked.

plained in his Head Start bill that the federal Health and Human Services Department awards grants that cover 80 percent of the cost of a Head Start program and expects the grantee to fund the remaining 20 percent from cash or in-kind donations or services.

Hale said the tribe’s Head Start program was awarded a total of $22 million for a five-year noncompetitive funding cycle from 2015 to 2020.

He said the $22 million for Head Start requires the tribe to be responsible for the remaining in-kind and/or cash contribution of $5.6 million.

Hale said the tribe’s Head Start provided an in-kind contribution of $2 million, which resulted in a cash match of $3.6 million.

15th Navajo Nation Council

Trio arrested Continued from Page 1 items on the ground.

Martin said the items were placed on the trunk of his vehicle. One of the items was a small plastic bag with a clear crystal-like substance inside.

There was also a black round substance wrapped in plastic and 12 small white pill-like objects with no identifying marks.

Using field test kits, Martin said the

5

Amber Alert Continued from Page 1 families in rural areas where telecommunications are limited, and to inform communities about such emergencies in both the English and Navajo languages. The president has appointed Division of Public Safety Director Jesse Delmar and Director of Telecommunications Theresa Hopkins to head the development of the task force.

According to a news release issued by Begaye’s office, Hopkins has already started to meet with carriers, both wired and wireless, to assess resources and infrastructure that will be needed to develop an alert system based on 911 and Amber Alert.

“We have tested a text messaging alert system with Cellular One and it was successful but we need to test it on a larger scale,” Hopkins stated in the news release. “We are consulting with both Frontier and Cellular One as they have the biggest investments here on the Nation.”

Ashlynne and her brother Ian Mike, 9, were kidnapped about 4 p.m. May 2. Their parents reported them missing about 6:30 p.m. that day and Ian managed to escape and make it to the Shiprock Police Department about 7:15 p.m.

The statewide Amber Alert, however, was not issued by authorities until about 2:30 a.m. Tuesday.

Ashlynne’s body was found about 11 a.m. Tuesday on a desolate field six to eight miles south of the Shiprock formation by a member of her family during a search and rescue operation.

Aneth Court Continued from Page 1 get involved with community trash pickup, garden projects, and horse and colt gentling trainings.”

He also pointed out that the Community Court statistics show a decrease in crime and less than 4 percent of those who commit a crime become repeat offenders.

Smith strongly recommended the tribe’s courts adopt a Community Court program because it restores justice and offenders help their local communities.

Martin reported that the Aneth Judicial District also faces other challenges, such as the expiration of grant funding for the Community Court’s resource coordinator position, the need for a larger court facility, and the lack of adequate funding for maintenance and repairs.

Council Delegate Kee Allen Begay Jr., who is a Law and Order Committee member, recommended the committee meet with the tribe’s Division of Public Safety to address the lack of a permanent court facility.

“Aneth Judicial Court was given a modular building, but they need a permanent structure,” Begay said. “As a committee, we need to voice this concern during the next work session with DPS.” Martin said the community received a modular building in 2010 to house the court, but the facility lacks adequate space for court staff.

She added that she could provide additional recommendations to the committee during the upcoming work session.

Council Delegate Edmund Yazzie, who is the Law and Order Committee chairman, recommended that the Aneth Judicial District provide budget recommendations to the committee and host a work session with counties to address public safety needs and to provide updates on all government-to-government public safety agreements.

Martin also reported on the pro se classes provided by the staff attorney, case load statistics, community survey overview, future goals, state borders and jurisdictional concerns, and the Tribal and Community Re-Entry Court program, which was provided by the U.S. Utah District Court The committee met in Aneth as part of its ongoing initiative to visit judicial facilities, to reach out to judicial and public safety officials across the reservation, and to provide a firsthand perspective on issues and conditions.

City complaint? There’s an app for that, Page 2

State track, Sports Page 1

Weekend May 14-15, 2016 Number 144 Volume 129

A day in the life Page 17

GALLUP, NEW MEXICO 87301

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Navajo alert funds vanish Official: ‘I don’t know’ where $300K grant went, ‘but we’ll find out’

By Vida Volkert Staff writer eastnavajo@gallupindependent.com

WINDOW ROCK, ARIZ. — Thousands of dollars destined to design and implement an Amber Alert system on the Navajo Nation were not utilized for that purpose, Division of Public Safety Director Jesse Delmar confirmed Thursday.

Delmar said the Navajo Nation was awarded a $300,000 grant through Fox Valley Technical College’s public safety program to develop an Amber Alert system in 2011 — long before he was appointed to lead the division about a year ago.

What happened to the funds?

“I don’t know. But we’ll find out,” Delmar said during an interview in his office in Window Rock Thursday af-

ternoon. “I understand that, from my conversation with my source, half of that money was spent. We would get to the bottom of that.”

Delmar said that within the past year the division was awarded another $1.7 million from U.S. Department of Homeland Security to develop a 911 emergency system on the reservation. The goal is to set it up in all seven districts of the Navajo Nation,

starting with Tuba City because “they have the infrastructure in place and a new building. We will eventually get to everybody,” Delmar said.

The tribe has been under criticism by community members who said an Amber Alert issued within the hour 11-year-old Ashlynne Mike was reported missing in Shiprock May 2

See Amber Alert, Page 5

Ashlynne Mike

Begaye

Diocese to accept liability, apologize?

REBRANDING GALLUP

Reorganization plan includes amends for sex abuse victims

By Elizabeth Hardin-Burrola Independent correspondent religion@gallupindependent.com

GALLUP — Once the Diocese of Gallup emerges from its Chapter 11 bankruptcy case, Bishop James S. Wall will have an extensive list of non-monetary commitments to fulfill as part of the diocese’s plan of reorganization.

The list of non-monetary commitments includes 17 provisions that were drawn up in negotiations between attorneys for the Gallup Diocese and attorneys and representatives for clergy sex abuse claimants in the case. The document (Doc 567-18) was filed

Residents express concerns over panhandling, intoxication About the photos Independent file photos

Left, a racer weaves through an open meadow on the course during the 24 Hours in the Enchanted Forest endurance mountain bike race in McGaffey in this June 15, 2013, file photo.

Center, Olla Maiden Breana Yamutewa performs a pottery dance during the Nightly Indian Dances at the Downtown Courthouse Plaza in Gallup in this Aug. 27 file photo.

Right, Gallup Community Service Aide Justin Benally prepares to take a man to the Gallup detox center in this Sept.

13, 2013, file photo.

By Patrick O’Malley Staff Writer city@gallupindependent.com Twitter:@PKOmaly

G

ALLUP — In a recent Gallup branding survey conducted online, residents stated that public intoxication and panhandling were the biggest hindrances to economic development.

Residents seemed split in the written response sections in dealing with the issues and the city’s response to them.

HK Advertising and the Idea Group of Santa Fe LLC compiled the responses and the data and presented the results to the city of Gallup.

The consultants’ final analysis was that for Gallup to have an effective brand, its assets must outweigh its liabilities.

“Address the major liabilities that are diminishing the Gallup brand such as public intoxication,

panhandling, homelessness,” they noted within their notes among the data and responses. “Unless these and other major brand liabilities are turned into assets or reduced, it will be impossible for Gallup to build brand equity.”

A total of 382 residents took the survey, which represents a sample size of nearly 2 percent of the population.

Most of the questions were multiple choice, but one one of the final questions, “What is the biggest opportunity Gallup has to improve its reputation?” was a written response.

Varied written responses were submitted by 212 survey takers, and the consultants calculated the most common themes: 18 percent mentioned public intoxication in their responses, 9 percent mentioned cleaning up the community (overgrown weeds, etc.), 8 percent mentioned the Native American experience, 7

See Rebranding Gallup, Page 5

Pilot says U.S. Highway 491 landing was ‘amazing’

By Bill Donovan Independent correspondent cops@gallupindependent.com

GALLUP — A Westcliffe, Colorado, pilot who had to make an emergency landing on U.S. Highway 491 north of Gallup Thursday called the

landing “amazing.”

Montgomery A. Lee said he and a friend were on their way from Colorado to Flagstaff, Arizona, when they encountered mechanical problems about 11 a.m. as they got in the vicinity of Gallup.

“The engine seized up,” he said,

because of an unexpected release of oil.

Lee said that when he realized the plane would not be able to make it to the Gallup Airport, he began to look for alternative landing sites.

“I looked down on a big road,” he said, adding he noticed with relief that

“there was not a car in sight.”

The only other alternative, he said, was to try and land in a field, but “a road was a lot better than a rocky field.”

He said U.S. Highway 491 was a per-

See Plane landing, Page 5

See Diocese, Page 5

State drops charges against Coleman

By Bill Donovan Independent correspondent cops@gallupindependent.com

GALLUP — The state has decided to drop all charges against Indian trader Steve Coleman.

E a r l Rhoads, the lead prosecutor for the 11th Judicial District Attorney’s Office, filed papers in court this week informing the district Coleman court judge handling the case, Robert Aragon, of his office’s decision.

The district attorney’s office said it has decided “it will not

See Coleman, Page 5

LOCAL

The Independent — Gallup, N.M. — Saturday, May 14, 2016 — Page

Amber Alert

Coleman

Continued from Page 1 might have saved her life.

It took Navajo Nation Police about eight hours from the time Mike was reported missing, at about 6:35 p.m. May 2, to have the state of New Mexico issue the Amber Alert at about 2:30 a.m. May 3. Mike’s body was found in a desolate field 6 miles south of Shiprock at about 11:30 a.m. May 3.

Tom Begaye, 27, of Waterflow, was arrested in connection with Mike’s death. He reportedly told authorities that he sexually assaulted her and hit her on the head with a tire iron because she was crying and that she was still moving when he left her in the desert.

During a phone interview Monday evening, Navajo Nation President Russell Begaye responded to questions about funds that were supposed to be used to develop alert systems and why that never happened.

The president said that when he was a Council delegate and served with the Law and Order Committee around 2013, he was informed that the Navajo Nation Police was working on its own Amber Alert-911 emergency system.

It was taking too long to be developed, however, and the committee decided to transfer the authority and funds to the Telecommunications Regulatory Commission of the Navajo Nation.

“They were the ones that asked to be designated because Navajo PD never produced results,” Begaye said. “(Navajo) PD was trying to get it off the ground. They elaborated a plan. When they gave a report to Law and Order, we said this is going to take too many years.

You need to simplify it. This is going to cost too much money. So, what we did, we gave it to the regulatory commission and asked them to put it quickly. They started developing a plan, we were almost there, but there was a resistance from Navajo Police, mainly because we took it from them.”

Begaye said when he became president in 2015, he moved the project back to the Navajo Nation Police.

“They had three consultants and were working on getting it off the ground,” he said.

Council Delegate Edmund Yazzie said delegates are considering an investigation on what happened to the funds awarded in 2011 to develop the Amber Alert system on the reservation.

“We need accountability. I was told some of that money was used to buy equipment,” he said Thursday afternoon. “If a hearing is conducted, all these questions would be answered. A hearing would be for Navajo Police to tell us what can they do better, what are they lacking, and to tell the Council what do we need to do, and we will bring the executive (on board).”

Begaye met with Navajo Nation division directors Monday and assigned a task force to develop and implement the Amber Alert-911 emergency system to notify the Navajo people of abductions and other emergencies.

He announced the Amber Alert system would include developing a way to connect with families in rural areas where telecommunications are limited, and to inform community members about such emergencies in both English and Navajo.

The president appointed Delmar and Telecommunications Regulatory Commission Director Theresa Hopkins to head the development of the task force.

Delmar said the task force was scheduled to meet Friday.

1996 kidnapping, murder leads to Amber Alert The first Amber Alert system was developed after 9-year-old Amber Hagerman was kidnapped and brutally murdered in Arlington, Texas, in 1996.

According to the Amber Advocate,

an online newsletter produced with the support of the U.S. Department of Justice, Office of Justice Programs, the blueprint for the Amber Alert plan was first articulated on a radio talk show and then in a letter written by Fort Worth resident Diana Simone.

It reads in part: “In Amber’s case, for example, I’m sure a number of people saw her in that black pick up truck but simply did not know what they were seeing. To remedy this, I would like to suggest an emergency system be set up so that when a verified 911 call is placed, all the radio stations in the area would be notified immediately and they would interrupt programming to broadcast an emergency alert. In this way, thousands of people would be alerted within minutes of an occurrence, greatly minimizing the chance of successful escape. If you are able to gather support for this Emergency Broadcast Plan, my one request is that it be known as Amber’s Plan.”

According to the Amber Advocate, the criteria developed after Hagerman’s death to issue an Amber Alert was: the child must be 15 years old or younger, law enforcement must believe the child has been abducted or missing with the threat of serious bodily injury or death, and enough information must be available for the public to help.

At the time, WBAP News/Talk 820 operations manager in Texas Tyler Cox was quoted as saying: “The system is so simple and easy to run and maintain. It doesn’t cost taxpayers one plug penny. This is something we can do to do good in the community at no financial resource risk to anyone. Radio is in business 24 hours a day, police run 24 hours a day, and people find children — end of story.”

Current Amber Alert systems around the country include cellphone alerts and social media alerts. Command posts are normally set up in the area where the crime is committed to gather and disseminate information.

New Mexico Amber Alert The New Mexico Amber Alert is a cooperative agreement between New Mexico broadcasters and law enforcement.

“The agreement allows law enforcement access to the state’s Emergency Alert System, or ‘EAS,’” according to the state website. “You may have recently heard tests of this system, either over the radio or on your television. If a law enforcement agency is investigating a child abduction, they can broadcast useful information over the EAS system, with the hope that the public may have seen the vehicle involved or the suspect, for example.”

The following criteria applies in New Mexico to issue an Amber Alert: ■ There must be evidence of a non-family or custodian abduction of a child 17 years of age or younger.

■ There must be specific information concerning the abductor and/or child, which would prove useful to the public in hopes of recovering the child.

■ There must be reason to believe the child is in imminent danger of bodily harm or death.

■ And the child must have already been entered in the National Crime Information Center as missing.

When Ashlynne was picked up, her 9-year-old brother Ian Mike was also abducted by the same suspect, but he managed to escape.

Ian was picked up by a motorist who saw him walking on Navajo Route 13 and took him to the Navajo Nation Police, Shiprock office, at about 7:15 p.m.

May 2. Ian provided information about the abductor and maroon van used to abduct the children and was instrumental in identifying Tom Begaye as the suspect.

The question Navajo authorities have not responded to yet is why it took Navajo Police about eight hours after the children were reported missing to have the state issue the Amber Alert.

Rebranding Gallup Continued from Page 1 percent mentioned panhandlers, and 6 percent mentioned crime. All of the surveys were conducted anonymously, and neither the consultants nor the city have data on who took the survey other than what the respondents themselves wrote.

Other common themes within the responses included animals, art, economic development and infrastructure. Most of the commenters gave well thought out responses, with only a couple troll responses, such as “burn the town down.”

While some residents seem to express frustration regarding the alcohol issues, most sought for the city to provide help and infrastructure to people struggling with drug and alcohol abuse. As one resident noted, “Provide strong help for alcoholism and drug abuse.”

Another stated, “Open a alcohol rehabilitation center.”

One respondent said the city and residents should not treat Native Americans as an “experience” and focus on making Gallup a welcoming community for its neighbors.

Some residents noted that Gallup had a “deserved” reputation for not being fair to the native population.

“It needs to improve relations with Native Americans,” one respondent wrote. “Gallup is not kind to natives and takes advantage of them in many ways.”

Several commenters stated, “arabs selling ‘Native goods’” and “NON Native American

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Independent file photos

At left, Chuck Van Drunen explains the Change in My Heart Not in My Pocket campaign, which encouraged residents to give to organizations instead of panhandlers, during an open meeting at the University of New Mexico-Gallup in this April 17, 2014, file photo. At right, Mark Williams, of the American Indian Movement, holds a sign during a protest along Historic Highway 66 outside the Gallup-McKinley County Chamber of Commerce in Gallup in this April 4, 2015, file photo. traders,” were their concerns.

Many other respondents were less judicial in their statements, writing “get rid of drunks and street people” or “get the drunks out.”

One anonymous respondent wrote, “Get the mayor and city council to understand that alcohol sales are not the problem. The problem is the individual, and that nothing will change until the individual changes!”

Still others were simply tired of focus and attention going toward alcoholism.

A survey taker noted that Gallup has many positives and negatives, but focusing “80 percent” of the attention on alcohol issues isn’t helping. Many residents commented instead on education,

infrastructure, and a lot of responses were about art and the trading business.

Regardless of how residents felt about the city’s response to the alcohol issue, a majority of respondents agreed it was a problem. In response to the question “How likely or unlikely is each factor to cause people to NOT visit Gallup?”

80 percent said public intoxication was likely to cause people to not visit Gallup. Listed under the same question but regarding a separate issue, 78 percent of respondents stated panhandling would cause people to not visit Gallup.

Overall, HK Advertising noted, “Many people in Gallup do not believe Gallup is becoming a better place to live. More than 50 percent

of respondents see Gallup as stagnant or even becoming a worse place to live.”

When presented with this finding, City Councilor Allan Landavazo stated that as a longtime resident of Gallup, he believes the community has improved drastically over the past couple decades.

Not all of the responses from residents were negative as a majority of respondents, 48 percent, rated the overall quality of life as “good.” Roughly 3 percent marked “excellent,” 31 percent marked “fair” and 15 percent marked “poor.”

Ten percent of survey takers said they were “likely” to recommend Gallup as a place to live and work, while 38 percent said they were “somewhat likely,” 27 percent marked

they were “somewhat unlikely,” and 23 percent marked “unlikely.”

The highest rated assets for tourism were the Inter-Tribal Indian Ceremonial, the Native American experience (art and culture) and the Red Rock Balloon Rally.

The demographics of the survey reveal that the vast majority of respondents have lived in Gallup for a decade or more.

The age ranges were varied, with very few respondents ages 21 and under having taken the survey. About 60 percent of the survey takers were white, 14 percent Native American and 16 percent Hispanic. The majority of the respondents were female, 66 percent, and a majority of the respondents were homeowners, 78 percent.

Diocese Continued from Page 1 May 3 with U.S. Bankruptcy Court.

Some of the provisions call for the continuation of policies the Diocese of Gallup already has in place, while other provisions will require new policies and programs to be instituted.

Bishop’s participation Two provisions require the active participation of the Gallup bishop. One provision requires Wall to send letters of apology to all abuse claimants in the bankruptcy case and/or, if requested, to immediate family members of the claimants unless claimants request in writing that they do not wish to receive a letter from the bishop.

“Letters of apology shall state that the survivor was not at fault for the abuse and the Diocese take responsibility for the abuse,” the document states.

“The Bishop shall personally sign the letters of apology.”

A second provision requires Wall to personally visit each operating Catho-

lic parish or school in which “abuse is alleged to have occurred or where identified abusers served” with the bishop’s schedule to be well publicized at least 30 days in advance of the visit. All known survivors of abuse in that area will be invited to attend, and Wall will be available to address questions and comments.

According to the list of credibly accused abusers posted on the Diocese of Gallup’s website, Wall may be making visits to nearly 40 currently operating Catholic parishes and schools in the diocese. Arizona communities in the diocese that have had abusers include Chinle, Cibecue, Fort Defiance, Holbrook, Lukachukai, McNary, Overgaard, Page, Pinetop, San Rafael/Concho, Show Low, Snowflake, Springerville, St. Johns, St. Michaels, Tuba City and Winslow. New Mexico communities include Aragon, Blanco, Bloomfield, Bluewater, Cebolleta/Seboyeta, Chichiltah, Crownpoint, Cuba, Cubero, Farmington, Flora Vista, Gallup, Grants, Lumberton, Pinehaven, San Fidel, Shiprock and Thoreau.

Communities like Gallup and

Winslow have had credibly accused abusers in more than one parish, and Gallup has had abusers who volunteered at Catholic nonprofits, served in hospitals and worked in the chancery. Winslow’s two Catholic parishes had 15 known, credibly accused abusers serve as priests between 1955 and 1989. Winslow’s Madre de Dios parish, which served mostly low-income Hispanic families, had at least one credibly accused abuser as a priest for 15 straight years, from 1961 to 1976.

Other assignments Abusers were also assigned to parishes that have been closed or parishes that were transferred to the Diocese of Phoenix. Closed parishes include the Tolani Lake Indian Mission near Leupp, Arizona, and New Mexico parishes such as St. Philip Parish in Churchrock, Mission Center for Navajo Indians in Smith Lake and St. Jerome Parish in Gallup.

The Diocese of Phoenix took over a number of Gallup parishes that also had abusers assigned to them. Those include churches in Ash Fork, Camp

Verde, Clarkdale, Cottonwood, Flagstaff, Humboldt, Kingman, Mayer, Prescott, Seligman and Yarnell.

In addition, the credibly accused list posted on the Diocese of Gallup’s website does not include several priests who worked in the Gallup Diocese and have been identified as credibly accused abusers by other dioceses or religious orders. It also does not include some clergy identified as perpetrators by abuse claimants in the bankruptcy case.

If those additional names are added to the Gallup Diocese’s list, Wall’s visiting schedule to Catholic parishes and schools could grow longer.

As part of that provision requiring parish and school visits by the bishop, the non-monetary commitment list requires that Wall “shall be available upon reasonable notice to have a private conference” with any person who informs the diocese he or she was sexually abused in the Gallup Diocese.

Editor’s Note: Other new policies and programs required in the plan of reorganization will be the subject of a future article.

Continued from Page 1 prosecute the charges filed against the defendant in this matter.”

Coleman, 55, was arrested Jan. 22 at his Thoreau ranch after a neighbor reported that he shot and killed one of her dogs that wandered onto his property. He was charged with cruelty to animals and criminal damage to property.

A search of Coleman’s property uncovered more than 60 guns and rifles. Since Coleman has felony convictions from both the state and federal courts on his record, he was also charged with felony possession of a firearm. The U.S. Attorney’s Office also filed federal charges against him for possession of a firearm by a felon.

In his filings before Aragon, Rhoads said the state dropped its charges at the request of the U.S. Attorney’s Office “so the United States of America may prosecute the defendant for the charges of felon in possession of a firearm and possession of a sawed-off shotgun.”

He also told Aragon that the state plans on filing additional charges against Coleman that are unrelated to the original charges.

These charges stem from investigations undertaken by the district attorney’s office into items found among Coleman’s arts and crafts collection that have been linked to burglaries that have occurred in the Gallup area over the past 12 years.

Plane landing Continued from Page 1 fect landing site because on that stretch of the road, around the 38 mile marker, there were no tall poles or barriers. He had noticed just north of where he landed that there was construction going on that would have made it very difficult, if not impossible, to make a safe landing.

Everything worked in his favor as he managed to land the plane without causing any damage to the plane or injury to himself or his passenger.

Once he landed, he was able to pull to the side of the road so traffic was not affected.

Navajo Nation Police showed up a little later and put up cones for safety reasons, he said, reducing the traffic to one lane.

Lee said he has been flying for 49 years, 26 of them when he was in the military.

“This was the first time — and hopefully the last time — that something like this happened,” he said.

He added that he has had mechanical problems while flying but never had an engine seize up.

Lee said he called a firm that specializes in plane recovery and they were able to come and get the plane that night, transporting it back to Colorado by taking off the wings and putting it on a truck.

During the time it took to put the plane on the truck — some 30 minutes — the road had to be shut down, Lee said.

The Federal Aviation Administration, which investigates these kinds of accidents, took possession of the engine to try and determine what caused the problem in order to make sure that it was not a design error or something that other pilots needed to be warned about.

Lee said FAA officials indicated to him that they will probably determine the cause of the mechanical failure by early next week, but it would probably be a month or so before he would be able to fly his plane again.