LOCAL
The Independent — Gallup, N.M. — Friday, April 22, 2016 — Page
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Vinson Continued from Page 1 will employee.” Foy also alleged that testimony presented to a Cibola County grand jury by Agent Mitch Bengston, of the New Mexico State Police Investigations Bureau in Albuquerque, who investigated the case for the state, was “fiction” and that when Bengston called everything after Vinson’s first contract “absolutely illegal” because it violated the procurement code, he misled the grand jury. “Defendant argues that the court should rule on whether or not the procurement code applies,” Rael stated. Foy’s other arguments for dismissing the indictment were that the state was in bad faith in presenting the case to the grand jury, that the grand jury was not properly instructed on the elements of the alleged crimes, and that Vinson’s contracts had not been declared illegal by a judge and therefore the statements of illegal conduct should not have been made to the grand jury.
No misconduct “On the most significant point raised, that there was prosecutorial misconduct (and alleged misleading testimony by State’s witnesses), the Court finds against the Defendant,” Rael wrote. “There are many numerous references to ‘violations’ of the procurement code which Defendant argues is misconduct. However, there are two factual matters which resolve this argument.” First, Rael noted, the indictment contains no accusations of violations of the procurement code. Count 7 alleged that Vinson had procured his position without a competitive sealed bid, as required by the procurement code. This count was initially considered by the grand jury but actually was excluded from the indictment. “Indeed, the grand jury actually found no probable cause as to Count VII … and therefore any claimed ‘misleading’ statements by the witnesses were not prejudicial to the Defendant in a probable cause determination,” Rael wrote. Second, the grand jury was instructed with a reading of the elements of each crime alleged as applied to Vinson. “The Court sees no defects in any of the instructions — the instructions have a tendency to be confusing because two persons are involved, but the prosecutor separated them by name as he read the elements of the alleged crimes,” Rael stated. The same grand jury charged former Cibola County Commissioner Antonio Gallegos in a 10-count indictment stemming from his involvement in the county’s purchase of La Mesa Mall. Rael said the rest of the arguments raised by Vinson regarding the grand jury indictments and presentation of evidence go to the legality of “retroactive modification of the contract,” whether some of the contracts between Vinson and the county were “legal” and whether the court had to determine the legality or illegality of the contract before the matter went to the grand jury, as opposed to having witnesses telling the grand jury that these were “illegal.” “The alleged conduct is again part and parcel of the procurement code argument and which conduct was not indicted under the procurement for a lack of probable cause,” the judge wrote, adding that all of the conduct referenced might have been considered by the grand jury in determining whether probable cause existed in Counts 1-6. “The Court will not review the sufficiency of the evidence presented to the Grand Jury,” Rael stated, and denied Vinson’s motions to dismiss the indictment. New Mexico law prohibits district court review of the sufficiency of the evidence to indict.
Homelessness Continued from Page 1 The couple began their ministry feeding only a handful of people in Gallup, and it’s grown to sometimes 200 people every Thursday. One day a week, they meet at First Indian Baptist Church behind McKinley County Courthouse near Third Street and Mesa Avenue to hold a “feast.” Volunteers meet at their house at 8:30 a.m. to begin cooking and they generally have lunch until 2 p.m. Elston Bingham said it’s not just about feeding, but they try to build relationships, and find people jobs and housing when they can. “Everyone knows we have a problem in Gallup,” he said. “All we can do is one person at a time.” He added that everyone on the street has a story, and that sometimes alcohol is blamed as the cause when it could be the reaction to a situation. Renee Bingham added that for anyone looking to help, they are always looking for donations in the form of men and women’s hygiene products and practical items like socks. The only thing they don’t give out is money, she said. She said if someone asks they will offer food and clothing or some other assistance, but never money. Renee Bingham said working on the street is not for everyone; however, she challenged the residents, stating, “I bet there’s a way in this town you can help.” Their ministry is based out of 215 W. Mesa Ave. in Gallup, and the Thursday lunch feast is located directly behind the McKinley County Courthouse near Third Street and Mesa. Information or to donate: 505-870-9571 or visit the Answer God’s Call Ministries Facebook page.
Cayla Nimmo/Independent
Richard Taliwood Jr. poses for a photo in his room at the CARE 66’s Lexington Hotel in Gallup Tuesday. Taliwood has resided in the facility for three years after he completed the 60-day treatment at Na’nizhoozhi Center Inc. in 2013. “If it weren’t for CARE 66 I don’t know where I’d be,” Taliwood said.
Mental health Continued from Page 1 involved. If they commit a crime or become a public nuisance, the courts can get involved, she said. But for those who live on the streets of Gallup with obvious mental illnesses but don’t appear to be a danger to anyone and who don’t commit crimes, all one can do, Franklin said, is watch them deteriorate. She mentioned one street person who has been on the streets of Gallup for more than 20 years and has been deteriorating each of those years. With no reason for law enforcement to get involved, the only way that person can be helped is if they want to be helped by being placed somewhere, Franklin said. “If you find a place to place them, they don’t want to go,” she said. “They would rather stay on the streets.” “This idea of forcibly committing someone is also a very precarious situation from a hospital’s standpoint,” David Conejo, CEO of Rehoboth McKinley Christian Hospital, said.
People who find themselves being forced against their will to be placed somewhere for their own safety are “the most litigious people,” Conejo said. And it can become expensive from a legal standpoint to go through the court process. One of the biggest problems in Gallup, Franklin said, is that there is no organization that offers these kinds of services. “I don’t know of a single organization in town that reaches out to these people,” Franklin said, adding there are organizations that help provide food and that CARE 66, Community Area Resource Enterprise Inc., helps a little with housing, but for most of the people living on the streets of Gallup who have mental illnesses, the resources are just not there. “This community needs to address this problem,” she said. Sanjay Choudhrie, executive director of CARE 66, estimates that there are about 170 men and women at any one time living on the streets of Gallup, many of whom are facing mental illness. Living on the streets, he said,
can foster mental health issues by itself. While providing homes for the homeless can be viewed as a solution, for many who live on the streets, it’s not the answer, he said. He mentioned one well-known street person who has been living on the streets of Gallup for more than two decades. Offering this person a place to live wouldn’t work, Choudhrie said, because he wouldn’t accept it because the residence comes with too many rules. “He would rather continue living on the streets,” Choudhrie said. Back in 2012, Choudhrie realized that something must be done to help not only those who live on the streets but others in this community who need housing but have problems following strict rules that came with other types of housing options. What CARE 66 did was create a permanent supportive housing project that provides living quarters for 25 people, 12 of whom are dealing with mental illnesses, Choudhrie said.
“There are few rules here,” Choudhrie said from his headquarters at the Lexington Hotel. But he stressed that for those who have mental health issues, CARE 66 is not a treatment center. “We don’t do any treatment here,” he said. But the program makes sure that if one of its tenants has a problem, someone will be there to listen and try to help by referring them to what few services are here or just by sitting down and listening to their problem. It’s been about three years into the CARE 66 housing program, and Choudhrie said it’s been a big success — almost all of those who have been provided housing enjoy having a stable living arrangement. “Only three or four people have moved out,” he said. He stressed that while there is need for more housing of this type, there also needs to be a support system in place here that can help those with mental issues cope with the problems they face in living day to day.
ing units by the Council’s Resources and Development Committee, which recommended the range and grazing units to the Council, drew standing room attendance. A federal judge arbitrarily split the land dispute area and designated the lands awarded to the Hopis as Hopi Partition Land and the lands to the Navajos as Navajo Partition Lands. Prior to the land dispute over the 1882 reservation, Navajo and Hopi people shared the land. After the federal designation of lands, which provided clear legal ownership to the Navajo and Hopi governments, Peabody coal company quickly signed coal mining contracts with both tribes.
so the Council could recess and meet in an executive session with Peabody. The Council voted 11-8 to confirm Stevens and directed that the Government Development Commission schedule a meeting as soon as possible with the Naa’bik’iyati’ Committee, which is the commission’s oversight committee. Soon after the Council vote on Stevens, former Council Delegate Katherine Benally, who happened to be sitting behind the Peabody officials, stood up and loudly opposed the recess because the Council still needed to debate and vote on a $3.6 million supplemental appropriation from the Nation to match a federal grant for Navajo Head Start services across the reservation. Benally is serving as the Navajo Head Start Parent Policy chairwoman. Council Delegate Amber Kanazbah Crotty also opposed the Council recessing and asked Bates to reconsider his position and allow the Council finish its agenda and then meet with Peabody. Bates reminded Crotty that it was the Council’s decision to meet with Peabody, and he announced the 2 p.m. meeting with Peabody to Council delegates through emails and none of the delegates raised an issue. Crotty then called for the
Council to vote on the recess and executive session because it appeared to her that it would be “wishy washy” for the Council to recess and go into executive session without a vote on continuing the work of the people. Council Delegate Leonard Tsosie opposed Crotty’s motion and urged the Council to recess and meet in executive session with Peabody because the Council needed to know how the bankruptcy would impact the Navajo government’s annual operating budget. Tsosie said the budget addresses the needs of the people. He added that it would probably only take an hour to meet with Peabody. As the Council began voting, Crotty shouted, “Vote green for the people.” The Council’s electronic voting machine shows green for yes votes and red for no. The Council vote against recessing and meeting with Peabody was 13-8. After the Council vote on Peabody, the Council quickly voted 14-6 on declaring the third Friday in March as “Navajo Nation Nataani (Leader) Day.” The Council then voted to suspend its floor rules to debate and vote on the $3.6 million for the Navajo Nation Head Start, which the Council unanimously approved.
Spring session Continued from Page 1 cess to First Nations Community HealthSource this year. The lack of annual funding forced the center to announce the closing of its doors April 1, but during a fundraising event of native musical artists organized by former Miss Navajo Nation Radmilla Cody, center staff announced that an anonymous donor provided enough financial assistance to keep the center open until June. Also Thursday, after an intense two-hour debate, the Council unanimously adopted range unit boundaries and grazing districts established by the Bureau of Indian Affairs for the Navajo Partition Lands with one amendment regarding Precinct 2. The adoption of the range unit boundaries and grazing units was required for grazing permits for livestock to be reissued. The BIA canceled all grazing permits during the land dispute among the governments of the Navajo Nation, Hopi Tribe and the U.S. in 1974, which resulted in the federally funded forced relocation of about 12,000 Navajo people and hundreds of Hopi people from their ancestral lands. Navajo families have been waiting since 1974 for their grazing permits to be reissued, which is why public meetings on the range unit boundaries and graz-
Peabody bankruptcy On Thursday, a scheduled 2 p.m. meeting between the Council and Peabody officials to discuss Peabody’s filing for bankruptcy initiated a bit of a dispute among Council delegates. Shortly after Peabody officials entered the Council chambers and seated themselves in the gallery, Speaker LoRenzo Bates urged the Council to finish its debate and vote on the confirmation of former Council Delegate Floyd Stevens as the Western Navajo Agency Council representative to the Navajo Nation Government Development Commission
Murder-suicide Continued from Page 1 He then changed vehicles, drove to the family’s residence and took his two children from a babysitter. Police reports say he then drove to the Central Florida Regional Hospital to see his estranged wife, but when he got there, police confronted him, and he and police exchanged gunfire. No one was injured in the gun battle. A few minutes later, after being pursued by local
police, Henry Brown’s vehicle was stopped by spike strips on the road, according to the news release. When police got to the vehicle, they found Henry Brown had apparently killed himself. His two children were also found dead inside the vehicle of gunshot wounds, having been killed sometime after they had been picked up by their father, according to the news release. Chericia Brown died at the hospital in Sanford, Florida.
Friends of the Leland Jim family have set up a page on the GoFundMe website in an effort to help defray the cost of funeral expenses for his daughter and two grandchildren, hoping to raise $15,000. The site has raised more than $10,200 as of 1 a.m. Friday. “This is an extremely traumatic time for the Jim family as they try to process the loss of their loved ones,” the website states. “The Jim family has been through the death of a child before and we want to show them as
much love and support as possible. Timothy Jim was killed back in 2002 by a drunk driver when he was only 13 years old.” Bob Herran, manager of the Farmington Funeral Home, said Jim’s daughter and grandchildren will be buried in the Farmington area. He said the dates of the funeral and burial will not be set until Florida authorities release the bodies. Donations: https://www.gofundme.com/funeralforall3