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Hays Free Press
Kyle, Texas
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January 26, 2011     Hays Free Press
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January 26, 2011
 

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....... m-:mMHtmJ~.XJllBl.i., II1 ,IJ LL~ STRONG FINISH Lady Lobes finish strong at Rebel Cup, despite slow start. -Page 1B MAKING HISTORY Buda's Antioch Colony receives histodcal recognition. - Page 10 Barton Publications, Inc. t~ HaysFreePress.com Vol. 108 No. 42 Serving Buda, Kyle and Northeast Hays County 75 BY SEAN IOMMONS sean@haysfreepress.com Gabriel Alva Vasquez was no stranger to the law before he was murdered last week. He had been arrested several times for aggra- vated assault and served five years in prison on an attempted mur- der charge. However, to those who knew him best, there was more to him than just his rap sheet. Early Jan. 17, Vasquez was found shot to death in front ofavacant me- bile home inside the Aztec Village Mobile Home Park in south Kyie. As of Tuesday; the Kyie Police Depart- older brother Emest Alva, 38, said SHOTS RBED " ment still has no motive or suspects Saturday. "He was very humble and At around 4:10 a.m., Kyle police in the fata~shooting but detectives would go out of his way for peo- received several cans reporting are following up on leads, pie." shots fired inside the park. Neigh- Justice of the Peace Pct. 2, Beth That fateful night, Alva and bets said that they heard about Smith, confirmed that the 36-year- Vasquez were at Cat's Billiards in four or five gunshots, then a pause, old sustained "multiple gunshot San Marcos, where they regularly followed by a volley of four or five wounds" and has ordered an au- played pool. At about 1:45 a.m., moreshots. topsy at Central Texas Autopsy in they left the bar separately and "Iheardalotofgunshots, andthen Lockhart. Vasquez told his brother that he a car sped off," said Alva, who found More than 100 mourners gath- had to stop at a friend's place before his brother on the ground next to ered for Vasquez's rosary service to heading back to the mobile home their home. Alva said he believes his pay their respects before he was laid park, where they lived together, brother was ambushed when he re- to rest on Friday at Memory Lawn Alva said. turned home from the bar. Memorial Park in Martindale, fam- "That was the last time I saw my ily members said. brother," Alva said. "He told me that "He was a loving person," his I'd see him at the house." See MURDER UPDATE, pg. 2A C0UIffBY PIIOT0 Gabriel Alva Vasquez, shown here in an undated photo with his daughter, Alicia, was killed early Jan. 17 outside his mobile home in south Kyle. no in BY SEMi IQMMONS sean@haysfreeprass.com A district judge has de- nied requests for depositions and other evidence sought by the mother of a W-year- old man who was shot to death out- side a San Marcos home in F., qNOZA November. court records say. State District Judge Gary Steel did rule, however, that the family of Elijah Espinoza can wait six months to seek the witness accounts when the criminal investigation into the Nov. 14 shooting will presum- ably be complete or nearly complete. Espinoza, of San Marcos, was shot as many as five times around 3 a.m. Nov. 14 as he tried to enter the back door of a home in the 1300 block of Bel- mont Drive, police say. Police described Espinoza, who was unarmed, as an intruder and the same person who broke into the home and groped a girl the night before. No charges have been filled against the alleged shooter, Thomas Pope, the girl's father, due to the state's Castle Doc- trine law. On Dec. 7, Espinoza's moth- er, Nelda Jean Cuevas, filed a petition in state district court asking for permission to con- FATAL SHOOTING, pg. 2A Pf1019 BY SENI IOMMONS Austin Community College Hays will be built on 96 acres east of Kyle Parkway in the ~ po~don ~ ~ ~ ~ ~. ~ tion preparations may be back on track after ACC successfully stymk~ a lawsuit filed by Ky4e dentist Ray Wblbrecht challer~ election result~ I BY JENNIFER BIUNDO jen@haysfreepress.com A lawsuit challenging Austin Com- munity College's entry into Hays Coun- ty could die on a technicality, following a judge's riding that plaintiff Ray Wol- brecht must come up with a $3 million bond within ten days to keep the suit in motion. "It's nothing but a tactical ploy under a very unfair and absurd law," saldWol- brecht's attorney, Billy McNabb. "It's going to kill the Wolbrecht lawsuit." After Hays CISD voters approved the annexation measure at the November polls, Wolbrecht filled an election con- test suit against ACC on December 10, arguing that the college failed to accu- rately inform voters of the full tax im- pact they could face after annexation, as required by law. ACC attorneys responded by fil- ing a bond validation lawsuit in Tmvis County on Dec. 22, seeking to affirm the expanded boundaries of the tmdng district and approve a debt issuance to get the funds to start construction of a now campus in Kyle. With the bond validation suit in place, on Jan. 7 ACC attorneys success- fully asked Travis County District Judge Rhonda Hurley to consolidate the two lawsuits. The next week, ACC also suc- cessfully asked that Wolbrecht be re- quired to pm up a $3 million bond to continue the suit. "The reason he will have to provide such security is to cover any damag{es or increased costs to ACC and its taux- payers caused by his continued partiic- ipation in the case, which would hawe the effect of delaying further the iss;u- ance of the debt needed to constnact the Hays Campus," said ACC attorntey Cobby Caputo in a written statementt. ACC has blamed Wolbrecht's lawstait for causing the school to miss out on more than $20 million in interest roe- duction from the federal Build America Bond program, which provides feder- ally subsidized low-interest loans to governmental agencies. The program expired at the end of 2010, just three weeks afterWolbrecht filed suit. McNabb called the ruling "absurd" and said his client would challenge it at the appellate level. "You took an entirely different type of lawsuit and had it consolidated with the bond validation suit," McNabb said. "Mr. Wolbrecht is on the wrong side of a one-sided hw that's going to kill the merits of his lawsuit before we even get to it." ACC has announced plans to con- struct a $55.8 million, lO0,O00-square- foot campus in Kyie's Plum Creek De- velopment, with a target opening date of August, 2013. However, college offi- cials recently stated that the loss of the Build America Bond interest reduction could result in a smaller campus scaled back by about $7 million. BY JENNIFER BIUNDO jen@haysfreepress.com Misapplication of fiduciary duty: $716,000. Cost of forensic investigation: $961,875. Damage to reputation and trust of the Cooperative mem- bership: p~, ': .... Pederrudes EI~C" Co0pera- the has Iald out an estimate of how much former General Man- ager Bennie Fuelberg cost the co- op membership, filing an impact statement seeking $8.8 million in restitution. In December, a Gfilespie County jury convicted Fuelberg of felony charges of theft, money laundering and fiduciary mis- application after hearing testi- mony that he illegally funneled co-op money to family members. While the j u~ sentenced him to probation and a $30,000 fine, State District Jl~.dge Dan Mills could includ~ j~il time and ad- ditional restitu{~on when he sets the terms of Fuelberg's probation next month. 4 The $8.8 million requested by PEC does no~ indude restitution for damage f0~the co-op's repu- tation. While loss of goodwill towards a private corporation is usually judged in terms of loss of sales revenue or a decline in stock prices, it's harder to put a number to the same loss in a member-owned co-op, lawyers noted. "The amount of damage in this category is difficult to quantify with accuracy but is nonetheless real and substantial," PEC attor- neys wrote. FUB.BERG CO-OP P9.6A ~ addrees Hays County Livestock Show The Hays County Youth Livestock Show will take place Jan. 27-29 at the Hays County Civic Center, San Marcos. Than Ufe' Experience the work of internationally recognized local painter, sculptor and mura t Buck Wm vough playing at the Old Kyle City Hall at 7 p.m.. BY THE NUMBERS A breakdown of hotel revue in Hays County -papln IQng Open ku The party gets started at I p.m. and includes live music, board competition, kissing booth, good food and great beer at the Jester King Brewery in Dripping Springs. The annual Hays CISD district musical "Hair- spray" opens, promising to be thelatest in a long line of memorable pro- ductions on the stage of the Performing Arts Cen- ter. Shows are Feb. 3-5, at 7 p.m. each evening, , with a 2 p.m. Saturday matinee. Why do Fools Fall in A four woman musical about the hilarities and trials of love and marriage. Emily Ann Theatre, Wimbedey Look for mom calendar listings on page 4 and SC and at ~com Z I Opinions .................. 4-5A Sports ........................ 1 &2B Education ................... 3&4B Community... .................. 1-2C Obituades .......................... 2C Bulletin Boards ............ 4&6C Service Direclorv. ......... 2&3D Classifieds ... ................... 2D Public Notices ............ 2&3D +