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Hays Free Press
Kyle, Texas
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February 2, 2011     Hays Free Press
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February 2, 2011
 

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[~]Jll ,HIll llLILlllmlllmlJl ~ U~UtLU L mLJ=.J ~J Page 2A B Hays Free Press February 2, 2011 + + The Hays Free Press (ISSN 1087-9323) published weekly by Barton Publications, Inc., 122 N. Main St., Buda, TX 78610. Penodicals postage paid at Buda, TX 78610 and additional mailing offices. POSTMASTER: Send ad- dress changes to Barton Publications, Inc., P.O. Box 339, Buda, "IX 78610. ISSN#1087-9323 If you think it's news, we probably do too! Newsroom phone: 512-268-7862 E-mail: news@haysfree- press.com Mail: P.O. Box 339 Buda, Texas 78610 CORRECTIONS Any erroneous reflection upon the character, standing or reputation of any person, firm or corporation which may appear in the pages of the Hays Free Press will be corrected upon being brought to the attention of the publisher. DEADLINES The deadline for display ad- vertising and any contributed news copy in the Hays Free Press is 5 p.m. Friday the week prior to publication. The deadline for Letters to the Editor and classified word advertising in the Hays Free Press is noon Monday the week of publication, though we encourage readers and advertisers to observe the Friday deadline. LETTERSGUIDWN We welcome locally written letters to the editor on timely topics of community interest. We ask that you keep them to about 350 words in length and that you not indulge in personal attacks on private individuals. Letters may be edited for brevity and clarity. All letters should be signed by the author and include a daytime phone number where the author can be contacted for verification. Letter writ- ers are limited to one letter per month. Letters can be emailed to csb@haysfree- press.corn HISTORY Founded April 10, 1903 by Thomas Fletcher Harwell as The Kyle News, with offices on the comer of Burleson and Miller Streets in the town's oldest remaining building, it merged into 7he Hays County C/t/zen in 1956. The paper consolidated with The Free Press in October, 1978. Dunng its more than 100-year history the newspa- per has maintained offices at more than a dozen locations in Kyle and Buda. BY SEAN KIMMONS sean@haysfreepress.com One of the four murder suspects in the killing of a Lockhart man, all of whom authorities say are linked to the Mexican Mafia, was denied a bond reduction during a hearing Thursday. Nemesio Garcia Jr., of San Marcos, remains in jail on a $750,000 bond in connection to the Aug. 31, 2010 murder of Walter Capello, 35, who was stabbed at least 63 times in an undisclosed location in Hays Coun~ officials say. A defense attorney told 207th State District Judge lack Robison that Garcia, 31, was only a passenger in the pickup truck where police discovered Capelio's badly mutilated body wrapped in plastic, during a traffic stop in New Bmunfels on Sept. 1. "We respect the ruling," attorney Chevo Pas- trano, who represents Garcia, said Friday. "We were just trying to get the judge to reduce his bond to get him out of jail, but it was denied." Garcia was indicted in October along with Johnny Gilbert Soliz Jr., 45, of San Marcos; Eloy Davila Jr., 52, of Wimberley; and Paul To- vat, 42, of San Marcos, who all remain in cus- tody on murder charges. In the hearing, Pastrano revealed evidence that he said proved that Garcia was at a bar drinking with fziends on the night of the mur- der. Soliz, the driver of the truck, has claimed that he killed Capello in self-defense and that Garcia was innocent. "We've come to a point where we feel that Gareia is the least culpable," Pastrano said. "We believe that he's not involved." According to court documents that have since been sealed, the Austin Police Depart- ment Gang Unit received a tip from an infor- mant on Sept. 1 that gang members from the San Marcus area were planning to dispose of the body of a man killed a day prior. San Marcos and Austin police set up surveil- lance on the crew and alerted New Braunfels police as Seliz's white pickup truck neared their jurisdiction, traveling southbound on In- terstate 35. At about 8:45 p.m., New Braunfels police stopped the truck, found Capello's torso in the bed, and arrested Soliz and Garcia. Later that same nighL law enforcement officials pulled over Davfl~ and Tovar's vehicles as they left Davila's residence in the Garza Mobile Home Park near Wnnbedey. The officials found shovels and other dirt w~rking tools in the back of Tovar's truck and a more thomugh search found a rubber glove with what appeared to be a blood stain. The evidence was seized but the suspects were not detained by officers. Davilla was ar- rested by Hays County officials on Sept. 3 and Tovar on SepL 11. Pastmno [=dleves that all four suspects will be heading to jury trials, for which dates have not been set For Garcia's case, he says be will contin- ue to search for new evidence to dear his client. "We're still in the discovery process, trying to get new evidence to look at," he said. =We'll be evaluating the case." ' All four suspects have criminal records and face enhanced sentences ff convicted of the first-degree felony, typically punishable by five to 99 years in prison. Under Texas law, an offender with one felony conviction receives a minimum 15 year sen- tence for a subsequent first-degree felony con- viction; two or more previous felony convictiom results in an automatic 25 yeax minimum. The Mexican Mafia, often called La EME, was established in Texas in 1984 by Heriberto =Herble" Huerta who was serving three life sentences in a Huntsvige prison for murder conspiracy and racketeering. The Texas organization is not officially tied m the gang that has operated under the same name in California for more than 50 years, according to insideprison.com. The website estimates that the gang has 30,000 members across the United States. Porn star, ex-wife James arrested in of Jesse Hays Co. BY SEAN KIMMONS sean@haysfreepress.com Adult film star lanine Marie James, the ex-wife of realityTV star lesse James, was arrested Saturday on three outstanding harassment warrants in Hays County, au- thorities said. James, 42, also known as Janine Lin- demulder, was taken into custody by the Hays County Sheriff's Office about 9 a.m. Saturday on three Class B misdemean- or charges. She was released flom Hays JAMES County Jail the next day on bonds worth $6;000, court records show. According to arrest affida- vits, Jesse James told Hays County Sheriff's Office SgL leri Skrocld that Janine has made repeated, unwanted telephone calls to him using obscene lan- guage. Jesse lames, founder of West Coast Choppers and for- mer husband of actress San- dm Bullock, married Janine in 2002 and the couple have a daughter, who Jesse was awarded custody of following their divorce in October 2003, news reports say. In the affidavits, Jesse indi- cates that he and Janine are in the middle of a custody battle over their daughter. On Dec. 1, Skrocki called la- nine James and her attorney, telling them that Jesse James wanted the calls to stop. Jan- ine James agreed and said she would only call during court- appointed times to talk with her daughter, the affidavits state, In January, however, Jesse James forwarded Skrocki three voicemail messages in which ]anine James used obscene language in referring to his attorney. She said that Jesse James' attorney had called her a prostitute. =She indicated that he would know what a prostitute was," one affidavit states. According to le- gal documents obtained by the celebrity blog, TMZ.com, Jesse has received 300 calls from ]anine since he moved to Texas. Janine's attorney told TMZ that she made the phone calls "out of frustration because he did not let her see or speak to her daughter for months." Janine, of Cottage Grove, Ore., who is best known for her pornographic films and magazine modeling, was ar- rested in May 2003 for as- saulting Jesse James prior to their divorce. In August 2008, lanine pied guilty to federal misdemean- or charges of willful failure to pay federal income taxes, and was sentenced to six months in federal prison, news re- ports say. Kyle Chief Resigns: Taken job at Bastbrop Continued from pg. 1A "I am confident that he will be an excellent fit for the Bas- trop community and will pro- vide the Police Department with the skilled leadership it deserves,". Talbot wrote in an announcement Friday. Ken Evans, a Round Rock Police Department lleutenanL and leffery Wendling, a Ker- rvme Ponce Department cap- rain. were the other finalists. In October, Bastrop began its search for a new police chief to replace former Police Chief David Board, who was arrested in August on a charge of drunk- en driving. Blake had said that he submitted an application to Bastrop officials when there was doubt in Kyie's direction after both its city manager and finance director resigued- Kyle City Manager Lanny Lambert began his tenure last month after the city council se- lected him in mid-November. =Even though Chief Blake's tenure here was fairly short, his accomplishments will ben- efit our city for many years to come," said Kyte Mayor Lucy Johnson. She went on to mention that under Blake's command the police department has wan- sifioned into a civil service form of police managemenL instituted voluntary meet and "R's going to be dose to it," confer, doubled the number he said. "It's very competitive." of officers patrolling the city, increased the training for all officers and improved com- munication resoun both in- ternally and externally. Blake will remain as Kyie's police chief until Feb. 25, he said. An interim police chief has not yet been named. "We will begin work imme- diately and will work tirelessly to recruit and hire a new leader for our police department that will be able to continue build- ing on what we've accom- ~Shhed and will also bring in ideas and new concepts for our public safety programs," Johnson said. With the new position, Blake heads to a much smaller com- munity with a population of about 8,650 while Kyle is more than tlLme times larger with 28,576 as of January 2010, ac- cording to state demographer estimate~ q'm excited with the new opportunity," he said. "I found Bastrop to be a beautiful city with a number of ameni- ties that I never knew existed there." He says that his current base salary of $100,000 will be simi- lar in Bastrop. keep up with the city's grow- incredibly talented public ing population, police officials safety professionals of the Kyte Since January 2008, Blake said. Total arrests jumped by Police Department, much has has been Kyte's top cop who 80 percent this year compar- been accomplished to prepare has seen his force nearly dou- ing figures from the first eight this agency to meet the law ble from 18 sworn officers up months of 2009 to the same pe- enforcement challenges of the to 34.5 authorized positions. At riod in 2010. 21st centmy," he said. least 27 positions are currently Throughout his tenure, ~ake, who has more than 35 filled. Blake said that he and others years of experience as a police Crime rates have sharply have helped the department officer, was the Harlingen and increased as the understaffed meet the challenges ahead. Tomball police chief before Kyle Police Department plays =With the existence of some coming to Kyle. Ford Chew Nissan Honda L FILTER CHANGE bYr Fa.ctory ralnea For Faster Service, Schedule Online at