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Hays Free Press
Kyle, Texas
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July 21, 2010     Hays Free Press
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SOUD FINISH Hays ends 7-on-7 summer football season on a strong note. - Page 1B SUMMER D,q Area residents show cool during the dog cl - Page lC @Barton Publications, Inc. ,w they keep s of summer. .... HaysFreePress.com Vol. 108 No. 15 Hays County 75 BY JEN BIUNDO not pursue criminal charges against jen@haysfreepress.com any adults for supplying the Hays High School junior and her friends with alcohol. In early May, a crowd of hun- TABC Agent Michael Deans said dreds of local residents turned out the Llano office has concluded the to mourn 17-year-old Alyssa Marie agency's source investigation, which Bargsleyin a vigil ceremony, remem- determined that Bargsley and two bering her as a vivacious, fun-loving friends, aged 15 and 17, consumed young woman who could brighten alcohol prior to the accident. How- up the room with her smile,ever, the investigation found that Two months after Bargsley's death the teenagers took the drinks from in a golf cart accident, the Texas inside the house without the knowl- Alcoholic Beverage Commission edge of adults. (TABC) announced Friday that it will Llano County Attorney Cheryll Mabray reviewed the TABC report and opted not to pursue charges for furnishing al- coholic beverag- es to the minors, a charge that re- quires proof of criminal negli- gence. Providing alco- BARGSLEY hol to a minor is a Class A misdemeanor punishable by up to a year in jail. According to the DPS accident 1 report, at about 7 p.m. on May 1, t Bargsley's friend, a freshman at Hays a High School, was driving the golf 1~ cart down a paved street in King- e sland near Lake Buchanan. While swerving back and forth, the driver t hit a bump in the road. Bargsley, who had been standing on the back of the vehicle, fell and fatally struck a her head. s Investigators at the scene deter- 5 mined that the teens had been drink- L ing. TABC's Carson Starkey Amnesty o Policy enacted in 2009 says that d ~BC will not charge minors with possession or consumption of oholic beverages when someone ; called 911 because of a medical Lergency. 'It is our hope that publicizing s policy will encourage young aple to cal! 911 if a friend is in nger from alcohol poisoning or y other medical emergency," d TABC administrator Alan ~en. "We don't want any life to lost because someone is afraid getting in trouble for underage nking." gun charge could speed BY SEAN KIMMONS sean@haysfreepress.com Aprosecutor in Branson, Mo., has dropped a weapons charge against Buda murder and arson suspect Mark David Simmons in order to expedite his release to Hays County authorities, of- ficials say. "We've dismissed our charge in an attempt to get him down to Texas faster," Taney County Prose- cutor JeffMerrell said on Tuesday. Otficialssaythat Simmons, who faces a capital murder arrest war- rant in the April homicide of his business partner, Steven'V~lfel, is still fighting extradition back to Hays Cotm~ where prosecutors could seek the death penalty. On Monday, Hays County Dis- trict Attorney Sherri Tibbe fried a request for a governor's warrant with the Texas Governor's Office as part ofthe extradition process. "He can fight extradition, but one way or another he has to comeback, Tibbe sai& "It doesnt matter if he wants to or not." Tlbbe says that the extradi- tion process could take weeks or up to six months if Simmons is against it. For now, the Texas Governor's Office will handle it. "We're just at the beginning of this whole process;' she said. Before Simmons is released to Hays County, paperwork will first be reviewed and pushed through the state of Missouri's attorney general's office, its de- partment of corrections and fi- nally its governor's office. "We will certainly cooperate fully with the state of Texas on this," said Scott Holste, spokes- man for Missouri Governor Jay Nixon's office. On June 29, after aaegediy robbing two local motels, Sim- mons surrendered peacefully following an eight-and-a-half- See ARSON/MURDER, pg. 4A Subscdb~ address PHOTO BY CYHOY SLOVAK-BARTON Kyle flrefighters 'Fill the Boot' Fill the Boot was the game of the day, with Lt. Ken Briggs (left) and Lt. Scott Wayman, both with the Kyle Fire Department, hamming it up to raise funds for the Muscular Dystrophy Association. The department's personnel joined other firefighters in the area in the annual pitch. This year's Kyle firefighters raised $9,720.66, a $2,000 increase over last year's fundraising effort, in their thrse-day effort last weekend. I BY SHELLY HENRY Special to the Hays Free Press After nearly a century living in the Buda area, Cecil Clark has more than a few memories to share in the latest "Voices of Hays County History,"a docu- mentary produced by the Hays County Historical Commission (HCHC). The public is invited to attend a screening of the documentary at 6:30 p.m. July 30 at the Buda Elementary Kunkel Room, lo- cated at 300 San Marcos Street. Cecil Clark was born in 1912 in the community of Goforth, just east of Buda, to SJ. and Ida Clark. Along with his three broth- ers and three sisters, Cecil spent his early years helping his father on the family farm, where they raised cotton, cane and corn. His two younger sisters, Dorothy and Doris, now live in Austin. In 1936, Cecil wed Wayne P. Foster, and the couple had been married 71 years when she died in 2007. Their two children, Cecil Allen and Bobble Joan, reside in Buda. In his oral history, Clark tells how he learned to plow with mules when he was very young. He also recalls working with the fire department dur- ingWorld War II at Camp Swift in Austin and talks about his many years as a store owner in Buda. Clark has spem many years as a dedicated caretaker for both the Live Oak Cemetery, just across the county line in Man- chaca, and the Martin Church Cemetery at the old Goforth community. His care and atten- tion are greatly responsible for the beaufifugy-tended grounds visitors enjoy at both sites today. For the oral history, Clark was interviewed by HCHC member Jim Cullen. The documentary was filmed by Richard Kidd of the HCHC, with sound recording by Bonnie Eissler. The"Voices of Hays County His- tory" documentaries are available for viewing on the HCHC website at www&ayshistoricalcommission. com. Cecil and his wife Way cery in Buda in 1954. C of Hays County History Historical Commission screened July 30 at Bu Despite houses coming off the Hays County auction block in August, foreclosures remain high. - Page 1D Opinions ..................... 3P Sports ..................... 1-2B Education ............... 3-4B Community Columns ....... 1&4C Bulletin Boards ............ 4C BY SEAN KIMMONS sean@haysfreepress.com / A Kyle husband and wife charged with assaulting their Hispanic neighbors were acquit- ted last week by a jury at the 22" Dislrict Court in San Marcos. The decision has sparked contention with the local branch of the League of Unit- ed Latin American Citizens (LULAC), which called the assault a hate crime. LULAC officials say they plan to look at different avenues to fight what they call an unfair trial. SeeKYLE ASSAULT, pg. 4A II STAFF RB I S Candidates for offices big and small submitted their most recent finance reports last week, detailing how much money they raised to finance their cam- paigns in the first six months of 2010, or since Feb. 21 ff they had a primary i'ace. The Hays Free Press is printing report totals and contributions Of more than $200 in selected races on page 2A of this paper with more to follow in next week's edition. The complete fil- ings will be available Thursday on haysfreepress.com. Hays Countyvoterswill choose a county judge, sheriff, district court judge, county court at law judge, district and county derks and a number of down ballot of. rices in the Nov. 2 general election. C0URTt~ I~lO~ , Clark stand in front of Clark's Gro- rk is the latest subject in the "Voices ;edes, produced by the Hays County he oral history documentary will be k Elementary. Church Page ............... 3C Business News ............ 1D Service Directory ... 2&3D Classifieds .................. 2D Public Notices ...... 2&4D '}