Newspaper Archive of
Hays Free Press
Kyle, Texas
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August 28, 2013     Hays Free Press
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August 28, 2013
 

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Page 2A NEWS Hays Free Press August 28,2013 The Hays Free Press (ISSN 1087-9323) published weekly by Barton Publications, Inc., 122 N. Main St., Buda, TX 78610. Periodicals postage paid at Buda, TX 78610 and additional mailing offices. POSTMASTER: Send address changes to Barton Publications, ilnc., RO. Box 339, Buda, TX 78610. ISSN#1087-9323 NEWS TIPS If you think it'S news, we probably do t0o! Newsroom phone: 512-268-7862 E-mail: newS@ haysfreepresS.com Mail: 113 W. Center Street, Kyle, TX 78640 CORRECTIONS i Any erroneous reflection upon the character, standing or r( 3utation of any persor corporation appear in the Hays Free Pr corrected up( brought to th of the publish DEADLINES The deadlin advertising ar contributed n the Hays Free p.m. Friday tL to publication The deadlin to the Editor word adverti., Hays Free Pre Monday the v publication, tt encourage re; advertisers to Friday deadlir , firm or hich may pages of the ,ss will be in being ; attention 8r. .= for display d any .ws copy in Press is 5 e week prior . for Letters tnd classified ng in the ss is noon ,eek of tough we lders and observe the e. LETI'ERS GU We welcome letters to the timely topics interest. We a IDEUNES ocally written ditor on of community k that you keep ther 1 to about 350 words in ength and that you not irdulge in personal atta(:ks on private individuals. L(,tters may be edited for bre' rity and clarity. All letters sho Jld be signed by the author and include a daytime ph(,ne number where the aut lor can be contacted for verification. Letter writers are limited to one letter IC er month. Letters can b( emailed to csb@haysfree )ress.com. HISTORY Founded Apri Thomas Fletc The Kyle New on the corner and Miller Str( town's oldest building. It me The Hays Cow in 1956. The I: consolidated Press in Octol During its mot year history tl has maintaine at more than locations in K 10, 1903, by ler Harwell as , with offices of Burleson ets in the "emaining rged into nty Citizen aper vith The Free )er, 1978. than 100- e newspaper :1 offices dozen ,le and Buda. Child trafficking indictments handed down BY ANDY SEVILLA andy@haysfreepress.com A San Marcos woman was indicted on three counts of child trafficking after authorities say she prostituted a child; meanwhile a man accused of paying for the victim to engage in sexual conduct was also indicted for child trafficking. Julia Salazar, 46, was arrested on the three counts of child trafficking on Aug. 19. Roman Luis Niles, Jr., 30, has been in Hays County custody since April 24 on felony child trafficking charges and on a Dickson County, Tennessee, warrant for possession of a controlled substance. At about 11 p.m. Nov. 4, 2012, San Marcos police were dispatched to Cu- auht6moc Hall, a nonprofit dance hall in San Marcos, for a reported sexual as- sault of a child under the age of 15. The victim told police she had been walking in the area of the 500 block of Patton Street at the railroad tracks when a black male drMng a small body pickup truck, a short time earlier, ap- SALAZAR NILES proached her, according to Niles' prob- able cause affidavit. The victim said the suspect drove up alongside her and offered her a ride, but the victim refused and the driver leaned across and opened the passenger side door, according to the affidavit. The driver then reached out and pulled the victim into the vehicle by the arm, the document said. The offender then drove the victim to an area just offthe 1000 block of Clovis Barker Road, offthe roadway and onto a rough path, which vehicles sometimes use to access the back of several busi- nesses which are located along the IH- 35 east access road, the affidavit said. Then, the victim told police, the offend- er sexually assaulted the victim, accord- ing to the affidavit. The offender apologized repeatedly and drove the victim to Cuauht6moc Hall at the victim's request. Workers from the hall called police once the sus- pect was gone, the affidavit said. Additional officers who arrived on scene, with the help of the victim, were able to locate the crime scene, photo- graph it and recover the victim's shoes and cell phone. The victim underwent a SANE (Sex- ual Assault Nurse Examiner) examina- tion at the Guadalupe Regional Medi- cal Center in Seguin, where a vaginal swab was conducted that ultimately led authorities to a DNA match to Niles, through the Federal Bureau of Inves- tigation Federal Convicted Offender (DNA) database, according to the affi- davit. Niles was indicted July 1 on four counts of child trafficking. His indict- ment accuses him of engaging in or causing the child to become a victim of compelling prostitution, sexual assault, indecency with a child and sexual per- formance by a child. Salazar's July indictment accuses her of engaging in or causing the child to become a victim of compelling prosti- tution, sexual performance by a child and of sexual assault. Indictment by a grand jury means there is enough evidence to support the charge to warrant a trial, not that the defendants are guilty. No probable cause affidavit or re- ports were available for Salazar. Hays County Assistant District Attorney Bri- an Erskine said his office presented the Grand Jury with Salazar's case, resulting in her indictment. Erskine would not comment further on Salazar, citing the ongoing criminal investigation. He did say Salazar prosti- tuted the victim, and that Niles was her codefendant. Former PEC geneI'0000 manager gets new day in court STAFF REPORT The Third Court of Appeals has ordered a new hearing for former high-ranking PEC officials found guilty of funneling hundreds of thousands of dollars to relatives of Pedernales officials. The Marble Falls newspaper, www.dailytrib.com, broke the story Tuesday announcing that the Third Court of Appeals ruled a judge did not apply the proper standard in determining whether State District Judge Dan Mills should have heard the criminal cases against former Pedernales Electric Cooperative general manager Bennie Fuelberg and general counsel Walter De- mond. The defendants argued Mill's membership in PEC and potential financial gains should have dis- FUELBERG DEMOND qualified the judge from presiding over their criminal cases. But Judge Bert Richardson denied the men's motions to remove Mills from the bench, according to the newspaper. Mills rebuffed calls to voluntarily recuse himself, the newspaper re- ported. Fuelberg was found guilty in De- cember 2010 of third-degree felony theft of co-op funds, misappro- priation of fiduciary property and money laundering for allegedly ar- ranging for hundreds of thousands of dollars in co-op funds to be paid to his lobbyist brother, Curtis Fu- elberg, and Bill Price, the son of a former PEC board member, through Demond's law firm. Mills sentenced Fuelberg in Feb- ruary 2011 to 300 days in county jail, five years of probation, 1,000 hours of community service and $126,000 in restitution. Demond was found guilty in May 2011 of felony theft, misapplication of fiduciary property and money laundering for helping arrange pay- ments to relatives of PEC officials. He was sentenced to 500 days in jail, 10 years probation and $212,000 in restitution. Ex-Firefighter Indicted: Felony charges of theft, abuse of official capacity Continued from pg. 1A cording to Kolls arrest warrant. Kolls was allegedly paid $1,000 for that training, according to an invoice Nov. 1, 2012, the docu- ments state. The AISD agreement with Kolls noted that the suspect would "serve as an EMS Coor- dinator at the LBJ Fire Academy in charge of filling and obtaining course approval with the Texas Department of State Health Ser- vices; creating student's hand- book; keeping records on file for the state; keeping track of clini- cals; (and) others duties as as- signed," according to the arrest warrant. Nowhere in the agreement was the Kyle Fire Department mentioned and I(olls' home address and personal email ad- dress was included on the con- suiting agreement form, the documents state. The agreement also stated that the Kyle Fire Department would be responsible for main- taining liability insurance for the students and faculty, according to the arrest warrant. Leon Hudson, the EMS In- structor for the LBJ Fire Acade- my, told investigators that he en- tered into a training agreement with Kolls under the belief that the work was being coordinated through KFD's training program and that Kolls had obtained the necessary course approval through the Texas Department of State Health Services, accord- ing to court documents. Brett Hart, EMS Compliance Manager with the Texas Depart- ment of State Health Services, told investigators that no appli- cation had been received, nor approval granted for the EMT training course at the LBJ Fire Academy, according to the arrest warrant. The training began on December 2012 and was sched- uled to nan through May 2013. Kolls was certified through the Texas Department of State Health Services as an Emergency Medical Services (EMS) Training Coordinator and he had rou- finely coordinated various EMS training classes through KFD as part of his normal duties as the training coordinator for KFD, the court documents state. However, former Fire Chief Glenn Whitaker, who resigned in March amid tensions with the Hays County Emergency Ser- vices District Number 5 - which took over KFD operations in October 2012 - had no knowl- edge that Kolls had entered into a training agreement with AISD, the arrest warrant states. Also, In Febru, DorisWhita- ker, KFD's bookkeeper, told in- vestigators that sometime in August or September 2012, she became suspicious that monies collected through KFD's training program had not been turned in to her by Kolls, for various train- ing courses at KFD, according to the arrest warrant. On Sept. 17, Doris Whitaker was in Kolls' office at KFD and noticed a receipt book on his desk which contained receipts for cash payments for tniton fees that she had not received, court documents state. She then opened Kolls desk drawer and found other receipts and checks for course tuition payments, many of which were dated sever- al months prior, the documents state. Doris Whitaker made photo- copies of the checks and receipts and she attempted to reconcile them with monies Kolls turned over to her for trainings, and it appeared many cash payments, about $3,800, had not been handed over to the department, according to Kolls' arrest war- rant. Through Doris Whitaker's photocopies, investigators were also able to pinpoint alterations 00, It's Labor Day! Following their convictions, the former PEC officials appealed Rich- ardson's ruling dismissing the men's motions to remove Mills from hear- ing their cases. The appellate court agreed with Richardson's determination that Mills would not have a financial in- terest in the outcome of the case, but further asserted that the judge should have considered a different standard when deciding whether to recuse Mills, the newspaper re- ported. "Instead, Judge Richardson should have determined whether a reasonable person would doubt Judge Mills' impartiality," the appel- late court's decision stated, accord- ing to the dailtytrib.com The appellate court has ordered a new recusal hearing and set an Oct. 28 deadline. :! clree ress will be closed Monday, Sept. 2 ers, columns and classified advertising due noon Friday, Aug. 30 for Sept. 4 edition. Leti Have a safe and happy Labor Day! made to at least one check Kolls handed over to Doris on Sept. 28, 2012, for an Emergency Medical Response (EMR) class. Kolls worked at KFD from Au- gust 2008 until March 6, 2013, when he was reorganized out of the department as part of cost saving measures ESD5 was im- plementing with then-interim Fire Chief Huckaby, as the de- partment was in financial straits. (3TY OF KYLE, TEXAS NOTICE OF 'FA00X REVENUE INCREASE The City of Kyle conducted public hearings on Au- gust 21,2013 and August 27, 2013 on a proposal to in- crease the total tax revenues of the City of Kyle from properties on the tax roll in the preceding year by 5.15 percent. The total tax revenue proposed to be raised last year at last year's tax rate of $0.5244 for each $100 of tax- able value was $7,711,434. The total tax revenue proposed to be raised this year at the proposed tax rate of $0.5483 for each $100 of tax- able value, excluding tax revenue to be raised from new property added to the tax roll this year, is $7,707,426. The total tax revenue proposed to be raised this year at the proposed tax rate of $0.5483 for each $100 of tax- able value, including tax revenue to be raised from new property added to the tax roll this year, is $8,002,200. The City Council of City of Kyle is scheduled to vote on the tax rate that will result in that tax increase at a public meeting to be held at 7:00 p.m. on September 3, 2013 (lst Reading of Ordinance) and at 7:00 p.m. on September 4, 2013 (2nd Reading of Ordinance) at Kyle City Hall, 100 W. Center Street, Kyle, TX 78640.