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STATE COURT 3

1995

Madrid to appeal life term


By PEGGY McCRACKEN
Staff Writer
PECOS, Feb. 1, 1995 - Richard Abalos, attorney for 18-year-old Sandra
Madrid, said he would file notice of appeal today of her conviction and
life sentence in the death of her son, Alvaro Carrasco.

He died May 2, 1994 at Reeves County Hospital of an alleged beating by
Madrid's boyfriend, Gilbert Arevalo. Arevalo has not yet been tried.

Madrid was convicted Dec. 1, 1994 by a jury in Upton County of injury to
a child by omission, but fled during their deliberation in the
sentencing phase of the trial.

Bail bondsman Joey Herrera, who put up $100,000 secured bail for Madrid,
turned her over to U.S. Customs agents at the Presidio Port of Entry on
January 22. He said that she was turned over to him at the international
bridge, and he paid a reward for her capture in Mexico.

Since Madrid is a Mexican citizen living in the United States with a
resident visa, Mexican officials have launched an investigation into her
alleged kidnapping in Ojinaga, Mex.

Abalos said that the Mexican Consul was to file a complaint with the
Mexican attorney general, which then would be filed with the United
States attorney general.

"Her sister filed a complaint of kidnapping," Abalos said. "I sent a
copy to the FBI and talked with their agent, Dan Leyman."

The 15-page statement details how four men in ski masks and Joey Herrera
abducted Sandra Madrid at a dance in Ojinaga. When the sister, Claudia
Madrid, and her brother followed the kidnap van and another car with
Texas plates, the abductors shot at her car, Abalos said.

"Bullets they took out of the car were fired by machine guns," Abalos
said.

He said the Mexican Consul in Midland is "pretty upset about it."

"There is an extradition treaty with Mexico that he feels ought to be
honored," Abalos said. "You can't just go in there and invade the
sovereignty of Mexico."

Madrid remains in the custody of Upton County Sheriff Dan Brown while
awaiting transport to the state women's prison at Gatesville.

Brown said he will allow no one to see Madrid, nor will he say when she
may be transported to the prison, for security purposes.

"This has turned into a big deal," he said.

Madrid gets life sentence in son's death


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By PEGGY McCRACKEN
Staff Writer
FORT STOCKTON, Jan. 30, 1995 - District Judge Alex Gonzalez formally
sentenced Sandra Madrid, 18, to life in prison Friday for injury to a
child by omission.

Madrid, a former Pecos resident, was living in McCamey when her infant
son died of injuries allegedly inflicted by Madrid's boyfriend, Gilbert
Arevalo. She was tried in Rankin and convicted, but fled to Mexico
before Judge Gonzalez handed down the sentence.

Assistant District Attorney Christy Burnett said Friday that D.A. Albert
Valadez has not decided whether to file a charge of failure to appear.

After Madrid fled to Mexico, bail bondsman Joey Herrera offered a $5,000
reward for information on her location. He said that on Sunday, Jan. 22,
Madrid was handed over to him at the international bridge between
Ojinaga, Mex. and Presidio, and he paid a reward. He declined to say how
much he paid.

Mexican authorities mounted an investigation into allegations by
Madrid's sister, Claudia Madrid, that four men in ski masks abducted
Sandra at a dance and shot at the car as Claudia and her 14-year-old
brother followed the kidnappers' van and a car occupied by Joey Herrera.

She said the vehicles had Kansas and Texas license plates, and she
believed the kidnappers were Americans in her initial report.

Guillermo Morales, a reporter for Heraldo de Chihuahua, a
newspaper in Chihuahua City, Mex., said Friday that Mexican police now
believe that the masked kidnappers were federales (federal
police officers).

By PEGGY McCRACKEN
PENNY LEON and
JACK KING
Staff Writers

PECOS, Jan. 23, 1995 - Six masked men kidnapped fugtive Sandra Madrid at
a dance in Ojinaga, Mex. early Sunday, said her father, Roque Madrid.
She was whisked across the Rio Grande and turned over to U.S. Customs
officers in Presidio.

The former Pecos resident was on trial in Rankin for injury to a child
when she disappeared seven weeks ago and reportedly fled to Mexico.

Madrid said that Joe Herrera, who put up a $100,000 security bond for
her, was with the men who kidnapped her, and she claims Herrera hit her
in the face and mouth.

Sandra's and her sister, Claudia, were leaving the dance in Claudia's
car when the men took her against her will, said Roque Madrid. Claudia
and her 14-year-old brother, Carlos, followed the van and car carrying
their sister.

They reported that the men, who were inside a van, shot several shots
into Claudia's car.

Herrera said this morning that Madrid was delivered to him at the
International Bridge, and he paid the reward he had offered for her
capture.

He turned her over to Customs officers, who "handled it very
professionally. They had worked on it the last two or three weeks," he
said. "I was glad to see that she was returned to the authorities."

Madrid fled to Mexico on the final day of her in connection with the
death of her 18-month-old son.

Upton County Sheriff Dan Brown said today that Madrid is in the Upton
County Jail in Rankin.

"All I know is that I got a call about 1 a.m. Sunday saying that she had
mysteriously appeared at the Customs Office in Presidio. The Customs
office took her to the Presidio County Jail in Marfa, where she remained
until we picked her up," he said.

She is awaiting formal sentencing on a charge of injury to a child by
omission, Brown said.

"We haven't started a case on flight against her yet. We wanted to
complete the injury to a child sentencing in order to get her into
prison," he said.

"I really don't know the details of how she got to the Customs office. I
could speculate, but I wouldn't want to do that," he added.

Madrid was on trial in Upton County on Dec. 1 in connection with the
death of her son, Alvaro Carrasco, when she disappeared. It was later
determined she had been driven from Pecos across the border to Ojinaga,
Mex., in the early-morning hours of Dec. 1.

She was found guilty later that day by the 83rd District County jury and
sentenced in absentia to life in prison. However, District
Attorney Albert Valadez said the sentence could not be handed down until
Madrid was returned to court in Rankin.

In the week following her disappearance, Madrid's father and brother
were arrested, along with a third man on charges of aiding in Sandra
Madrid's escape.

Madrid's father and the third man, identified as Orlando Carrasco
Garcia, 19, were released shortly after their arrests, while her
brother, Felix Madrid, remains in the Upton County Jail on a hold from
Reeves County on an unrelated charge. All three men are from Pecos.

Alvaro Carrasco was pronounced dead after being brought to Reeves County
Hospital on May 2. An autopsy showed the death was due to internal
injuries.

Madrid's boyfriend, Gilberto Arevalo, was charged with murder and
remains in the Upton County Jail pending trial, which is scheduled for
this spring.

The couple and the child were living in the Upton County town of
McCamey, where officials allege the fatal beating to Carrasco occurred.
During Madrid's trial, testimony indicated she failed to inform doctors
at Reeves County Hospital of her son's injuries, saying instead the boy
was sick after swallowing cigarettes.

Roque Madrid said this morning that Claudia and Carlos Madrid stopped
the pursuit after being shot at and reported the incident to municipal
police in Ojinaga. Claudia called her father at 1 a.m. in Pecos and gave
him a description of the van and another car that was involved, and he
attempted to intercept them near Alpine.

Ojinaga police said they received a report of gunshots in the streets.
Claudia Madrid told them that six men with face masks and tommy guns
inside a van with Kansas plates, followed by a grey car, shot her Buick
four-door. Three bullets hit the back door and one hit between the two
doors.

Police said the could not locate the van and car, and believe both
vehicles crossed the river somewhere. The officer on duty said the men
who took Sandra Madrid broke the law, and that Claudia Madrid could file
a lawsuit for kidnapping. Then state and federal police can bring Sandra
Madrid back to Ojinaga by legal statement.

"It's aginst the law to take people by force and take them to the United
States, no matter what that person did the other country," the official
said. He refused to give his hame.

Arturo Rodriguez Sanchez of the Mexican federal police, said they didn't
know anything about the gunshots and kidnapping. But they had been
notified that Sandra Madrid is wanted in Texas, and there is a $5,000
reward for information.

Bail bondsman on hot seat in kidnapping


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By PEGGY McCRACKEN
Staff Writer
PECOS, Feb. 3, 1995 - Bail bondsman Joey Herrera said today that he has
talked by telephone with FBI agent Dan Leyman of Midland concerning the
alleged kidnapping in Mexico of Sandra Madrid on January 22.

Mexican officials filed a protest with the United States attorney
general about Madrid's abduction because she is a Mexican citizen.

Herrera said he was on vacation with Leyman called.

"He said he would make arrangements to interview me at a later date,"
Herrera said. "I don't know when we will meet. I just wanted to visit
with my lawyer before I visited with them, and he's been out of town."

Scott Johnson represents Herrera, and he is with his ill father.

Herrera said he has retained a lawyer in Mexico to represent him on
matters relating to the alleged abduction of Madrid at a dance in
Ojinaga.

"I haven't been charged with anything in Mexico, nor do I think I will
be," Herrera said.

He said he paid $10,000 in reward and expense money for the return of
Madrid, who fled to Mexico after being convicted Dec. 1, 1994 in Upton
County of injury to a child by omission.

Herrera had posted $100,000 security bond for Madrid on that charge, and
the 83rd District Court had ordered him to pay that amount or produce
Madrid.

Madrid was sentenced to life in prison and is awaiting transfer to the
Gatesville Unit of the state prison system.
Madrid's attorney, Richard Abalos of Odessa, said he would appeal the
conviction and sentence in the death of her son, Alvaro Carrasco.

The 18-month-old baby died May 2, 1994 at Reeves County Hospital of an
alleged beating by Madrid's boyfriend, Gilbert Arevalo. Arevalo has not
yet been tried.

Herrera turned Madrid over to U.S. Customs agents at the Presidio Port
of Entry on January 22. He said that she was turned over to him at the
international bridge.

No prison in sight for heroin sale


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By PEGGY McCRACKEN
Staff Writer
PECOS, 1995 - Jurors summoned for the heroin delivery trial of Dulces
Nombres Hernandez Jr. learned this morning in 143rd District Court that,
even if they find him guilty, he will never serve one day in prison.

District Attorney John Stickels said that delivery of heroin now is a
state jail felony, which carries automatic probation upon conviction.

A person who violates probation for a state jail felony could be sent
off for treatment of a drug or alcohol problem, trained for employment
or educated so he can function in society, Stickels said.

"The worst that could happen would be incarceration in a state jail
facility, which is less restrictive than prison," he said. "It is kind
of like the law enforcement center, with teachers, drug and alcohol
counselors, skill training - like reform school used to be for
juveniles, to change his life round so he can live in society."

During deliberations on sentencing, the jury would decide the length of
stay in such a facility, which could be up to two years, but no more,
even though probation can be for up to five years.

"Automatic probation I don't agree with," said Paul Deishler, a police
sergeant who helped make the case against Hernandez.

Delivery of heroin was once a first-degree felony, punishable by 5-99
years or life in prison and a fine of up to $10,000, he said.

Stickels explained the felony punishments to the jury. He also explained
that police must use a person known to be involved in drugs to make
purchases such as the one alleged in this case.

DPS Trooper Burleigh Locklar, who was on the jury panel, could not go up
to a drug dealer's door in uniform and make a purchase, Stickels said.

"If you are going to catch somebody dealing drugs, you are going to have
to send someone there that knows about the drug business; who the dope
dealer believes is trustworthy, before the drug dealer is going to sell
him drugs," he said.

"In this case, the police department and sheriff's office used an
undercover operator to catch this defendant."

Rowdy Curry, a young man who admits having used heroin in the past, made
the alleged purchase from Hernandez on Sept. 15, 1994. He will testify
during the trial, Stickels said.

Randy Reynolds represents the defendant before District Judge Bob Parks.

Jury clears Hernandez on heroin charge


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By PEGGY McCRACKEN
Staff Writer
PECOS, 1995 - Dulces Nombres Hernandez is not guilty of delivering
heroin to Rowdy Curry on Sept. 15, 1994, a 143rd District Court Jury
found Monday.

Hernandez was one of 22 suspects named in sealed indictments in early
January, following a four-month undercover operation staged by the Pecos
Police Department and Reeves County Sheriff's Office narcotic task force.

Curry testified that he agreed to help police sergeant Paul Deishler in
the operation by purchasing drugs from known dealers and recording the
transaction on cassette tape.

Deishler gave him $40 to buy cocaine from Hernandez, Curry said, but
Hernandez could not obtain cocaine. He and Hernandez then went to a
residence on Martinez Street, where Hernandez went inside and came back
with two papers of heroin, he said.

In the recorded conversation, which District Attorney John Stickels
played for the jury, Hernandez is heard to describe the dope as good
stuff.

Curry said he delivered the heroin to Deishler, and received $100 in
payment. For each of the 21 or 22 purchases he made after the first few,
he received $100, he said.

Deputy Clay McKinney tetified that he has used private citizens to make
undercover drug buys "probably over 25 times, I imagine."

McKinney said that sometimes private citizens help police by reporting a
neighbor whom they suspect of dealing drugs. Others are mercenaries who
work strictly for money and have no other interest in the case. "That's
how they make their living," he said.

Some are informants who have been arrested themselves and are "working
their case off" by helping to arrest others.

"Another type gets some compensation in regard to other cases?" asked
defense attorney Randy Reynolds.

"On occasion," McKinney said.

Reynolds asked if Curry received some benefit for another case, possibly
in another county, but McKinney said he knew of none.

He said he did contact the district attorney and assistant district
attorney in Nolan County about an incident involving Curry.

"He said the case there was not worthy of felony prosecution and would
be send to misdemeanor court," McKinney said. "But it was no bargain or
agreement in any way."

Asked if he had contacted Ed Krevit, a Midland County Sheriff's deputy,
McKinney said, "No. The only one I spoke to was the assistant DA
handling the case."

Krevit told the Enterprise Monday that Curry and his wife,
Marty Kay Bradley Curry, had been in the Midland County Jail on a
robbery charge.

That charge was reduced to a misdemeanor, because the assistant district
attorney, George Patterson, felt the offense alleged was not a robbery,
but a theft, he said.

Krevit said that Dulces Hernandez was the first person he ever arrested.
He was a rookie cop at the Pecos Police Department when he arrested
Hernandez on a minor charge of public intoxication or disorderly
conduct, he said.

Prieto found not guilty of heroin charge


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By PEGGY McCRACKEN
Staff Writer
PECOS, 1995 - For the second day in a row, jurors in 143rd District
Court found a defendant innocent of delivering heroin to an informant
working with the Pecos Police Department and Reeves County Sheriff's
Office.

Victor Orosco "Moti" Prieto, 36, of 1118 E. Eighth St., was one of 22
suspects charged with selling drugs to 30-year-old Rowdy Curry in late
1994.

Curry testified that he paid Prieto $20 for one paper of heroin on Oct.
6, 1994. Prieto was driving down the street in a borrowed car when Curry
gave him the sign that he wanted to purchase drugs, the police informant
said.

"We made a block, then pulled over and I asked him if he could get me
heroin. He said, yes I could, but that I couldn't go with him. I gave
him $20," Curry said.

Curry said he drove around for five or 10 minutes, the met again with
Prieto.

"We pulled over. We stayed in the car. I rolled the window down and
asked if he had done any good. He said yes. He handed me heroin. I said
`Thank you,' and drove off."

The transaction took place around noon, Curry said.

However, Prieto testified that he was at work at Recovery and
Reclamation at the time. He said he clocked out for lunch, but that he
ate a sack lunch in one of the break rooms provided by the company and
never left the premises.

Mike Martinez said that he also worked at R&R and that he and Prieto
both punched out for lunch. "We have two break rooms. I always ate
inside because my wife brought me lunch," he said.

"You don't know whether Victor Prieto left on that day?" asked District
Attorney John Stickels.

"I just know we all punched out together and punched in together at the
same time," Martinez said.

Janet Taylor, director of human resources for R&R, testified that
employees sometimes leave the premises during the lunch hour, even
though they are not supposed to.

Ralph Corrales, an inmate at the Reeves County Jail, testified that
Curry is a heroin dealer from whom he purchased heroin for the past year
or so. "We did heroin together two weeks ago," he said.

Curry said he was a heroin addict for more than 10 years, but has been
"clean" for five to six months. He said he offered to help the police
department clean up the streets by arresting street dealers, "because
heroin has ruined my life."

Prieto said that Curry was retaliating against him because he was
"burned" on a heroin deal a year ago.

"He came to me trying to score, and I burned him," Prieto said. "He
wanted me to buy heroin for him and gave me $20, and I just left. I
didn't give him any heroin and kept the money."

Walter Holcome, Prieto's attorney, asked, "Have you ever in all these
years given him any dope of any type?"

"No."

"Ever sell him any type of drugs?"

"No."

Paul Dieshler, police investigator who directed the undercover
operation, testified that Curry made a tape recording of all the
purchases, but that the tape on Prieto is of no value because the voices
on the tape are not identifiable.
He said he paid Curry $100 for each purchase when he turned in the dope
and tape recordings.

Sheriff's investigator Clay McKinney said that it is difficult to make
dope cases in a small town, because "everyone knows everyone else."

Known drug users are sometimes used as informants because drug dealers
"automatically become suspicious" of an undercover officer from
out-of-town.

"If we catch a drug dealer here in town, you educate him, and you can't
catch him like that agin. We have to come up with an alternate method to
apprehend that individual," he said.

Sheriff Arnulfo Gomez said he supervises the narcotics task force that
McKinney and Dieshler head, and that he approved their using Curry to
make the purchases.

Police Chief Troy Moore said the task force follows the law in setting
up drug dealers, and they keep him advised at all times what they are
doing.

"If you had known all the things on (Curry's) five-page rap sheet at
that time, would you say he ws a truthful man?" asked Holcombe.

"I have no reason to believe otherwise," Moore said.

"Knowing what you do about Rowdy Curry now, would you approve it>"

"I believe I would," Moore said.

Stickels said he plans to try all of the cases Curry developed before a
jury. Others are set for next week.

Dulces Nombres Hernandez was found innocent Monday of delivery of heroin.
Survivors of a man who died after suffering an apparent hert attack in
Wal-Mart have filed suit against the discount chain in 143rd District
Court, under the Wrongful Death Act.

Perry Williams Jr. and Virginia Pendleton claim that their father, Perry
Williams Sr., had a heart attack Nov. 9, 1993 while a customer at
Wal-Mart. When aid was attemped on Williams by a customer and former
employee of Wal-Mart, she was forced by store employees to stop, the
suit alleges.

"Due to the inattention and failure to render aid on the part of
defendant's employees and/or representatives, Perry Williams Sr. was
caused to suffer and sustain an injury or aggravation to an injury which
led to his death and other damages," the suit alleges.

Odessa attorney Abner Burnett field the suit on behalf of the plaintiffs.

Ortiz charged in girl's death


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By PEGGY McCRACKEN
Staff Writer
MIDLAND, 1995 - Former Pecos resident Henry Lopez Ortiz, 42, is being
held in Midland County Jail on charges related to the death of
10-year-old Julie Ann Powell.

Powell's body was found in a spare bedroom in Ortiz's apartment at
Quentin's Walk Apartments, downstairs from the apartment where the Santa
Rita Elementary student lived with her mother, police said.

A Midland grand jury is expected to consider charges of kidnapping,
sexual assault and murder against Ortiz, possibly on Wednesday.

Police Sgt. David Garcia said that the girl was reported missing about 5
p.m. Friday. During the investigation of a missing person, police
learned that Powell had been seen earlier in the day with Ortiz.

They obtained permission to search Ortiz's apartment at about 7:30 p.m.
and found the girl's body.

Ortiz was tried in 143rd District Court in Pecos on July 22, 1991 for
the alleged sexual assault of an 18-year-old female. The jury found him
innocent of the charge.

During the trial, the alleged victim testified that she and other youth
gathered at Ortiz's house for Bible study. On Dec. 22, 1990, she was
alone with Ortiz at his home when the alleged attack occurred.

Pecos Police Captain David Montgomery said that officers turned up
evidence during that investigation that Ortiz had allegedly sexually
abused two other young females, but those cases were not presented to
the grand jury.

"We received a call from the Midland Police Department Friday afternoon
requesting we check our files for Henry Ortiz," Montgomery said. "I did
FAX all the information we had concerning the sexual assault
investigation we did in 1990."

Montgomery said the lead investigator on the Powell case told him the
victim had been sexually abused and strangled.

"I hate that it had to happen, but I was glad it didn't happen here,"
Montgomery said.

D.A. drops 17 drug charges


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By PEGGY McCRACKEN
Staff Writer
PECOS, 1995 - District Attorney John Stickels on Tuesday dismissed 17
cases of drug delivery in 143rd District Court.

The defendants were indicted by the Reeves County grand jury following
an undercover investigation conducted by the drug task force formed by
the Reeves County Sheriff's Office and Pecos Police Department.

Stickels tried two of the original 22 defendants last week, and juries
found both innocent of the charges.

"I tried the best one they had first and the worst one next," Stickels
said. "I just can't see spending the kind of money the county would have
to spend to try those when I know in my heart they won't be convicted."

All the attorneys have told him their clients will not plead guilty, and
it would cost $1,200 to $1,500 in attorney fees to try them, he said.

He said he didn't know until the first case was tried that the
cooperating individual who purchased drugs from the 22 defendants was
paid $100 for each successful purchase.

"I understand they have to pay them, but they ought to come up with a
better way to pay them than $100 for each case," he said.

Rowdy Curry testified during the trial that he had been a heroin addict
for about 10 years, so he was able to purchase drugs without question.
He tape recorded the transactions for corroborating evidence.

In a previous undercover operation, the task force enlisted a deputy
from Van Horn who paid off cooperating citizens by allowing them to keep
half the drugs purchased for themselves. Stickels dismissed them, as
well.

Pecos Police Chief Troy Moore said that he would like to see every case
tried on its own merits, "but that's his decision to make. Just because
we lost two, that shouldn't keep us from trying to do what we were
trying to do; to serve justice."

In his motion to dismiss the cases, Stickels gave as his reasons
"insufficient evidence" and "in the interest of justice."

Charges of delivery of a controlled substance were dismissed against
Ruben Carrasco, 1001 S. Ash; Herman Ortega Campos, 809 S. Oak; Manuel
Ramirez, Ramon Natividad, 2318 Country Club Dr.; Raul Martinez, Mesquite
& Fifth; Alberto Montanez, 557 Martinez; Gerald Saenz, 911 E. Fourth;
Romie Valenzuela Granado, 509 Irene; Armando Armendariz, 406 S.
Mesquite; Mary Matta and Ruben Minjarez Rayos.

Delivery of heroin charges were dismissed against John Staten, 109-B
Hickory; Armando Natividad Fuentes, 817 Almond; Rafael Valles Medina,
2029 Ivey St.; Frank Rico Jr., 507 S. Almond; Florentino Florez, 200 W.
Fourth; and Dagoberto M. Rodriguez, 502 E. Seventh St.

Dulces Hernandez, 304 E. Eighth St., and Victor Prieto, 1118 E. Eighth
St., were acquitted of delivery of heroin in jury trials.

Grand jury indicts Ortiz in rape-strangling


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By PEGGY McCRACKEN
Staff Writer
MIDLAND, 1995 - A Midland County grand jury on Wednesday indicted Henry
Lopez Ortiz, 42, on a charge of capital murder in the rape-strangling of
a 10-year-old Midland girl.

Ortiz allegedly strangled and suffocated Julie Ann Powell during the
course of a kidnapping and sexual assault at his apartment Friday. He is
being held in Midland County Jail without bail.

Midland residents planned a vigil for the victim in front of the
courthouse this afternoon.

District Attorney Al Schorre said the capital murder charge, which
carries a possible death sentence, resulted from evidence gathered by
police and live witnesses.

The victim lived in the same apartment building as Ortiz and was seen
with him prior to being reported missing at 5 p.m. Friday, police said.
They obtained his permission to search the apartment and found the
girl's body stuffed in a hamper.

Ortiz was tried in 143rd District Court in Pecos on July 22, 1991 for
the alleged sexual assault of an 18-year-old female. The jury found him
innocent of the charge.

During the trial, the alleged victim testified that she and other youth
gathered at Ortiz's house for Bible study. On Dec. 22, 1990, she was
alone with Ortiz at his home when the alleged attack occurred.

Pecos Police Captain David Montgomery said that officers turned up
evidence during that investigation that Ortiz had allegedly sexually
abused two other young females, but those cases were not presented to
the grand jury.

Task force remains on the job
despite drug delivery dismissals


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By PEGGY McCRACKEN
Staff Writer
PECOS, 1995 - Despite the lack of prosecution in drug cases, a combined
city-county drug task force continues to arrest suspects, said Clay
McKinney, sheriff's office investigator.

"I think we have the support of the citizens," he said.

The latest arrest by the task force was on Monday, when officers
executed a search warrant at a business located at 2003 W. Third St. and
found a large amount of marijuana and drug paraphernalia.

Robert Rodriguez Nunez, 32, was charged with possession of marijuana
over five pounds but less than 50 pounds.

District Attorney John Stickels dismissed 17 felony drug indictments
Tuesday after juries acquitted two other defendants on delivery of
heroin charges.

Three of the 22 cases resulting from an undercover operation in late
1994 were transferred to Reeves County Court-at-law, where they resulted
in guilty pleas to misdemeanor delivery of marijuana.

Pauline "Coco" Valdez Roan, Sixth & Irene St., pleaded guilty Dec. 7,
1994 to one count of marijuana delivery and was sentenced to 24 months
probation and a $500 fine. A second charge was dismissed in the plea
agreement.

Francisco Salcido Menchaca, 1110-A Orange St., pleaded guilty February 9
to delivery of marijuana and was sentenced to 87 days in jail.

Reeves County Sheriff's investigator Clay McKinney said Thursday that a
statement made by Stickels regarding payments to the cooperating citizen
in all 22 cases was in error.

Stickels said that he didn't know until the day of the first trial, that
of Dulces Nombres Hernandez, that the cooperating citizen (Rowdy Curry)
was paid $100 for each transaction.

"On January 12 we gave Stickels an itemized list of expenditures on each
drug case so we could get restitution," McKinney said. "It listed all
the payments."

"I didn't know those payments were to a snitch," Stickels said this
morning. "They just had the total amount of money for each case. it
didn't say what was owed for what."

McKinney's partner, police investigator Paul Deishler, said he told
Stickels the payments were for an informant and expenses that were to be
reimbursed.

"That is $1,900 down the drain," Deishler said. "He should have tried
each case on its merits. We have some good recordings on those
transactions."

He agreed with Stickels that the first case tried - that of Dulces
Nombres Hernandez - was a good case. But the second, against Victor
Prieto, was not good because Curry failed to get a good recording of the
transaction.

"It seems very strange the cases are good enough for an indictment, but
when they go to court, they are not good," said Police Chief Troy Moore.
"I have a problem with that."

He said that, in the past, the prosecutor reviewed cases before
presenting them to a grand jury. "If it is not a good case, he wouldn't
go for indictment," he said. "This is the only time in 30 years I have
seen it work like this."

McKinney said that the Enterprise erred in the story as
well. A deputy from Van Horn who conducted an earlier undercover
investigation that resulted in numerous indictments, which were later
dismissed, did not pay a "cooperating citizen," he said.

The person who made the purchases in that investigation did not know
that the man who gave him money to buy drugs was a law enforcement
officer, McKinney said.

"He was a suspect in a case. The undercover game him money; he would go
in and purchase drugs and come back and give (the undercover officer)
the drugs. He was filed on for keeping half of them.

"That was not his payment, and he was not cooperating with the police in
any way," McKinney said.

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