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Police were called on by C.R. Anthony's store manager Chris Metler just
before 12:30 a.m. Wednesday after the burglar alarm alerted security
personnel about an intrusion at their Airlawn Shopping Center store,
located in the 900 block of Eddy Street.
Police arrived to find no one at the scene, but discovered a broken
front window near the north end of the building.
Responding to the call were Police Sergeant Tony Dawdy, Captain David
Montgomery, Patrolmen Orlando Franco and Billy Hull.
Dawdy reported that articles of clothing were found on the ground
between the Anthony's and the adjacent Pecos Autoplex building,
indicating that the subject or subjects probably fled on foot in an
easterly direction.
The police sergeant also noted that blood was discovered on glass
pieces on the floor of the store.
Police said there are currently no suspects in the incident, according
to Dawdy.
Richard Crider of Aluminum Screens and Windows was contacted to board
up the window.
Lindsay, 37, was arrested by U.S. Border Patrol agents south of Van Horn
on May 5.
His attorney, Sib Abraham of El Paso, asked Judge Bunton following a
hearing on his suppression motion last Friday to allow him four days to
submit a brief.
Judge Bunton said this morning he has not received Abraham's brief, and
he will rule on the motion before Tuesday whether or not he receives it.
In the hearing, Border Patrol Agent Lonnie Hillin said he arrested
Lindsay on Green River Road, a dirt road that runs south from Van Horn
toward the Rio Grande.
Lindsay's pickup truck had tripped a sensor as it traveled north on the
road, Hillin said. After he was notified by another agent at 12:55 a.m.,
Hillin said he started south on the road and met Lindsay about 4½ miles
south of Van Horn.
As the truck passed him, Hillin noticed it had no metal registration
plate on the rear bumper. He turned to follow the truck, and Lindsay
pulled to the side of the road and stopped about two miles south of Van
Horn.
"He got out and came over. I identified myself as a Border Patrol agent
and asked him if he was from the area," Hillin said. "He said he was
from Pecos. I determined he was a U.S. citizen."
Hillin said he asked Lindsay if anyone else was with him, and he said
no. "I asked if he minded if I checked the vehicle myself. He did not
mind."
Opening the rear door on the four-door pickup, Hillin said he smelled
marijuana and noticed the butt of a rifle sticking up in front of the
seat area.
In the back seat was a block-shaped package underneath a sleeping bag,
Hillin said. "I had already smelled marijuana and wanted to see where it
was coming from...I examined it closer and made up my mind it was
marijuana. I told Lindsay, `You have marijuana in the truck,' and he was
under arrest."
Asked if he had any weapons, Lindsay said he had several, describing
them by type: a Ruger pistol, luger pistol and a rifle.
"I found the others later," Hillin said. "I asked him, `What is going on
here?' He said, `I have a ranch payment I am trying to make.'"
Hillin said he handcuffed Lindsay and had him sit on the truck bumper
until another agent arrived. Then they took Lindsay and his truck to the
Van Horn Border Patrol office.
Questioned by Abraham about the stop, Hillin said he was sure Lindsay's
truck was the same one that tripped the sensor, because there are no
other roads intersecting Green River Road. And local residents normally
do not travel the road that late at night.
When Lindsay came to his patrol car, he was caught off guard, Hillin
said.
"He said he was doing some predator control. I didn't know what that
meant; killing coyotes or what," he said.
Agent William Crowe said he helped Hillin transport Lindsay and the
truck to Van Horn and assisted in searching the truck.
He said they found a Luger 9mm pistol, loaded and in a holster, located
between the two front seats at the driver's right side; a Ruger .22
pistol loaded with six rounds; a Beretta M-14 rifle, loaded and with one
round in the chamber; a scoped Browning 81 .308 caliber rifle, loaded
with a clip and a round in the chamber; a Remington 12-gauge shotgun and
a Mossburg 12-gauge shotgun, both loaded and in the rear seat; and a 9mm
UZI pistol, loaded and in a tool box in the truck bed; and six boxes of
ammunition.
In the rear seat were bundles of marijuana weighing 151 pounds, Crowe
said. In the bed, along with the normal assortment of tools, were animal
traps, and in the cab a sleeping bag and equipment used for camping, two
walkie-talkies, a spotlight modified with duct tape to create a tunnel
lens.
Abraham presented no evidence for the defense, and Judge Bunton
immediately denied the motion to suppress. However Abraham asked him to
reconsider and allow him to submit a brief.
"We have a reasonable suspicion to stop, but we have a search of a
vehicle," Abraham said.
"Have you ever been on Green River Road?" asked Judge Bunton.
Abraham said, "No," and Judge Bunton said, "Maybe that's your problem.
Mr. Lindsay and I have both been down that road. There won't be one car
at 12:55 a.m. on Green River Road more than one night out of 100."
"That's speculation," Abraham said. "We don't know that. We don't have
someone saying, `We saw Lindsay's truck coming from the border.'"
Judge Bunton agreed to allow Abraham four days to submit a brief, but
said this morning he doesn't know when the four days' time began.
Stephenville Empire-Tribune placed first in that division with the
Plainview Daily Herald taking third.
The Enterprise also placed third in the special section division with
their 1995 West of the Pecos Rodeo section.
The Empire-Tribune took first in that division also, with the Brownwood
Bulletin placing second.
Skip Nichols of the Crane News was chairman for this year's event.
The Fort Stockton Pioneer took first place in weeklies in cities over
3,000 general excellence division with Gatesville Messenger placing
second and The Crane News netting third.
In news writing the Pioneer placed second with Gatesville Messenger
taking first and the Crane News again netting third in the weeklies in
cities over 3,000.
Fort Stockton also placed third in the special section and second in
features.
In the special section division of weeklies in cities over 3,000
Fredericksburg Standard took first and the Friona Star second. Honorable
mention went to Haskell Free Press.
In the features division in the weeklies in cities over 3,000 The Crane
News placed first with Gatesville Messenger taking third.
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arising from any of the foregoing.
_
Copyright 1996 by Pecos Enterprise
Division of Buckner News Alliance, Inc.
324 S. Cedar St., Pecos, TX 79772
Phone 915-445-5475, FAX 915-445-4321
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