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lC HIS NAME IS STORMY 18 WARRIOR BOYS TAKE A 2ND And he's a tribute to one of The golfers beat some big schools but Lincoln County's favorite sons couldn't top NMMI 50 cenl'i RUIDOSO, NEW MEXICO • FRIDAY, APRIL 20, 2001 • Ot.:R 54TH YEAR, No. 95 County does -w-ait-and-see Firefighters on hospital probe ends • County commissioners with a legal caveat - voted 4 w 1 not to change lease in charges· terms on the county hospital until they're told they must. Former Ruidoso Downs fire chief Nick Herrera faces 22 counts BY DIANNE STAWNCS Bl JAMES KALVELAGE ~~ IDOSO :oi!:'.X"S STAfF 111<rrl'll Until some state agency or the attorney general tells Lincoln County After an investigation spanning nearly 11 months, commissioners they must charge fair criminal complaints have been flied by the district market value for lease of the county attomey ruuning three former members of the Ruidoso owned hospital in Ruidoso, the issue Downs Fire Department. is tabled. Former fire chief Nick Herrera, suspended volun A motion by Commissioner teer Don Smith and former paid member Jimmy William Schwettmann to wait until Smith, who resigned last year, are accused of paying or notice is received in wri ling passed 4- receiving public money for services not rendered. In 1 Thursday with Commissioner Leo addition Herrera is charged with making or permit Martinez casting the lone "nay." ting false payment vouchers to the village of Ruidoso But County Attomey Alan Morel Downs. wamed tha.t if they sjt back and wait, District Attomey Scot Key called the investigation A their notice may arrive in the form of "a toil." a lawsuit by the attomey general. He Herrera faces a total of 22 felony counts. The two quoted state statutes requiring that Smiths each face 11 felony allegations. any lease for more than five years be SANOY SUGGITIISTAFF The felony charges follow lawsuits filed in February approved by the state Board of Bryant Hale, 8. Jlies as Michael Darling at a dress rehearsal for the Elgtn Childterl's Theatre production of by the village of Ruidoso Downs against former fire Finance. That board wouldn't "Peter Pan." opening Sunday at the Spencer Theater See this week's ;Vamonos'lo• oetails fighters that seek to recoup nearly $30,000. The village p approve the lease without fair market claimed the money represented unauthorized pay value paid, Morel said. ments to the members. Hearing that, Commissioner L. Ruidoso children rake flight in "The criminal complaints speak for themselves Ray Nunley offered a motion direct after an exhaustive investigation," said District ing 'Morel to talk to state oftlcta:hl Attomey Scot Key. "We feel we have enough to sustain about requirements for an appraisal. a burden of proof" Schwettmann and Commissioner NEVER-NEVER LAND The charges filed against Herrera allege that Rick Simpson voted against the between February 1999 and Apnl 2000 the then fire R motion, which passed 3-2. BY SANDY SUGCITT ing children to pull the four travels around the country chief perpetrated false vouchers for the expenditure of Schwettmann questioned why the ropes that maneuver the directing local children much public money and received village money for compen county should spend the money on an counterweights, moving the like the Missoula Children's sation for services that were not rendered. An exhibit appraisal that could cost as much as Eigh~year-old Bryant flyers up and down as well as Theatre, which has per flied with tbt! complaint contends $41,190 in village $25,000 when only one opinion by the Hale as Michael Darling flies sideways. formed at the Spencer monies were made payable to the Ruidoso Downs attorney general was voiced in the in the nursery and he flies in "Parents have to practice," Theater in past years. Volunteer Fire Department Fund through false infor past about the requirement. the pirate scene while Peter he said, "and they're afraid, The children will perfonn mation. The county in its more than two Pan sword-fights with the but the kids are fine." "Peter Pan" at the Spencer The $41,190 nearly matches a figure used during decade contractual relationship with daunting Captain Hook. About 35 Ruidoso children Theater for the Performing an administrative hearing where the village alleged Presbyterian Healthcare Services has Wendy and John Darling also were cast as "lost children," Arts at 7 p.m. Sunday and, in $41,000 was overpaid to volunteer flrefighters in 1999 c.harged only $1 per year and until fly- and, in this production, "natives" and "pirates," and performances for local school and the beginning of 2000. The hearing, requested by recently, also paid a management fee so does Tinkerbell. lucky Bryant Hale was cho children, at 10:30 a m. and 1 Herrera, challenges the village's ftring of the long time 2 in addition to a voter-approved spe Phil Eickhoff, production sen to fly as Michael Darling. p.m. on Monday. fire chief Testimony during the hearing alleged that cial property-tax levy manager for Flying by Foy, a The Elgin Children's Bryant Hale's feet may Herrera submitted padded vouchers for payments for Las Vegas, Nev. company, Theatre of Elgin, Ill., com never touch the ground in See HOSPITAl, page 2A said he teaches parents of fly- posed of amateur child actors, quite the way they used to. See COMPLAINTS, page 2A 0 Convention next week Police probe false report of gun on bus BY JAMES KAI.YRACE Interior Department official RUIDOSO NEWS \TAFF WRITFJ< Police Thursday took a middle to keynote LULAC meeting school student into custody after a report of a gun on a schCXJl bus. "There was no gun." said Agent 2 BY DIANHE saLl.INGS and JI!IJJ)()SO !'IE1IIS STAFJI 11II:TJEII took her to see historic Fort Randy Spear of the Ruidoso Police Stanton on a previous visit to Department. "It's still under investi A top federal official in the Lincoln County. gation" Bush Administration will give Scarlett, president and chief Police received a call ju..<rt. as·school the keynote address during the executive officer of the Reason in Ruidoso was letting out Thursday 72nd Annual League of United Foundation in Los Angeles, pub that a student had allegedly told Latin American Citizens lishes Reason., a monthly politi another person that he had a hand 0 Convention April 28 in Ruidoso. cal and cultural magazine, and gun. Leo Martinez, who helped oversees the foundation's mar Police searched for the school bus fonn the local chapter and was ket-oriented think tank., Reason that the 12 year old was believed to be JAMES IIALYB.AGEISTAFF active in LUI.AC in Califonria, Public Policy Institute. on. The bus was found and stopped by Law enforcement officers Thursday remove a student trom a school bus after a report arranged for Lynn Scarlett, She was appointed chairper law enforcement officers about 3:30 of a juvenile with a hand gun While an investigation is continuing. police said the student assistant secretary for policy son of California's Inspection p.m.. near the intersection of Highway was unarmed. management and budget in the and Maintenance Review 4 and Highway 6 on the Mescalero 0 U.S. Department of Interior, to Committee in 1994 and again in Apache Reservation. Bom. He was later released to a par school in suburban Denver occurred speak to the group at 1 p.m at 1996 and worked with the A juvenile was removed from the ent. two years ago today. Cree Meadows Country Club. Environmental Protection bus and taken to the Ruidoso Police "Regardless of the Columbine The police spokesman said not only Martinez worked with Agency on solid waste projects. Department complex. Officers also anniversary tomorrow or not, we're is it illegal to bring a weapon onto Scarlett on several boards and took a backpack from the bus. taking everything involving schools school property in New Mexico, it is projects in Santa Barbara, Calif, See LULAC, page 2A Investigators~ to the juve serious," Bom said. illegal to take a weapon onto a school nile, said Ruidoso Police Lt. Wolfgang The Columbine tragedy at a hlgh bus. 1 INSIDE lbeAru ... .6D Opinion ....4.\ Sudderth drive project jVAMONOS! Like Ruidoso in a llu!fncW ....K Real esate .. lE <laBslfleds •. lE Spoa:a .. , ...18 Pickle jars and penguins are among Crosftrocd . .6E n:-1 ..... .6C to expand retail space coastal locale Lenas .....4.\ 1ll=ather . .2A school kids' inspirations 8, 500 square feet being built I 3C The Barones ;6C II ~...-: ~_,. -~--~-------~---------~---- , .. ___ .... ---- .---------------- ~----- ____..__- _._ -- -----~------- 11111111 PAGE ZA • RUIDOSO NEWS LOCAL NEWS FRIDA~ APRIL 20 2001 COMPLAINTS: Charges filed against ex-fire chief, two others FROM l'llCliA advised Herrera, however the administrative hearing checks totaling $2,615 fur ..,... volunteer firefighter activities. when the prosecutor's office alleged. payments fur respond vices not perlbrmed. "'I think it was premature.D presented a plea deaL ing to 6re and accident calls The 11 counts that name attorney J. Robert Beauvais '"'lb.ere had been an offer were padded. But former Junmy Smith alleged $2,685 said Thursday in regard to the allowing all three of the indi Ruidoso Downs Mayor Joe was paid to Smith fur services crimina] complaints. "We were viduals to plead out on lesser Hayhurst testified last month not performed. on our way to getting the infor- charges. There was no basis to that he believed the payments Each ofthe counts are fourth mation (an accounting of seriously oonsider a plea.