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Bandera County Courier is published weekly by Gail S. Joiner, 1210 Hackberry St., Bandera, TX 78003. Subscription price $26 per year in Bandera County, TX; $36 per year for other Texas counties; $40 per year out of Texas. POSTMASTER: send address changes to Bandera County Courier, P.O. Box 1704, Bandera, TX 78003. Periodicals Postage pending in Bandera, Texas.

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Staff: Judith Pannebaker, Editor
David Arny, Writer
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Contributors: Stephanie Parker, Marlene Heavner, Doug White, Clare Barnett, Mikie Baker, Doris Doebbler, Jack Finger, Ed Longhurst, Bill Ellis, Bob Jamison and Jim Harris.

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The Bandera County Courier
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Items should be typed or printed and should include the name and daytime phone number of a contact person. Items submitted after deadline will be considered for that week's edition but may be held over for later publication. Photos should include information on the time and place of the event, as well as full names of people from left to right, front row to back.

Court articles from 2006 in the on-line Courier:

Former Pipe Creek resident scheduled for execution	Published Dec. 28, 2006
District Court November, 2006	Published Dec. 21, 2006
Do DWIs get welcome mat in Bandera County?	Published Dec. 14, 2006
November Grand Jury	Published Dec. 7, 2006
Alleged stalker in and out of jail	Published Nov. 9, 2006
Trial to start in child injury case	Published Oct. 19, 2006
District Court: September	Published Oct. 19, 2006
Kendall Co. nixes plans to divide 216th Judicial District Court Could Bandera County be left to fill the funding bag?	Published Oct. 5, 2006
Jury gives Gonzales death	Published Sept. 14, 2006
Grand jury reports July & August, 2006	Published Sept. 14, 2006
Jury to decide Gonzales' punishment phase	Published Sept. 7, 2006
Gonzales Convicted of Capital Murder of Bridget Townsend	Published Aug. 31, 2006
Child predator pleads guilty	Published Aug. 24, 2006
JP Precinct 3 retires	Published Aug. 17, 2006
County attorney refuses cases in Precinct 3	Published Aug. 17, 2006
May grand jury report	Published June 1, 2006
March grand jury report	Published April 20, 2006
Townsend murder trial delayed again	Published March 23, 2006
February Grand Jury	Published March 9, 2006
Local Judges attend seminar	Published March 2, 2006
Will a court divided solve our County’s problems?	Published Feb. 2, 2006
January grand jury indictments	Published Feb. 2, 2006
District Court Dec. 1, 2005	Published Feb. 9, 2006
Current court articles
Court articles from 2007	Court articles from 2005 & 2004

Former Pipe Creek resident scheduled for execution By Stephanie Day BCC Staff Published Dec. 28, 2006 Jonathan Bryant Moore    At one time Jonathan Bryant Moore lived in Pipe Creek and attended Bandera High School. He now lives on death row at the Terrell Unit of Huntsville in Livingston­north of Houston.     Death Row is a 10x60 concrete cell with a steel door, one six-inch by 48-inch wire-covered steel window and no television or air conditioning. Death Row inmates live in almost complete isolation. Some convicted killers spend 20 years on death row.     The shortest time on death row was served by an offender executed in 1996 after only 252 days. The longest amount of time on death row was 24 years, an inmate executed in 1999. The average time on death row is slightly more than 10 years.     The youngest offender executed was 24. The oldest was 66.     Jonathan Moore was 20 in January 1995 when he shot to death San Antonio police officer Fabian Dominguez, 29.     Moore and two accomplices had burglarized a home in San Antonio and were returning to steal more items when Dominguez spotted the three in the driveway. Pulling his weapon, he attempted to stop them. Approaching their car, Dominguez ordered them to get out. As the police officer advanced toward the car, Moore pushed the officer's gun away and shot him in the face with a .25-caliber pistol he had pulled as Dominguez approached.     Dominguez fell to the ground, helpless. Moore grabbed the officer's gun and shot Dominguez three more times in the head at close range as the officer lay there incapacitated.     A chase followed by other officers and after Moore was apprehended, he confessed to the murder. Usually a crime like capital murder follows a long history of lesser­and often escalating–offenses. Moore's conflicts with Bandera County law enforcement occurred while he was still a juvenile, thus no public records from Bandera County are available.     Moore was born in Fort Walton Beach, Fla. Prior to his arrest, he was employed in telemarketing. He had moved to San Antonio shortly before killing Dominguez.     Death row inmate Benjamin David wrote, "death is not feared by most on death row because it is the door to a better life." But while a group of death row inmates complain about inhumane treatment at the Polunsky Unit and have organized protests and hunger strikes, the Texas Department of Criminal Justice makes their own claims: that offenders receive recreation, a regular diet and have access to reading, writing and legal materials. Some offenders are allowed to have radios.     Those convicted and sentenced to death in Texas between 1819 and 1923 were hung. The electric chair, "Old Sparky" to inmates who built it, replaced hanging in 1923. Five offenders were executed by electrocution on Feb. 8, 1924. The last offender to be electrocuted was executed on July 30, 1964. A total of 361 inmates were electrocuted in the State of Texas.     The most notorious offender executed in Texas was Raymond Hamilton, a member of the "Bonnie and Clyde" gang. Hamilton and another man escaped from death row but were captured and returned. Hamilton was executed in 1935 for murder.     After capital punishment was declared "cruel and unusual punishment" by the U.S. Supreme Court June 29, 1972, there were 45 men on death row in Texas and seven who had been sentenced to death still being held in county jails. All of these sentences were commuted to life sentences and death row was empty by March 1973.     Later in 1973, a revision to the Texas Penal Code once again allowed for the assessment of the death penalty. Executions resumed Jan. 1, 1974. The first man put on death row after that and scheduled for execution committed suicide by hanging himself with bed sheets.     Lethal injections replaced the electric chair in 1977. Lethal injections usually take seven minutes to end a life. A lethal injection was used for the first time in 1982.     Close relatives and friends of the deceased victim were allowed to begin witnessing executions Jan. 12, 1996.     Texas has led the nation in the number of executions since the death penalty was reinstated. Texas, California and Florida have the largest death row populations.     Out of the current 390 on death row in Texas, four have ties to Bandera County.     Jeffery Lee Wood killed a convenience store clerk in January 1996 in Kerrville. His trial was moved to Bandera County.     Ramiro Hernandez's trial was moved from Kerr to Bandera County. Hernandez stabbed and killed a female jailer while waiting for his trial to begin for the 1997 murder of a man who lived on the Kerr-Bandera county line. Hernandez beat the man to death with a metal bar then repeatedly raped the man's wife at knifepoint.     Ramon Torres Hernandez abducted, robbed, sexually assaulted and murdered a 37-year-old San Antonio mother. He confessed to bringing two San Antonio teens to Lakehills in Bandera County and raping and murdering them. Their bodies were recovered but Hernandez never stood trial for those earlier murders since he had already been sentenced to death.     Ramiro Gonzales confessed, and was then convicted, of kidnapping, sexually assaulting, then killing Bridget Fay Townsend, 18, Jan. 15, 2001. He was serving a life sentence for the abduction and rape of another Bandera County woman when he confessed to the Townsend murder.     Paul Jackson, of Bandera, is serving a life sentence for shooting his wife to death after learning that she was having an affair.

District Court November, 2006 Published Dec. 21, 2006    During the Nov. 30 district court proceedings with 216th District Judge Stephen Ables, the following sentences were handed down:     Joe Vargas Valenzuela who had pled guilty to felony driving while intoxicated was sentenced to three years in the Texas Department of Corrections. Rather than jail time, Valenzuela was put on three years of probation and had his driver's license suspended for two years.     Charles O'Neil's probation for felony theft was continued along with fines and attorney fees. Tana Wright's probation for felony delivery of marijuana was revoked and she was sentenced to 18 months in the Texas Department of Corrections.     Luther Daniel Edwards Jr.'s probation was extended for another year and he was ordered to pay added court costs and attend DWI Intervention.     David Wayne McBryde had a year and additional court fees added to his probation for felony forgery.     Bettyann Marie Azevedo's probation for possession of a controlled substance was extended for one year and court and attorney fees were added.     Abbie Gail Redden's probation was continued for felony forgery and she was ordered to get treatment in a drug treatment facility.     Rogelio Cano Jr. was sentenced to two years in the Texas Department of Corrections on two separate counts of possession of a controlled substance, heroin. Both sentences were probated to three years each of probation, plus court and attorney fees.     Keith Shane Bulsterbaum received two years of deferred adjudication for possession of a controlled substance.     Tressie Diane Barnett Mooreland received three years of deferred adjudication for possession of a controlled substance.

Do DWIs get welcome mat in Bandera County? by Stephanie Day BCC Staff Published Dec. 14, 2006    More than 15 times the number of troops killed in the Iraq War have been killed in Texas over the 21 years by drunk drivers.     Texas lost nearly 44,000 residents between 1982 and 2003 in drunk driving crashes, an average of 2,000 a year­one every five hours.     So far, the Iraq War has left 2,902 dead and 21,921 injured.     Bandera County has lost six lives to drunken driving in the past five years.     Each alcohol-related traffic death costs an average of $3.3 million, a cost that fails to measure the grief and devastation of the families involved.     Lack of stiff prosecution for DWIs gives drunken drivers impunity and keeps them on the road.     For instance, Rebecca Alaquinez, 24, of Jourdanton died in October after four-time drunk driving offender Timothy Tijerina plowed into the vehicle she was driving. She left behind a 7-year-old daughter.     Tijerina was prosecuted for DWIs in Atascosa County three times and the stiffest penalty he received was two years probation. His second DWI cost him a $1 fine.     Drunk driving shatters lives.     Bandera County has suffered its share of devastating drunk driving crashes. A young boy spent Thanksgiving 1977 in a San Antonio hospital after the vehicle in which he and his mother were riding was hit by a 28-year-old Kerrville man who was driving drunk and fled the scene of the accident. The drunk driver had lost his driver's license from a previous driving while intoxicated (DWI) conviction.     Bandera County's most tragic traffic accident occurred Jan. 3, 1989, a three-car alcohol-related crash that claimed four lives. Three of the fatalities were members of the same family, Evelyn, Jerry David and Alex Maltsberger.     According to the most recent Texas Department of Safety records, Bandera County's 23 alcohol-related crashes in 1997 took two lives, injured 28 and caused property damage in six instances. Looking at alcohol-related traffic accidents in Bandera County from 1998 to 2001, discloses the following: 24 drunk driving accidents in 1998 resulted in 25 injured and five instances of property damage; 27 in 1999 resulted in 24 injured and eight cases of property damage; 24 in 2000 resulted in one fatality, 13 injured and 11 reports of property damage and 35 in 2001 resulted in three fatalities, 28 injured and seven instances of property damage.     While six lives have been lost in Bandera County from drunk driving over the past five years, another 118 individuals have lost money, vehicles, time from work, time from family and suffered pain and disability from drunk driving crashes. Drunk driving shatters lives.     Sadly, drunk driving crashes increase during holidays, particularly Christmas and New Year's. To its shame, Texas­one of the "Fatal 15" states–leads the nation in alcohol-related traffic accidents and fatalities. An average of 46 percent of all traffic accidents in Texas are alcohol-related, compared to 40 percent nationwide.     An alcohol-related crash occurs every 31 minutes in the United States, leading to 16,885 fatalities a year. Chances are good that two out of every five U.S. citizens will be involved in an alcohol-related crash during their lifetime.     Bedeviled by the tragic cost of drunk driving, the Courier investigated 45 DWI cases in April. County Attorney Kerry Schneider had lowered the charge in these cases from DWI to obstruction of a roadway, obstruction of a waterway or reckless driving.     The Courier's contention was that these lowered charges facilitated future DWIs by keeping the charge off the offenders' driving records and insurance premiums. And while a third DWI is prosecuted as a felony­the driver can continue to drive drunk with impunity when the charge is lowered to obstruction and does not go on the offender's record as a DWI.     When interviewed by The Courier, Schneider said that lowering DWI charges for a guilty plea is standard practice for her office and that she verifies the number of DWIs and prosecutes them as second and third offenses even if the first offense was pled down to obstruction.     The Courier investigated again. Armed with a list of DWI arrests from this year's sheriff reports, the Courier found more than 10 individuals, including Brad Tucker, who had been arrested for DWI 1st offense­when it was actually a second or third.     Jail Administrator Della Baker explained that this is not unusual. The arresting officer does not always have the time or resources to check previous records when making the arrest.     Sometimes DWI arrests are so close together that the first one has yet to be resolved.     The real story is found in the court records. The Courier did not find a single case where a DWI was prosecuted as a DWI rather than being lowered to a lesser charge where a successive offense was prosecuted as a first. The Courier found a number of cases­including Tucker's­where the charge of second or third was added after the initial arrest.     The Courier found one drunk driver who pled guilty to reckless driving in February 2002 after striking an unattended vehicle and was arrested and prosecuted this year for DWI, first offense.     One boating while intoxicated case was never prosecuted. That person was arrested in May this year for DWI, 1st offense.     Two other drunk drivers, both women, had several DWIs. Both had second DWIs that were prosecuted all the way through the court system as first offenses. One of those drivers, Sherry Jean Lacina, has now added a third DWI.     Researching these DWIs carried The Courier through a court-documented trail of alcohol-ruined lives: almost every multiple DWI offender had some to all of the following cases in their file­divorce, driving without insurance, driving while the license was suspended or invalid, furnishing alcohol to minors, family violence, public intoxication, reckless driving, theft by check and disorderly conduct. Drunk driving shatters lives.     Citizens of the United States own the legal freedom to ruin their lives with alcohol but they have no legal right to ruin anyone else's life by driving while drunk. Perhaps fewer obstructing the roadway charges and more DWI convictions in Bandera County would keep some of the alcohol-impaired drivers off the road.     No one wants the next alcohol-related traffic accident in Bandera County to involve their family.

November Grand Jury Published Dec. 7, 2006    The November 2006 grand jury passed down the following indictments:     True bills     Reggie Lynn Brown, possession of a controlled substance with intent to deliver and the possession of certain chemicals with the intent to manufacture a controlled substance;     Terry Paul Wells, possession of a controlled substance;     Myron George Lane, possession of a controlled substance;     Christopher Paul Mikkelsen, sexual assault;     Rhonda Sue Branchini, forgery;     Brian Andrew Limon, possession of a controlled substance;     Patricia Wall Miller, possession of a controlled substance;     Tony Lopez Olvera, possession of a controlled substance;     Justin Lee Toney, credit card abuse;     Michael Lee Gonzales, forgery;     Lisa Lin Phillips, felony driving while intoxicated.     No bills     William M. Anderson, possession of a controlled substance with the intent to deliver and the possession of certain chemicals with the intent to manufacture a controlled substance;     Lisa Joy Forsythe, possession of a controlled substance with the intent to deliver and the possession of certain chemicals with the intent to manufacture a controlled substance;     Michael Ray Estrellas, the possession of a controlled substance with the intent to deliver and the possession of certain chemicals with the intent to manufacture a controlled substance;     Raymond John Cox, the unlawful possession of a firearm by a felon.

Alleged stalker in and out of jail Published Nov. 9, 2006    Ernest James Lawson, 56, of Pipe Creek was indicted by a grand jury June 27 for allegedly stalking and harassing real estate business owner Babo Teich. Then he simply disappeared prior to Nov. 1 when he was arrested a second time.     Lawson was first arrested April 21 and spent two days in jail before he was released on bond. He failed to appear for his June 6 court date and a misdemeanor failure to appear charge was added to the felony stalking and misdemeanor harassing charges.     According to court documents, Lawson plagued Teich with "unwanted telephone calls and hang-up calls, unwanted correspondence, communications and gifts that the defendant (Lawson) knew and reasonably believed that the said F. Laverne Teich would regard as threatening bodily injury and death and cause the fear that an offense would be committed against her property."     Lawson is back out on bond. A pretrial hearing has been set for Dec. 19.

Trial to start in child injury case Published Oct. 19, 2006    A jury trial for Jeffery Michael Thompson, accused of felony injury to a child, is scheduled to begin Tuesday, Oct. 24, at 9 a.m.     Thompson was indicted by a June 27 grand jury for "shaking, throwing and tossing" five-month-old infant Dalton Oliver, "causing his head to hit the metal bed frame" and another object, unidentified by that grand jury.     The infant was airlifted to University Hospital May 23, 2005, and was subsequently diagnosed with two skull fractures and retinal bleeding. He was discharged from the hospital June 4 and sent home with a feeding tube and documented developmental delays.     Even with occupational therapy and physical therapy, reports indicate that the nearly 23-month-old child still cannot walk, talk or see. He is still receiving nourishment through a feeding tube.

District Court: September Published Oct. 19, 2006    The 216th Judicial District Judge Stephen B. Ables presided in the following cases in the month of September:     James Arthur Dale, 25, of Bandera plead guilty to the charge of possession of a controlled substance. Received three years probation, fined $100, and court costs of $331.     Leila Faye Slade, 25, of Bandera plead guilty to the charge of burglary of a habitation. Received 10 years probation, fined $500, court costs of $602, and restitution of $320.     Amy Lynn Tow, 19, of San Antonio plead guilty the charge of possession of a controlled substance. Received one year of probation, fined $500, court costs of $356, and 150 hours of community service.

Kendall Co. nixes plans to divide 216th Judicial District Court Could Bandera County be left to fill the funding bag? by Judith Pannebaker  View Staff Writer by Stephanie Day  Courier Staff Writer Published Oct. 5, 2006    It took Kendall County Commissioners less than 15 minutes to put the brakes on Bandera County's dream of a cleared district court docket, as well as substantially reducing taxpayers' dollars spent housing prisoners out of county.     Two solutions aimed at reducing the number of criminal cases currently log-jamming the docket of the 216th District Court in both Bandera and Kendall counties were placed back-to-back on the Sept 25 agenda of commissioners court. Taking different routes to the same destination were separate recommendations championed by 216th District Judge Stephen Ables and KC County Court at Law Judge William "Bill" Palmer.     By a unanimous decision, commissioners approved Palmer's suggestion to expand his court's judicial authority and allow him to hear state jail felony cases. They deemed it a simple and cost-effective way to alleviate an overcrowded district court docket. Under his proposal, the office of KC Attorney Don Allee would have authority to prosecute state jail felonies. Currently the Kendall County Court at Law and county attorney's office have jurisdiction over misdemeanors and civil and juvenile cases, including DWI, assault family violence and marijuana possession. Expanding the authority of the county court at law would allow Palmer to preside over state jail felonies such as unauthorized use of motor vehicles – aka "joy-riding" – some drug offenses, indecency with a child, burglary of a building and evading law enforcement officers with a vehicle, among other offenses.     Ables' solution to decongesting his docket was creation of a new judicial district comprised of Bandera and Kendall counties, currently lumped into the 216th District with Gillespie and Kerr counties. Adoption of his recommendation would have entailed that taxpayers in both counties be fiscally responsible for salaries and office space for support staff for a district attorney. The state would have paid the salaries of a new district judge and district attorney.     In the Feb. 2 edition of The Bandera County Courier, Stephanie Day interviewed County Treasurer Kay Welch, who indicated dividing the 216th District would have a definite financial impact on Bandera County. "All expenses now divided four ways would be cut in half," she said. "At present, we pay 16.67 percent of district court expenses. We would have to pay 50 percent if we divided." According to statistics compiled by Assistant KC Attorneys Suzanne Jost and Bob Eason, nearly half the district docket is made up of jail felony cases. The court received Palmer's request with enthusiasm, calling it a "‘no brainer' that doesn't cost the taxpayers any more (money) and will get the work done." In a related matter, the court also adopted a resolution requesting State Senator Jeff Wentworth and the newly elected representative of District 73 to introduce legislation in the 80th Texas Legislature that would amend the jurisdictions of both the Kendall County Court at Law and county attorney's office. During that discussion, County Judge Eddie John Vogt made a motion to appoint a committee that included representatives from the county attorney and sheriff offices and KC Judge-elect Gaylan Schroeder to continue dialogue with Ables regarding a new district court. However, Vogt's motion was defeated 3-2.     In an email, Ables commented on the court's decisions, writing, "The proposed legislation to give Judge Palmer jurisdiction of state jail felonies will be a big help. He is already doing a tremendous work with the civil, misdemeanor and juvenile dockets." He continued, "I have talked to the county judges about the population growth of the district and specifically the growth of the criminal docket and increasing jail populations. One potential answer to the problem is to split the district but I am open to other options. The key player in this matter is Bruce Curry as he is the most challenged by an inordinately large docket."     In the Feb. 2 edition, Day wrote about the proposed new district for the first time. According to Day, Ables had been previously quoted in the Kerrville Daily Times regarding the huge criminal dockets – that included felonies, criminal and divorce cases, contested elections and civil matters involving more than $200 – in both Bandera and Kerr counties.     Bandera County holds between 40 and 45 prisoners a day, most on felony charges that must be handled in district court, Day wrote. Due to the county jail's 15-bed capacity, most inmates must be transported to Comal County, which costs taxpayers $50 per prisoner per day, plus travel costs. Since it typically takes months for prisoners to come to trial or have their cases finalized, this causes a huge financial drain on the county, Day continued.     Kendall County has opted out of the mix; however, Bandera County still faces a clogged district court docket and draconian payments for housing prisoners out of county. What action can alleviate this county's already overstressed system is anybody's guess.

Jury gives Gonzales death by Stephanie Day BCC Staff Published Sept. 14, 2006 Patricia Townsend, 59, holds up a copy of the victim’s impact statement that she wrote for Ramiro Gonzales who received the death penalty for the kidnapping, rape and murder of her daughter, Bridget Fay Townsend, 18, of Bandera. Pat described her daughter as a kind person who enjoyed helping other people and was always ready to pass out hugs to lonely elderly people as she helped her mother clean their houses. “Bridget is an angel in heaven where no one can hurt her,” she wrote. “But hell is for you because that’s where I have been living.”    After three hours of deliberation, a Hondo jury sentenced Ramiro Felix Gonzales to death Wednesday, Sept. 5, for the Jan. 15, 2001, murder of Bridget Fay Townsend, 18, of Bandera. Gonzales sat impassively, displaying no emotion as the sentence was read.     Gonzales’ family members, who turned out in force to support him on the last day of the punishment phase of the trial, burst into tears. Grandmother Frances Gonzales, who raised Gonzales after his mother abandoned him, sobbed, screamed and collapsed. She was transported to Medina Community Hospital by ambulance.     Townsend’s family members were also present when the jury passed down the death sentence. “I’ve waited four years for this,” mother Patricia Townsend, 59, said. “now my little girl can rest in peace.”     Pat Townsend read a prepared statement . “What do you say to someone who has murdered your daughter? My daughter was a wonderful person who loved life and didn’t like to hear anything bad.     “Ramiro, you were raised without a mother, so you of all people should know how important a mother is. I heard that my daughter begged for her life; that she wanted to see her mother. Why did you shoot my little girl?     “I would gladly have given my life for her. I didn’t even get to see her one last time. I have been to a lot of funerals in my life, but none where there was an empty coffin. Do you know that that feels like to stare at the coffin with no body and no one to look at for a last goodbye for my baby?     “Bridget is an angel in heaven where no one can hurt her. But hell is for you because that’s where I have been living.”     Assistant Attorney General Laura Baymouth told jurors, “we’re here to right a wrong that occurred on Jan. 15, 200l. Now you’ve heard of more wrongs.” She listed wrongs that were introduced during the punishment phase of the trial: stalking a young teen; an additional aggravated kidnapping and sexual assault; a high speed police chase that ended when Gonzales crashed the stolen vehicle; setting a mattress on fire in the Bandera County Jail resulting in a mass evacuation, and continuing ruckus in every jail facility in which he had been held since his 2002 conviction and life sentence for aggravated kidnapping and sexual assault.     Popps said that Gonzales had found pleasure in torturing animals and killing them, then watching their carcasses rot. She said he had found the same pleasure in killing Townsend and watching her body decompose. “The only thing standing between him and his next victim is your decision.”     Defense attorney Lisa Jarrett countered, “he’s done some horrible things. I told you there would be no excuse. If you look past the horrifying words (his written admission that he went back to watch Townsend’s body rot away), you can find remorse. He’s a whining, immature person, not a future danger.”     Jarrett reminded the jurors of Dr. Danenn Milan’s testimony that Gonzales had been abandoned by his mother, never had the chance to get to know his father until he met him behind bars in the Medina County Jail and was a “severely damaged young man.”     Jarrett said that death by lethal injection was horribly tragic and would not give Bridget back to her mother. “I’d rather be fighting for his life than asking you to kill him.”     Popps responded,“he had loving grandparents who taught him right from wrong…the defense team’s own witnesses proved he had a support system, caring grandparents and every opportunity to do something positive with his life. A mom is the person who loves and raises a child. That’s what his grandmother did. This is not an abandonment issue.     “We’re not the murderers. We know who the murderer is in this room.”

Grand jury reports July & August, 2006 Published Sept. 14, 2006    The following true and no bills have been issued by the Bandera County Grand Jury this year to date.     July:     True bills:     Luis Alfonso Castillo, felony driving while intoxicated;     John Michael Schneider, felony evading arrest;     Marcos Castro Jr., possession of a controlled substance;     Morris Allen Cherry, aggravated assault;     Karren Lynn McClain, forgery;     Michael Oliver Gaylord, forgery;     Kenneth Neil Shelton, felony criminal mischief and burglary of a building;     Bill Sharp, possession of a controlled substance;     Peter Gard Coyne, aggravated assault;     Philip Eugene Thomas II, burglary of a habitation;     James Aaron Peavy, possession of a controlled substance;     Monica Louise Melton, abandoning a child;     Ernest Pardo, felony driving while intoxicated;     Amy Lynn Tow, possession of a controlled substance.     No bills:     Tana Lynn Wright, burglary of a habitation;     William M. Hutchison, aggravated assault.     August:     True bills:     Crystal Kay Clark, felony driving while intoxicated;     Jimmy Mitchell Martinez, two counts of aggravated assault with a deadly weapon;     Tana Lynn Wright, burglary of a building;     Jason Grant Morrow, burglary of a building;     Lonnie Charles Burleson, failure to comply with a sex offender registration;     William David Slade, three counts of burglary of a habitation, enhanced.

Jury to decide Gonzales' punishment phase by Stephanie Day BCC Staff Published Sept. 7, 2006 Bridget Townsend    A nine-women, three-men Hondo jury continues to hear closing arguments in the punishment phase of the capital murder trial of Bandera native Ramiro Felix Gonzales this week. He could get the death penalty.     The Hondo jury convicted Gonzales of the capital murder of Bridget Fay Townsend, 18, of Bandera Aug. 25 after approximately 35 minutes of deliberation.     Gonzales was already serving a life sentence for the aggravated kidnap and sexual assault of a Bandera businesswoman when he confessed to the murder of Bridget Fay Townsend, 18, of Bandera.     Gonzales kidnapped Townsend at gunpoint, raped her, then shot her while she begged for her life. Gonzales confessed to the murder on Oct. 1, 2002, after being found guilty in the aggravated kidnapping and sexual assault of another Bandera woman. Gonzales admitted that he killed Townsend to keep her from testifying against him after she caught him burglarizing her boyfriend’s home in Wharton’s Dock. The trial was moved to Hondo because after Gonzales led law enforcement officials to the decomposed body of the missing teen it was determined that the crime scene was across the Bandera County line in Medina County.     The deciding factor that shocked jury members into the guilty verdict was Gonzales admission that he “went back almost every day” to the crime scene “to see the body rot away.”     The deciding testimonies in the punishment phase that determines whether Gonzales spends life in prison or receives the death penalty will likely be that of two star witnesses, local real estate business woman Babo Teich for the prosecution and Dr. Danenn Milan for the defense.     Jurors sat riveted while they listened to Teich’s testimony of how she was kidnapped and raped at knifepoint by Gonzales, and how she managed to escape before he returned to kill her. The cabin where Teich was held and sexually assaulted was within half-a-mile from the location where Gonzales had raped and shot Townsend.     Other testimony pointed to Gonzales’ repeated bad behavior while in custody and to a stalking episode involving a young teen prior to his arrest and conviction for aggravated kidnapping and sexual assault. Gonzales threatened to kill the mother after the mother intervened to keep her young daughter away from him.     Jurors listened spellbound, however, as Teich—the living victim of Gonzales’ rage—took the stand Wednesday, Aug. 30, and recounted the chilling facts of her harrowing experience.     Teich told of being forced from her office at knifepoint, bundled into her truck and commanded to drive toward the Middle Verde Ranch, where Gonzales had spent his entire life. With knife still at her throat, Teich attempted to stop at the Bandera Gun Club for help. When she tried to jump from the moving vehicle, Gonzales grabbed her hair and pulled her back.     Once at the remote 1,100-acre ranch, Gonzales duct taped Teich and stole money from her purse. He forced her into a hunter’s cabin, cut her clothes off with his knife and raped her. Then he stuffed her into a closet and drove away in her truck.     Teich fought her way out of the closet and managed to cut the tape that bound her hands. Unable to locate her clothes, Teich wrapped up in a sheet before beginning a six-to-eight-mile trek to find help.     It was dark and some three hours after her ordeal began when Teich finally found help and made it to the Bandera County Sheriff’s Department. She was transported by ambulance to Methodist Hospital.     After listening to Teich’s gripping testimony, jurors were shown pictures of the injuries Teich sustained during her abduction and escape. Teich traced her escape route on a map and pointed out the location of the cabin where she was held hostage, a cabin only a short distance from where Townsend’s body was later found. Teich said she thanked God for helping her escape before Gonzales came back to kill her.     The defense presented their star witness on Tuesday, Sept. 5. Neuro-psychologist Dr. Danenn Milan, one of only 36 certified neuro-psychologists in the State of Texas with 22 years of experience in brain-behavior relationships. She testified that she had conducted a 10-hour exam on Gonzales and interviewed all members of his family. She said that in all her years of experience with CPS, Gonzales’ mother, Julia, was the worst mother she had ever encountered. “His mother didn’t want him and tried to abort him twice. She was on drugs al the time she was pregnant. After he was born, she called her parents to come pick him up and take him home from the hospital.”     Milan said that Julia rarely visited Gonzales and broke every promise she ever made to him when she did visit. After she married, her husband kicked and cursed the child, sometimes sending the toddler out away from home for up to two days at a time. No one ever went to look for him when he was missing.     Milan said Gonzales was sexually abused from age 5 to 12.     “His favorite aunt—the only one who ever hugged him or said she loved him—spent quality time with him drinking beer, smoking pot and snorting coke.” The doctor testified that Gonzales had largely “raised himself” and had the maturity of a 13-14 year old. He dropped out of school in the eighth grade. When he was 12, he fathered a daughter with an older teen, a daughter that he was never allowed to meet or see. He never met his own father until he met him in the Medina County Jail after being charged in Townsend’s murder. Milan described Gonzales as a paranoid loner with an attachment disorder. She called his constant threats against other people and the ruckus he had raised in both Bandera and Medina county jails “trash talking” to cover up his insecurity. “He’s a very damaged young man.”     She added that his tragic background was “no excuse” for killing Townsend. “We are all responsible for our behavior.”     Milan said Gonzales was a talented artist who could have a future. That, she said, would be up to the jury.

Gonzales Convicted of Capital Murder of Bridget Townsend by Julie Whitmore BCC Staff Published Aug. 31, 2006    HONDO--After a three and one-half day trial, a Medina County jury Aug. 25 found Ramiro Felix Gonzales guilty of capital murder for the robbery, aggravated kidnapping, rape, and murder of Bridget Fay Townsend of Wharton's Dock.     The verdict, which could result in the death penalty, came five and one-half years after the 18-year old Bandera native disappeared, and almost four years after Gonzales confessed to the crimes.     “I’m very, very happy with the verdict,” Bridget’s mother, Patricia Townsend, said outside the courtroom. “I want to thank the jury and all the people who came here to support me.” Presiding Judge Antonio G. Cantu, senior judge of the 38th District Court, instructed the jurors, three men and nine women, to strictly avoid any discussion of the case until the punishment phase of the trial is concluded. It began Tuesday, Aug. 29.     The state’s case against Gonzales focused on evidence, including forensic and witness testimony, corroborating his confessions. “An admission of guilt standing alone is not sufficient to convict” a defendant, Judge Cantu said in his charge to the jury. “A confession is not enough,” attorneys for Gonzales repeated throughout the proceedings.     Townsend, then 18, disappeared from the mobile home she shared with Joseph Leal, a store manager for Eckhart’s Pharmacies, on Jan. 15, 2001. An extensive search by, family and friends, the Bandera County Sheriff’s Department and others was fruitless.     Unexpectedly, Oct. 7, 2002, Gonzales, seeking to avoid being transferred from the Bandera County Jail to state prison, confessed to Townsend’s murder and led Sheriff James MacMillan to the crime scene, a remote area in the 11,000 acre Middle Verde Ranch that straddles Bandera and Medina Counties.     Subsequently, Gonzales gave several interviews to various news media.     Lead prosecutor Laura Popps, assistant attorney general, opened the state’s case by showing a video of Gonzales’ interview with KSAT Reporter Gina Gallavese televised on San Antonio’s ABC channel 12. In the interview he said he confessed because he “cried every night” and he wanted to help Bridget and her family. He said he dreamed about her nightly and that after the confession “she said she forgave me.”     Gonzales, who was present throughout the trial, did not testify. He appeared emotionless and quiet, occasionally whispering a comment to his counsel.     Under questioning, Gallavese said she found Gonzales’ demeanor to be “engaging and matter of fact,” and that he was “very articulate.”     The prosecution next called then-Bandera Sheriff James MacMillan, who said at first he didn’t believe Gonzales when he said he had information about Townsend. Gonzales told MacMillan he would show him where her body was if he were allowed to stay in Bandera two more weeks. (Gonzales had been sentenced to two concurrent life terms for the Sept. 3, 2001 aggravated kidnapping and rape of another Bandera woman.)     MacMillan described how, accompanied by Bandera Jail Administrator Della Baker, he drove at Gonzales’ direction to an isolated cedar brake well beyond the Middle Verde ranch “headquarters” buildings where Gonzales had lived his whole life.     What they found were skeletal remains, “just bones,” MacMillan said, scattered over 50 to 75 yards. The skull was intact except for a missing lower jaw. Loose teeth were found as well as those attached to the upper jaw. There was one piece of skin with hair attached, but it had deteriorated so that no DNA was recoverable. There were also pieces of clothing, jewelry and spent shell casings.     MacMillan said he did not remember any crying, dropping to his knees or other show of emotion from Gonzales, except “he may have bowed his head.”     Baker also testified to the scattered nature of the scene. “There was not anything all in one spot,” she said.     MacMillan said he thought it extremely significant that Gonzales “knew exactly where the body was.” Other witnesses stressed that “it is not an easy place to find.” Later a 40-minute video of the trip to the site was shown to the jury.     Medina County Chief Sheriff’s Deputy Randy Brown later estimated that the site is about one and three-quarters of a mile south of the Medina/Bandera county line. There are several hunting blinds in the adjacent area, and many shell casings were recovered.     The murder weapon was ultimately identified as a Remington Model 788 deer rifle using 243 caliber bullets, and introduced into evidence. It belonged to Gonzales’ grandfather, and was usually kept in the truck in which Townsend was abducted.     Townsend was identified through dental records. Dr. Marden E. Alder, who advised the Bexar County Medical Examiner’s Office on matters of forensic dentistry at the time, testified that the recovered teeth were an almost perfect match with Townsend’s dental X-ray records.         Skeletal remains went to the Bexar County Medical Examiner, where a precise cause of death could not be determined, according Dr. John Stash, a forensic pathologist. However, bone analysis indicated a female between the ages of 18 and 22 about 63 inches tall, he said. Clothing, jewelry and other items were sent to the Texas Department of Public Safety Crime Lab in Austin. Debora Roberts was senior DNA analyst and serologist there in October 2002 and conducted an examination of the clothes. There were shoes, a shirt, bra, jeans and sock fragments. No panties were ever recovered.     Roberts said she found no DNA belonging to Townsend.     Tim Counce, a forensic firearms and toolmark examiner for the DPS Crime Lab said that the DKNY shirt tested positive for lead in eight spots forming a linear pattern from one shoulder.     Although Gonzales first offered several different accounts of how he knew where the body was, including his assistance in a contract on her life by the Mexican Mafia, he eventually confessed in a taped interview at the Bandera County jail, Texas Ranger Skylor Hearn testified.     Gonzales went to the Leal/Townsend residence about 9:30 on the night of Jan. 15, to steal money or cocaine. He knew from a phone call earlier in the day that Leal would not be home. Gonzales was a customer of Leal’s, who is a convicted dealer. He took approximately $200 from a box of cash Leal kept in the closet. He then tied Townsend’s hands and feet, turned off the outdoor lights so that he would not be seen, and carried her to his truck.     Gonzales drove her to the ranch site, where he said he intended to shoot her so that there would be no witness.     Bridget Townsend repeatedly pleaded with him for her life, saying, “please don’t shoot me,” and begging for her mother. Gonzales said that she offered to have sex with him in exchange for her life. He took her back to the truck, unloaded the rifle, laid it on the hood of the truck where she could see it, and raped her. Then he reloaded the gun, dragged her from the truck, and shot her at close range.     He left the body on the ground, and drove back to his home.     Defense attorney Emmett Harris, of Uvalde, in his cross-examination of Hearn, questioned why the confession was not videotaped, and suggested that Gonzales was “cooperative and motivated.” “He solved the case for you, didn’t he?” Harris asked.     “He allowed the case to be solved,” Hearn replied.     As further corroborative evidence of Gonzales’ guilt, the state introduced a Medina County Jail mental health services call slip submitted by him in January 2003. The note was enlarged to poster size and displayed to the jury.     Lead defense attorney Lisa Jarrett moved for an instructed verdict of acquittal, on the grounds that no evidence was introduced for the sexual assault or the kidnapping.     Witnesses testified that there was no sign of struggle at the house. Townsend’s keys and purse were left behind. The lack of semen or other DNA evidence precludes the finding of capital murder, she said. Also, confusion about the location of the crime called into question jurisdictional issues. “All we have is a wavering handwritten line” showing the county boundary, with no supporting evidence, she said.     Judge Cantu overruled the motion, paving the way for closing statements.     “The reason we are here is that Bridget Townsend was brutally murdered,” Prosecutor Popps said in her closing statement. Gonzales “led her to believe she had hope” when she offered to have sex with him, Popps said. The absence of Townsend’s panties and the fact that the defendant repeatedly returned to the scene indicates “a sexual element” to the crime, she said. Her boyfriend, Joe Leal, “is still clearly heartbroken,” Popps said.     Leal, who was originally a suspect, testified that Townsend would never have left the house without informing someone. Others testified that Leal was distraught at her disappearance.     Jury deliberations were brief.     From Gonzales: “Reason is cause when I committed my homicide-capital murder, the ranger asked me how many times I went back to see what I did. I said one time but I lied. I actually went back almost every day to see the body rot away. After seeing the human body rot away well that little bitch won’t get out of my head. I don’t even want to sleep cause all I dream of is the rotting corpse.”

Child predator pleads guilty by Stephanie Day BCC Staff Published Aug. 24, 2006    John Francis Robben Sr., 32, of Pipe Creek pled guilty to three counts of the aggravated sexual assault of a child and four counts of indecency with a child in the 216th District Court Tuesday, Aug. 22.     Assistant District Attorney Lucy Cavazos said that a jury had been seated for Robben’s trial. After the jury broke for lunch, and before any evidence had been presented, Robben pled guilty.     Robben will be sentenced by District Judge Stephen Ables Sept. 28 following the completion of a pre-sentencing investigation. Meanwhile, Robben will remain in jail under a $1.5 million bond.     Robben’s victims were two seven-year-olds and one six-year-old, his own children. The children remain in state custody. Sheriff Weldon Tucker said the investigation into the sexual abuse of the children is ongoing and would not rule out further charges.     The investigation into Robben’s sexual assault on the children began after a concerned citizen approached Bandera City Police Chief Shane Merritt. Since the sexual assaults had occurred in the county, not the city, Merritt notified Sheriff Weldon Tucker.     Tucker praised his department—and the deputies involved—for the investigation and also praised Merritt for taking swift action after hearing from a concerned citizen. He said Robben would not be released from jail to put the community at risk between now and the Sept. 28 sentencing date.     Robben’s defense attorney was Marsha Anthony.

JP Precinct 3 retires by Stephanie Day BCC Staff Published Aug. 17, 2006    Not quite through with her four-year elected term as Justice of the Peace Precinct 3, Frances Kaiser of Medina has resigned as of Sept. 1. Kaiser says she is retiring to travel and spend time with husband Richard and her seven grandchildren and to finish her auto-biography, “Trials, Tribulations and Triumphs,” the story of how a Medina girl grew up to become South Texas’ first female sheriff.     Winning, from elections to life, summarizes Kaiser’s life. While serving three elected terms as Kerr County Sheriff, she beat cancer—and the equally tough battle of a woman stepping into the male-dominated world of law enforcement (“a Bandera County girl who became sheriff in redneck country—the first female in this area”). After her battle with cancer, Kaiser resigned her position as sheriff and rebuilt her life in her hometown of Medina. “I had been sheriff for so long (11 years) that it wasn’t fun anymore. I had just beat cancer and decided that I didn’t want to die in office. I knew there was more to life than being sheriff.” But while Kaiser released her position as sheriff, she found she could not release herself from helping people, so she ran for and was elected to the justice of the peace office. “I have enjoyed serving the people of Precinct 3. Performing marriages has been fun.” Kaiser has married approximately 50 couples. Many of their wedding pictures grace the walls of her office.     “I’ve enjoyed helping people work out their problems. I believe in treating people the way you want to be treated and in obeying the law. “For now my husband and I plan to travel pretty much full time while we are both in good health. But Medina is our home and we will continue to live in Precinct 3 and participate in the community. The Lord helped me beat cancer because He has a plan for me. I don’t know what the Lord has in store for me now, but I enjoy being involved with people and I enjoy politics. I think that’s my calling—to help other people.     “I feel good about the job I’ve done as JP. I believe I’ve worked with everyone with respect. To me, it’s important that elected officials be transparent and work together. It’s also important to follow the same laws we are charged to holding others to. For example, I don’t speed. I’m not going to judge speeding cases in my court if I break the speed limit myself.”     Kaiser refuses to speculate on future aspirations. She does not rule out running for an elected position. “I think sometimes elected officials forget that they are serving the people who elected them and are not in office for personal gain. It is important for everyone to work together and to have the training to know what his or her job is. I believe we need to bring professionalism and transparency to county government. We don’t need to be known as ‘Bantucket.’”     During her time in office, Kaiser’s case load grew from a number she handled by herself to one that required the hiring of a clerk. Now, she says, Precinct 3 averages between 40 and 50 speeding tickets a month, three to four civil cases, small claims, evictions and—one month—handled five inquests. The inquests, she says, are the hardest. “The good thing about being a JP in my precinct is that I know the people and can be there to console them when there is a death. That’s also the hardest part of the job. As JPs, we respond to unattended deaths, accidents and wrecks when someone is killed. We have to determine if an autopsy needs to be performed—for example—when we suspect alcohol involvement in a fatal car crash. I’ve had to handle three motorcycle accident deaths.     “JPs are on call every fourth weekend. We magistrate at jail and go to traffic or unattended deaths in every part of the county. Our job as JPs is to keep our personal feelings out, but still show compassion to the family members.”     JP Lynn Holt will handle cases in Precinct 3 after Sept. 1 until a new JP is elected.     Kaiser will be on the road with her husband, winning the new challenges that find her and finding people to help. She retired from the office of JP 3—not from life.

County attorney refuses cases in Precinct 3 Contributed Published Aug. 17, 2006    County Attorney Kerry Schneider sent Precinct 3 Justice of the Peace Frances Kaiser a letter Friday, Aug. 4, informing her that she will no longer prosecute cases in Precinct 3.     Schneider wrote, “This is to acknowledge receipt of notice dated July 28, 2006, from the State Bar of Texas that you have appealed the classification decision of the Office of the Chief Disciplinary Counsel. In light of your pending allegations against me it is not possible for me to serve as prosecutor in cases filed in Justice Court, Precinct 3.     “This notice is provided to you as a courtesy in order that you may take appropriate action pursuant to Section 45.03, Texas Code of Criminal Procedure.”     The section of law that Schneider quoted in the letter pertains to the formation of a jury. However, 45.031 states that if counsel for the state is not present, the trail can be postponed “to a date certain,” an attorney pro tem can be appointed or the case can proceed to trial in which event the justice or judge may examine the witness.     Kaiser said she had appointed attorney Eino Zapata to conduct trials in her court in Schneider’s absence. “I had already sent the letters out for court when I got Ms. Schneider’s letter one week prior to the scheduled pre-trials. There wasn’t enough time to notify everyone, so I appointed Eino.”     Kaiser said she can not comment on her allegations against Schneider because the case is under investigation. “All I can say is that by law, attorneys and judges must report if a law is broken. It was an incident in my court where I felt that Ms. Schneider had broken the law.”

May grand jury report Published June 1, 2006    The May grand jury returned the following true bills:     John Francis Robben Sr., four felony charges of indecency with a child;     Tracy James Jewell, felony driving while intoxicated with a child passenger;     Alan Paul Crosley, felony driving while intoxicated; Pedro Garcia Carlos, felony burglary of a habitation;     Wesley Elgin Myers, felony burglary of a habitation;     Leila Faye Slade, felony burglary of a habitation;     Rhonda Faye Perez, felony burglary of a habitation;     Christopher Michael Roth, felony aggravated sexual assault;     Andrea Dean Thiemann, felony forgery;     Joshua Benjamin Shannon, felony burglary of a building;     Jimmy Martinez, felony possession of a controlled substance with the intent to deliver;     Robert Oscar Gobert, felony possession of a controlled substance;     Candice Desirae Sutton, felony possession of a controlled substance.     The following charges were no billed:     James Aaron Peavy, hindering apprehension;     Zachariah Joseph Robin, burglary of a habitation;     Chadwick Lenar Smith, hindering apprehension;     Robert Jarrett Stevens, felony theft;     Peter Warner Roth, abuse of official capacity and theft;     Travis Aguilar, felony theft.

Grand Jury Report March grand jury results Published April 20, 2006    The March grand jury handed down true bills for the following felony charges; these cases will be handled through the 216th District Court. James Allen Payne, 46, of Boerne, for felony driving while intoxicated, third offense on Feb. 26;     Kenneth John Byrd, 42, of Devine for a Feb. 7 aggravated kidnapping with a firearm;     Stephen Richard McCord, 48, of Bandera for possession of a controlled substance and the possession of certain chemicals with the intent to manufacture a controlled substance;     Amy Melinda Vrana, 41, of Bandera for the possession of a controlled substance, methamphetmine;     Matthew Wesley Keating, 54, of Medina for felony driving while intoxicated, third offense;     Mary Lou Marques, 29, of Corpus Christi, for possession of a controlled substance;     Michael Lee Gonzales, fraudulent use of identifying information on Nov. 22, 2005;     William George Turkowsky, felony driving while intoxicated, third offense;     William David Slade, burglary of a habitation on Dec. 4, 2005.     No bills were handed down for Kenneth John Byrd, 42, of Devine for aggravated assault and for Matthew Wesley Keating, 54, of Medina for felony evading arrest.

Townsend murder trial delayed again by Stephanie Day BCC Staff Published March 23, 2006    The capital murder trial for Ramiro Gonzales, accused in the 2001 murder of Bridget Fay Townsend, has been delayed again. It was scheduled to begin on Monday, March 20 at the Medina County Justice Center in Hondo.     A spokesperson for the Attorney General's office said that Gonzales' defense attorney had not been certified as competent in the 38th Judicial District Court under Judge Mickey Pendleton.     As of press time, the date for Gonzales' trial had not been reset and no explanation was available on what steps his defense attorney needed to take to become certified.

February Grand Jury Published March 9, 2006    The following indictments were handed down by the Feb. 27 grand jury: Joe Vargas Valenzuela, felony driving while intoxicated; Gerald E. Sorensen, two counts of possession of a controlled substance; Peter Sonnier, burglary of a building; Robert Allen Smith, possession of a controlled substance, Abby Tate Connors, felony driving while intoxicated.     The following were handed no bills, meaning that they were not indicted: Raymond Dale Love for felony driving while intoxicated; Renee Christine Johnson for burglary of a building; John Aaron Rodriguez for aggravated sexual assault and aggravated kidnapping; Jon David Bailey for aggravated sexual assault and aggravated kidnapping.

Local Judges attend seminar Published March 2, 2006    Judge Herschel Moore, JP1 and Bobbie Jo Basinger, Pct. 2 were certified at the recent 20-hour Justice of the peace seminar held February 7 - 10, in Galveston. The seminar was sponsored by the Texas Justice Court Training Center, a division of Texas State University - San Marcos, with offices in Austin.     The seminar is one of six held for elected Justices of the Peace so they can fulfill their Continuing Judicial Education Requirement as set forth in Article 27.005 of the Texas Government Code.     The seminar addressed topics such as Judicial Ethics, Media Relations, Landlord-Tenant Issues. Advanced Juvenile Procedure, CDL-Traffic Law, Complex Contracts, Fines and Collections, Radar Case Law, Legal Analysis, Inquests, Civil Case Law Scenarios, Juvenile Gangs, Pre-Trial Civil Motions, Criminal Case Law Scenarios, Post Judgment Remedies, Computation of Damages, Rules of Evidence, Civil Mock Trial and Criminal Mock Trial.

Will a court divided solve our County’s problems? by Stephanie Day Published Feb. 2, 2006    Those who work within the court system in Bandera County agree that the system is clogged, cases are backlogged and rather than running fleet-footed, justice drags wobbly, weary legs to court sometimes arriving years after the offense is true billed by the grand jury.     One possible solution looming on the horizon would be dividing the 216th Judicial District. Bandera and Kendall counties, whose combined population hits the 50,000 mark, would be in a separate judicial district from Kerr and Gillespie counties. At present, all four counties comprise the 216th Judicial District.     216th Judge Stephen Ables has been out of town over the past two weeks but had been quoted in the Kerrville Daily Times in the past as saying that Bandera and Kerr counties have huge criminal dockets. He said both counties are growing and the dockets will continue to grow with the population.     District Courts handle felony, criminal and divorce cases along with contested elections and civil matters that involve more than $200. Bandera County holds between 40-45 prisoners a day, most on felony charges that must be handled in district court. Because the Bandera Jail has a 15-bed capacity, most of these inmates are sent to Comal County at a taxpayer cost of $50 per prisoner, per day, plus travel costs. It can take months for prisoners to get to trial or have their cases finalized. This results in a huge financial drain on the county and stress on the families sentenced to wait for justice.     Bandera County Judge Richard Evans said that officials from the 216th Judicial District have met once to discuss the possibility of dividing the districts. He said he doesn’t know that the fiscal impact would be for Bandera County but that he expects any change to be a couple of years down the road. Evans said all counties within the 216th district are growing. Bandera County has experienced a 1000 percent increase in caseload in over the past 10 years.     Evans explained the future process of dividing the district. "The county commissioners court in every county would have to agree. It would take legislation to modify and create a new district. Elections would be held for a judge and district attorney. Judicial districts are usually divided to keep the population at around 50,000. With Bandera County and Boerne, we have that. The case loads are stacking up."     District Attorney Bruce Curry agreed with Evans’ assessment. "The burgeoning case loads, particularly from Bandera and Kerr, are a problem. Surprisingly, Bandera has as almost as many cases and sometimes more than Kerr. One problem is that those who are incarcerated have to be tried first before those who have bonded out. So it can take months to years to get a case tried. Just having another prosecutor isn’t the answer because we would still just have one judge. We need another judge to help."     Assistant District Attorney Lucy Cavazos said she would miss Bandera County if the district were divided (she would handle Kerr and Gillespie counties) because Bandera is her favorite county. She agreed that with the heavy caseload dividing the districts would make sense. She said she believed it could be handled in a special legislative session and that it could be accomplished relatively quickly and in much less than two years.     After the four counties agreed to split the 216th District, Texas State Representative Carter Casteel would carry the request to the legislature. She said she is willing to do that. "That’s my job."     Casteel carried legislation last spring to split the judicial district for Comal County, the county that now houses Bandera’s extra prisoners. "The district judge and district attorneys would approach me and ask me to carry the bill to the legislature for them because it would benefit the system by providing swifter justice. I believe the governor will call a special session in April to fix the school finance problem.     "But at this time, I have no bill and nothing has been filed to divide the district. There’s nothing in the works right now."     The Texas judicial district started out with a division between the east and west, but by 1879, the Northern District of Texas was added. The Southern District was carved out in 1902. The federal courthouse in Galveston, still in use today, is the oldest federal civil building in Texas.     Bandera falls into the Western District, 92,000 square miles serviced by 13 judges. President Theodore Roosevelt signed a bill to divide the state into four judicial districts in 1902.     The Bandera County Courthouse was constructed in 1890 at a time when cattle ranching and driving longhorns down the Great Western Trail had slowed down and sheep outnumbered cattle as livestock investments. District court cases were light, often revolving around accusations of livestock rustling. Today, the 216th Judicial District serves a population of 105,855.     Medina, Real and Uvalde counties fall into the 38th Judicial District, serving a population of 68,277. Most four-county judicial districts link to populations of between 51,478 to 70,019.     Bandera County Treasurer Kay Welch said dividing the 216th district would have a definite financial impact on Bandera County. "All expenses would be doubled. They are now divided four ways. We pay 16.67 percent of the district court expenses now. We would have to pay 50 percent if we divided."     Ideally, if the 216th District were divided, Bandera County would also gain more in income from court fines and fees and justice would arrive at the courthouse early rather than late.

January grand jury indictments Published Feb. 2, 2006    The Bandera grand jury met on Monday, Jan. 30 and passed down the following true bills:     William David Slade of Bandera for forgery, organized crime, burglary of a building and burglary of a habitation;     Melvin Allen, of Bandera, organized crime, forgery and theft;     James Ponton, Kerrville, escape-he ran away from a work crew at Mansfield Park on Nov. 23 and called to turn himself in after a tussle with a raccoon along the banks of the Medina River at dusk;     Samuel David Pozzi of Lakehills for felony manufacture of methamphetamine, burglary of a habitation with the intent to commit a felony (the 216th Judicial Task Force helped with this arrest);     Terry Johnson of Jasper for possession of a controlled substance, methamphetamine, and illegal possession of a firearm (Constable Don Walters and Sgt. Jerry Johnson with drug dog Joe helped in this arrest);     Chantel Grant of Bandera for possession of a controlled substance, methamphetmine;     Franklin Smith of Bandera for a controlled substance, methamphetmine and felony evading arrest;     Gerald Sorensen, of Bandera, for two counts of felony evading arrest;     Walter Davies of Bandera for possession of a controlled substance, methamphetmine;     Larry Larson and Janeva Larson of Pipe Creek for possession of a controlled substance, methamphetmine;     Scott Schlindler of San Antonio for possession of a controlled substance, cocaine;     Barry Anderwald of Bandera for felony evading arrest.

District Court Dec. 1, 2005 Published Feb. 9, 2006    The Courier would like to apologize to its readers. During the Nov. and Dec. holiday seasons, we fell behind in covering the District Court cases. This column will bring us up to date.     At a December 1, 2005 session, 216th Judicial District Judge Stephen B. Ables handed down the following sentences:     • Jon Russell Thompson, 30, of Lakehills pled guilty to possession of methamphetamine less than one gram and was sentenced to five years probation and a $500 fine.     • Kevin Wade Bowen, 29, of San Antonio pled guilty to burglary of a building and was sentenced to five years probation and a $500 fine.     • Brandy Lynn Manciaz, 22, of San Antonio pled guilty to possession of methamphetamine less than one gram and was sentenced to three years deferred adjudication probation and a fine of $100.     • Brett Wayne Genda, 30, of Bandera, pled guilty to injury to a child and was sentenced to 10 years probation and a $500 fine.     • Roy Edward Lackey, 29, of Ingram, pled guilty to possession of methamphetamine less than one gram, and was sentenced to two years probation and a $500 fine.     • Susan Richardson, 51, last known address Cedar Park, convicted of habitual forgery, had deferred adjudication probation revoked, and was sentenced to 10 years probation and a $100 fine after repeated refusal to participate in a post-sentencing drug counseling program.     • Jimmy D. Campbell, 43, no known address, convicted of felony evading arrest, had deferred adjudication probation revoked and was sentenced to nine months confinement in state jail plus a $500 fine.     • Jackie Storms Stanford, 30, of Bandera, convicted of felony theft, had probation revoked, and was sentenced to 18 months confinement in state jail and a $250 fine.     • Larry Michael Kent, 33, of Smiley, convicted of forgery, was sentenced to 12 days confinement in Bandera County Jail and a $300 fine as well as continued probation.     • Deborah Lynn Touchstone, 47, of New Braunfels, convicted of possession of more than four grams but less than 200 grams of methadone, had probation revoked and was sentenced to five years confinement in state jail plus a $500 fine for refusal to complete drug treatment.     • Jesus Alonso Navarro, 19, of Bandera, pled guilty to possession of more than one gram but less than four grams of cocaine with intent to deliver, and was sentenced to two years confinement in state jail.     • John Paul Tippett, 28, of Kingsbury pled guilty to possession less than one gram of cocaine and was sentenced to five years deferred adjudication probation and a $1,000 fine.     • David Russell Roth, 42, of Pipe Creek pled guilty to possession of more than one gram of methamphetamine but less than four, and was sentenced to three years confinement in state jail.