Staff Reports

DENVER – The independent claims officer within the Environmental Protection Agency – guided by the U.S. Department of Justice – made a decision on the administrative claims brought under the Federal Tort Claims Act in connection with the Aug. 5, 2015 Gold King Mine spill Jan. 13.

"After careful analysis, the claims officer concluded that the agency is not legally able to pay compensation for the claims," the EPA stated in a news release.

According to the EPA, when passing the FTCA, Congress wanted to encourage government agencies to take action without the fear of paying damages in the event something went wrong while taking the action.

"So the act does not authorize federal agencies to pay claims resulting from government actions that are discretionary – that is, acts of a governmental nature or function and that involve the exercise of judgment," the EPA stated.

The agency also stated that it was conducting a site investigation at the Gold King Mine under the Comprehensive Environmental Response, Compensation, and Liability Act, that work is considered a “discretionary function” under this law.

"Therefore, the circumstances surrounding the Gold King Mine incident unfortunately do not meet the conditions necessary to pay claims," the agency asserted.

However, those who have filed claims and whose claims have been denied may challenge this decision with the United States District Court within six months of the date of the denial.

Navajo Nation President Russell Begaye is expected to issue a statement on the matter sometime Friday afternoon. New Mexico Attorney General Hector Balderas called the EPA's refusal to pay as "reckless."

“New Mexico’s children, families and economy have already been devastated by the EPA’s horrific actions, and now the EPA is re-victimizing our state and the Navajo Nation with its reckless refusal to take full responsibility for the toxic Gold King Mine spill," he said "Our families and farmers rely on this water, and I will continue to aggressively pursue litigation to obtain justice for our culturally unique population and fragile economy.”

The EPA claims that it has taken responsibility for the Gold King Mine incident, including providing financial support, continued water treatment and monitoring, developing and implementing a permanent remedial plan for the broader mining region, and research to improve their understanding of how contaminants move through complex river systems.

Cops, Deputies Listen to Public’s Concerns

The Gallup Police Department held its second Coffee with a Cop community outreach event Jan. 9 at the Octavia Fellin Main Library.

Coffee with a Cop brings police officers and the citizens they serve together – over a cup of coffee and pastries – to informally discuss issues and learn more about each other, Lt. Roseanne Morrissette, public information officer with the GPD, said.

The most recent event brought out McKinley County Sheriff Ron Silversmith, McKinley County Undersheriff Paul Lucero, Gallup Mayor Jackie McKinney, City Councilwoman Linda Garcia, former University of New Mexico-Gallup instructor Martin Link – and a host of area people who happened to be randomly visiting the library.

“This is something that fosters a relationship between the community and residents,” Morrissette said. “There are no distractions in this kind of setting. In just looking at the numbers, I’d say it’s very successful.”

Morrissette noted that some 99 people walked through the doors of Fellin to attend the event. Most stayed long after the event was over, just to small talk and catch up on community news, Morrissette said.

She explained that most people went right into thanking the police officers on hand for the job they do everyday in protecting the public from crime.

Library Director Mary Ellen Pellington said four dozen donuts were served and several dozen cups of coffee were consumed – notable considering the cold outdoor temperature and early morning hours. The event started at 9 am and ended at 10:30 am.

“This was very successful and I hope we can do it again very soon,” Pellington said. “We had quite a few people. Some were already here and some heard about it through advertising or by word of mouth. Personally, I don’t think I’ve seen that many guns in one place and at one given moment.”

Barbara Stanley, a retired Gallup entrepreneur who used to run a 24-hour eatery on the city’s east end, said the event definitely stresses a sense of community. Stanley said cops used to come in to her eatery at all hours – something you don’t see much of in this day and age anywhere.

“I think every municipality, no matter the size, needs something like this,” Stanley said. “You know, this humanizes police officers. And that’s important when you look at what’s happening between communities in the world and police departments. I’m glad Gallup is doing something like this.”

Sgt. Francie Martinez, one of several Gallup officers that attended the event, said questions and comments from those participating ran the gamut. Martinez and Morrissette put together the event and promised more.

Martinez and Morrissette attended a training session last March in Hawthorne, Calif., to see how the event worked over there, the two said. The event started in Hawthorne and has taken off in communities around the U.S.

“It was mostly people thanking the GPD for what they do,” Martinez said. “But there were people with questions about patrol and about all sorts of things that we do.”

Ashtynn Samuels, 15, the reigning Miss Gallup High School, said she heard about the event via the Internet. She said attending it was worthwhile, even though it cut into school hours.

“It’s a chance to get to know the people who work at the police department,” Samuels said. “It’s a way to get to know the officers.”

Morrissette said the last Coffee with a Cop event was held at Angela’s Café in October 2016. She said the event idea initially took flight with former Gallup police chief Robert Cron and deputy chief John Allen, and was picked up by current police chief Phillip Hart.

By Bernie Dotson
Sun Correspondent

By Bernie Dotson

Sun Correspondent

The body of an unidentified white female was found on the west side of Gallup Jan. 11, near an open field and between the TA truck stop and County Road 1, officials said.
Capt. Miranda Spencer, public information officer with the Gallup Police Department, said a passerby discovered the body at around 7:30 am and called authorities.
“The person was deceased upon arrival,” Spencer said. “The investigation is ongoing.”Spencer said foul play was suspected in the situation, but declined to elaborate saying the case is still open.

Spencer did not give the age range of the deceased or say what type of condition the body was in. The location where the body was found is close to a commercial and residential area and near Gallup’s Greyhound bus station.

The dead body report is the first of its kind investigated by GPD in 2017.

There were less than a dozen cases of bodies found outdoors in Gallup last year, according to GPD statistics, and each person was ultimately identified.

A vendetta over some stolen weed and property reportedly led to a Sunday evening shooting at 702 Julie Ct., in the Mossman neighborhood.

Whatever ax Julian Richard Giron had to grind with the man that supposedly made off with his pot and things, was unleashed on someone else's home.

Giron, 18, fired twice at the home of Frank Diaz with a 12-gauge shotgun sometime after 9 pm that evening.

He was taken into custody Monday evening and booked for shooting at an inhabited building, shooting from a motor vehicle, criminal damage to property and three counts of aggravated assault.

And this wasn't Giron's first time at the residence.

Diaz told Gallup Police Department officers that Giron and a friend came by on Jan. 3 looking for his nephew who had recently visited him during the holidays. He noticed that one of the men had an expandable baton in his lap, and the other had his hands down low by his side. He told the men to leave, and as they drove off one yelled, "we're going to get the f-c-er," the arrest warrant report states.

Shortly after this incident Diaz installed a security camera on his property. So, when Giron pulled his latest stunt on Sunday, it was caught on tape.

Giron admitted to the shooting during his interview with police, and how he "wished someone was hurt." He also said that the weapon used for the shooting was at 209 W. Lincoln Ave. Police secured a search warrant, and found both the weapon and narcotics while searching the residence. No details were given on a type or amount of drugs found.

Giron is being held at the McKinley County Adult Detention Center on a $15,000 cash only bond