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DELTA COUNTY
NOVEMBER 7, 2012 VOL. 129, NO. 45
75¢
INDEPENDENT
www.deltacountyindependent.com
DA: Rage, not insanity, drove Yager BY PAT SUNDERLAND Managing Editor
Nathan Yager — neatly groomed, handsomely dressed — is not the picture of insanity many jurors were expecting when they were summoned to district court last week. Yet defense attorney Stephan Schweissing contends Yager was in a mental condition which rendered him legally insane when he murdered his estranged wife Melinda in January 2011. Through the process of jury selection early last week, attorneys for both sides provided glimpses of the defense that will be mounted in Yager’s trial, which continues this week. Jurors were probed about stress, about whether snapping under pressure is a sign of a mental disease or defect. By the end of the day Oct. 31, 12 jurors and three alternates had been selected and opening arguments were set for Thursday afternoon. Assistant district attorney Kerri Yoder opened the trial by introducing the jurors to Melinda Tackett Yager, who died shortly after her 35th birthday. Nathan Yager, Yoder stated, ran her down, beat her up and slit her throat numerous times. The Yagers had been involved in a bitter divorce and on the day of Melinda’s death — Jan. 7, 2011 — they had been in county court. Judge Sandra Miller denied Nathan’s request for a protection order and found his filing so frivolous she ordered
him to pay Melinda’s attorney’s fees. Instead of returning to his workplace in Delta at the conclusion of the hearing, Nathan drove to the home they formerly occupied in Paonia. He was spotted in that vicinity by a friend of Melinda’s, who conveyed that information to Melinda. Melinda, in turn, called Sgt. Shawn Sanchez at Paonia Police Department to alert him to the possibility that Yager was violating a court order preventing him from being on the premises. Melinda had also arrived back in Paonia by that time, and took a photo of Nathan behind the house at 1:01 p.m. Nathan felt he’d been “screwed over,” Yoder told the jurors. He was convinced Melinda, who was in the process of moving from the house, had taken his belongings as well. Yoder described how the tragedy unfolded, with Melinda’s two friends searching in vain for her. Sgt. Sanchez spotted Nathan driving from the scene in such a hurry he sped through a railroad crossing as the crossing arms were coming down. At 1:10 p.m., Nathan called his mother in South Dakota, telling her he had just killed Melinda. Julie Yager phoned a friend in Delta, who called 911. The information was conveyed to Sgt. Sanchez, who was standing in front of the Yager house on Delta Avenue. Fearing the worst, Andrea
Reedy took off on foot to locate Melinda. Following the railroad tracks, she found the lifeless body of her childhood friend lying in the bloodied snow. A couple of hours later Nathan surrendered to a police officer in Montrose, a man known to him as a former co-worker at a mine near Paonia.
sion of Transit and Rail. The application was successful. Bus service is planned to begin in early May 2013. There will be one round trip per day, seven days per week, originating in Durango about 6 a.m., arriving in Grand Junction by noon in time to connect with Greyhound and Amtrak services east and west. It would depart Grand Junction about 1:15 p.m., returning to Durango about 7:15 p.m. Buses will be equipped with wheelchair lifts, rest rooms, and storage compartments for luggage and freight. The intent is to provide the same level of service provided by Greyhound prior to September 2011, but limited to the Durango-Grand Junction segment of the original route. SUCAP is a large, independent non-profit organization based in Ignacio, founded in 1966 by the Southern Ute Indian Tribe and other stakeholders in the Ignacio community. SUCAP employs 160 people and has a 2012 operating budget of $6.2 million.
court the morning of Jan. 7; he called his mother within minutes of the murder. He was not insane on Jan. 7, she stressed. “What this is, is anger. It’s rage . . . this is domestic violence.” Schweissing said the trial is not so much about Melinda’s death, although it tugs on the YAGER TO A3
Photo by Pat Sunderland
Final push Texas Governor Rick Perry urged Delta County Republicans to “exhaust every avenue to win this election for America” at a rally at Republican headquarters Monday. He was joined by Congressman Kevin McCarthy of California, majority whip of the U.S. House of Representatives, and a number of elected officials from the Western Slope for a lastminute campaign tour. On Tuesday morning, county clerk Ann Eddins reported about 76 percent of Delta County’s active voters had already cast their ballots. About 84 percent of the close to 14,000 mail-in ballots had been turned in. “I believe we will have a record turnout for this election,” she said. County results will be posted at www.deltacounty independent.com as soon as they’re available Tuesday night.
Bus service to be restored Southern Ute Community Action Programs, Inc. (SUCAP) has been awarded $200,000 to restore bus transportation service connecting Durango and Grand Junction. The route will serve passengers in Durango, Cortez, Dolores, Telluride, Ridgway, Montrose, Delta and Grand Junction. The award was announced Wednesday, Oct. 31. Bus service will operate as part of Road Runner Transit, a SUCAP program division, operating under the name Road Runner Stage Lines. The Durango-Grand Junction is a segment of the longer Salt Lake City-Albuquerque route that was discontinued by Greyhound in September 2011. The Colorado Department of Transportation solicited applications for transit services, including what are called Inter-City Bus services (ICB) in early 2011. After consultations with stakeholders along the route, SUCAP’s board of directors approved submission of an application in May 2012, for Federal Transit Administration funds managed by CDOT’s Divi-
Yoder pointed to the jury instructions provided by Judge Charles Greenacre — instructions that define insanity as a mental disease or defect that grossly, demonstrably impairs a person’s perception or understanding of reality. Nathan has no psychiatric history, no mental health history, she said. He was able to represent himself in county
Golf course review falls short of expectations BY PAT SUNDERLAND Managing Editor
An operational audit of Devil’s Thumb Golf Club turned out to be a disappointing exercise for golf course manager Rob Sanders and city council members. But while several council members believe the $17,200 expenditure was a complete waste of money, Sanders said it hasn’t been a total loss. “I do not believe the city received its money’s worth,” he said at a recent budget workshop. The report generated by THK falls short of expectations, but he said it does provide some recommendations and a lot of facts and figures on the golf industry. The golf course review was intended to generate concrete ideas for increasing golf course revenue and reducing the annual transfers from the city’s municipal light and power fund — transfers that have ranged from $350,000 to
$500,000 every year. The review started in February and was completed at the end of May. The report has been revised eight different times, and councilmember Bill Raley said he has yet to see the final version. From the get-go, Sanders found it hard to swallow THK’s assertion that Devil’s Thumb revenue would jump by a third if THK’s recommendations were followed. The consultant confidently stated play would increase while at the same time recommending an increase in greens fees; that membership would grow despite an increase in membership fees; and that the golf course could be maintained with minimal staff. “It is just extremely unrealistic,” Sanders said. He is recommending an increase in greens fees and cart fees to take place gradually over the next three years. Season passes will go up gradually over
the next four years. He plans to break down large capital improvement projects into small ones without increasing current budget expenditures, and will continue to work with DOC crews to keep labor costs down. A number of recommendations made by THK to improve play and increase the number of rounds have already been implemented. Staff uniforms and an increase in the marketing budget from $10,000 to $20,000 are included in the proposed 2013 budget. Replacing the sand bunkers and improving the cart paths won’t increase revenue, so Sanders is putting off those recommendations for several years. The signage has been improved, the volunteer program has been restructured and the database has been expanded. “Many of the recomendations called for in the report GOLF COURSE TO A3
INDEX
Chamber director hired
West Nile wrap-up
Hunter killed on ATV
Accent ........................... A4 Activities ......................A11 Agriculture ...................A10 Back Page .................. C10 Church ............................C6 Classifieds ...................C1-2 Editorial ......................... A2 Legals ..........................C3-4 North Fork Times ........B1-4 Obituaries ..................... A8 School Zone ............... A6-7 Service Directory ......... C9 Sports ........................B9-12 Surface Creek News ...B6-8 TV Listings ..................C7-8
The Delta Area Chamber of Commerce has hired Kami Collins as chamber director. She begins her duties on Nov. 12. “We know that Kami will provide excellent leadership for the chamber and will continue the chamber’s work for the benefit of the business community,” said chamber president Gynee Thomassen. Five finalists were interviewed by the chamber board, all of whom were well qualified, Thomassen said. Collins stood out because she is well connected and well liked throughout the community, Thomassen added.
The Delta County Department of Health and Human Services reports a year-to-date total of 35 human cases of West Nile Virus and one fatality through the end of October, compared to one case and no fatalities in all of 2011. The age of victims was 17-87, fairly evenly split between males (16) and females (19). Cases were reported in all areas of Delta County — six in Surface Creek/Orchard City, 16 in Delta and 13 in the North Fork. Seven victims were hospitalized. The cases were reported between July 20 and Sept. 13.
A 68-year-old hunter from Monroe, La., was killed last week in an ATV accident near Stevens Gulch Road above Paonia. Alton Riser Jr. was hunting with a group of friends around noon Nov. 3. Delta County Sheriff Fred McKee reports he was attempting to navigate a very rough trail and as he was driving down a steep slope he lost control. His ATV rolled one and a half times, landing on top of the rider. An autopsy has been conducted to determine the cause of death, but Sheriff McKee says it appears to be nothing more than a tragic accident.