Delta County Independent - Issue 46

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50¢ Panthers host football playoff Saturday

Vol. 126, No. 46 — November 18, 2009

www.deltacountyindependent.com

See Sports on pages 1-3D.

Pow wow falls victim to budget ax

Yanish murder solved after 28 years

By Pat Sunderland Managing editor

See The North Fork Times on pages 1-4B.

Elimination of the Council Tree Pow Wow will save the City of Delta about $41,000 in 2010, but organizer Wilma Erven hopes the event will return in 2011. During a budget work session last week, Mayor Mary Cooper said the pow wow seems to have “outlived its cycle.” In 2008 the event generated $64,105; this year — its 15th — it dropped to $45,758 (before expenses). While rain was a factor, there seems to be a “been there, done that” attitude from area residents. “It’s time to give it a rest,” Cooper said. The three Ute tribes who have partnered with the city’s culture department were approached about cost-sharing the event, but Erven said she’s had no feedback. “There has been some discussion, but discussion doesn’t necessarily end up in action,” interim city manager Glen Black said. “I certainly don’t want to throw the pow wow out, but if we’re not getting support it makes no sense to keep it,” council member Guy Pfalzgraff said. Council members expressed the hope that the event can be revitalized and brought back in the future. “The diversity and beauty that it brought to Delta for all of these years was so inspirational,” commented Jo-an Barnett, a resident of Delta. “I think that Wilma Erwin, staff and volunteers should be honored for their long-term commitment to Delta’s signature event.” The City of Delta is anticipating a drop in revenue of about $650,000

Habitat for Humanity plans open house Habitat for Humanity of Delta County will be having an open house for the dedication of the completion of a house for Mary Saunders. The open house will be at 910 Bluff Street in Delta on Saturday, Nov. 21, from 12:30 to 3 p.m.

Priority H1N1 vaccine groups expanded The Delta County Health Department is expanding the priority groups who should receive the H1N1 vaccination. The group is expanded to include individuals 5-64 years of age who have chronic medical conditions; the previous group were limited to individuals 5-18 years with chronic medical conditions. Individuals in this group those with a chronic medical condition (immune suppression, chronic kidney disease, heart disease, HIV/AIDS, diabetes, asthma or other problems of the lungs, sickle cell disease, those on long-term aspirin therapy for chronic disorders, conditions that affect respiratory function including neurological conditions such as intellectual and developmental disability, cerebral palsy, spinal cord injuries, seizure disorders, metabolic conditions or other neuromuscular disorders). To schedule an appointment, call your physician at Cedaredge Doctors, Delta Family Physicians, Delta Pediatrics, Grand Mesa Family Practice, Internal Medicine Associates of Delta, North Fork Medical Clinic, Serena Smith MD, Stoney Mesa Family Practice and Surface Creek Family Practice. If your doctor is not listed above or you do not have a physician at this time, call 874-2177 for an appointment.

By Pat Sunderland Managing Editor

On Nov. 8, Stephan Small unlawfully entered the LeMaster residence west of Cedaredge. The LeMasters were able to apprehend Small until sheriff’s deputies arrived and took him into custody. During the early morning hours of Nov. 15, an unknown suspect unlawfully entered the home of Samantha Sanchez on 2100 Road in Orchard City. When the suspect realized that Sanchez was home he fled the residence. Deputies were able to track the suspect to two other homes in the area where he checked the doors but found them locked and moved on. The Delta County Sheriff’s Office is investigating the first degree trespass and asks that you contact them or Delta County Area Crimes Stoppers at 8748810 with any information concerning the identity of this suspect. The Delta County Sheriff’s Office reminds you to lock the doors and windows on your house and vehicle as many times these types of trespasses are committed where entry does not require breaking in.

Weekend Forecast

Clear Delta Nov. 10 .....65 Nov. 11 .....67 Nov. 12 .....67 Nov. 13 .....56 Nov. 14 .....39 Nov. 15 .....42 Nov. 16 .....41

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28 45 49 33 32 25 19

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Nov. 10 .....59 Nov. 11 .....57 Nov. 12 .....58 Nov. 13 .....50 Nov. 14 .....44 Nov. 15 .....35 Nov. 16 .....32

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39 50 47 35 27 17 20

by John Cairns

Accent ................... 4A Activities ................ 5B Agriculture ............. 6B Business ............. 7A Church .................. 5E Classifieds .......... 1-2E Editorial ................. 2A Fitness & Health . 6-8C

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Nov. 10 .....63 Nov. 11 .....66 Nov. 12 .....63 Nov. 13 .....56 Nov. 14 .....38 Nov. 15 .....35 Nov. 16 .....38

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Pat Sunderland/DCI

A work in progress Matthew Bohling muscles a large snowball into a “wall” of the fort he and friends built on the front lawn of his house on Delta’s 7th Street. Matthew, his sister Hattie and their friends, Caleb Bischof, Maia Bischof, Hannah Branson and Megan Branson, were delighted to wake to fresh snow both Saturday and Sunday mornings. Despite bright sunshine, remnants of the snow hung on through the first part of the week. Temperatures are expected to gradually warm up back into the 50s by the end of the week.

Helmick trial unfolds in Grand Junction

Unlocked homes, cars targeted by thieves

Date ............. H

over 2009, with about a third of that drop expected in sales tax revenue. After making widespread budget cuts, the city is counting on fund balances and municipal light and power transfers to cover the shortfall. That’s a dangerous trend, Black pointed out. ML&P is facing debt service and an increase in the price of purchased power, which will result in a “significant” drop in margins over the next five years. By 2014, Black estimates, transfers to the general fund, golf course and unemployment fund will send ML&P into a negative balance. The one bright spot is the rec center, which has a “healthy” fund balance and where revenue is anticipated to be $44,000 higher than expenses. Golf course revenues are up over 2008, but fall short of the budgeted goal for 2009. A transfer of $611,000 from the municipal, light and power fund will be needed to balance the budget for 2009, with another $544,717 anticipated for 2010. Cutting back the city’s flower program will result in the elimination of a seasonal employee, as well as a $4,000 savings in the cost of the flowers. The business enhancement program will not be funded in 2010, though Delta County Economic Development submitted a proposal for those funds. Step increases, merit and cost-ofliving raises have been eliminated for all city employees, though they will see an increase in benefits due to rising costs for health and vision insurance. The budget was to be reviewed a final time Tuesday, Nov. 17, prior to formal adoption by city council.

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by Bob Lund

Legals ................ 3-5D North Fork Times 1-4B Obituaries .............. 4C School Zone ......... 7A Sports ................ 1-3D Surface Creek .... 1-3C TV Listings ......... 3-4E

Alan Helmick, a former longtime resident of Delta, was described as lonely and vulnerable when he met Miriam Helmick, the woman prosecutors believe responsible for his murder in June 2008. Helmick, 62, was found on the floor of his Whitewater home, killed by a single shot to the head. Miriam Helmick was charged with the murder about six months later. She’s now on trial for first degree murder, attempted murder and 11 counts of forgery. Opening arguments took place at the Mesa County Justice Center last week, as 12 jurors and four alternates settled in for what’s expected to be a lengthy trial. Alan Helmick was born in Delta and graduated from Delta High School in 1963. After attending Adams State College, he returned to Delta where he owned Helmick Mortgage and pursued land development projects. He and his wife Sharon raised their children in Delta. Her death from heart disease in December 2003 sent Alan Helmick into depression, chief deputy district attorney Tammy Eret told the jurors. In January 2005, he met Miriam. A month later she had moved into his home; in June 2006 they were married. “Some people will tell you she was in love with him,” Eret said. “More people will tell you she was in love with his money.” Eret methodically outlined the state’s case against Helmick, describing how Alan, a man of integrity who always paid his bills on time, was suddenly faced with loans coming due, past due bills and credit cards that were maxed out — the cost, she said, of funding a dance studio, horse arena and the beautiful home he shared with Miriam. The signature on checks written on an account at American National Bank did not match Alan’s. Eret said a handwriting expert would testify that those checks — made to either Miriam herself or her business, Dance Junction — were signed by Miriam using Alan’s name. She allegedly removed the check

stubs as well, so no checks appeared to be missing from the ledger. Friends, family members and business associates had trouble contacting Alan; Miriam was ready with excuses about why he couldn’t come to the phone. In the last few weeks of his life, some family members began demanding to speak to him. When Alan complained of feeling ill, Eret said, family members suspected the defendant had a hand in the deterioration of his health. After his death, friends and family members were quick to tell law enforcement authorities they believed he was being poisoned. Alan recovered, but a strange incident occurred in Delta in April 2008. Alan and Miriam were in Delta to

complete a business deal when someone stuffed rags into the gas tank of their car and set the rags on fire. The scene was directly from “No Country for Old Men,” a movie Alan and Miriam had watched three days previously, Eret alleged. Miriam had reportedly retrieved a pair of sandals from the trunk, then went in to use the restroom, claiming she felt ill. That’s when Alan realized smoke was pouring out of the back of his car. Employees later reported the “overwhelming” odor of lighter fluid in the bathroom. DPD officers investigated the incident, but no charges were filed. It’s now late May, early June, Eret continued. Alan has survived a car fire, he’s feeling healthy, but the

bank is sending out registered letters about the pending loans. “It’s coming to crunch time,” Eret said. “Miriam is going to be exposed.” She spent a considerable time describing Miriam’s movements the day before Alan’s death and the morning of the murder itself. The day before, they had planned to drive to Delta to pick up Alan’s granddaughters for horse riding lessons. When daughter Portia called her dad to find out when they’d pick up the kids, Miriam said the lesson had been cancelled because the horse was ill. Portia demanded to speak to her father; Miriam said he had gone to Montrose for an appointment but planned to stop in Delta on his way See Helmick, Page 3A

County joins list of entities with medical marijuana moratoriums By Hank Lohmeyer Staff Writer

As of two days ago, medical marijuana dispensaries planning to set up legally under state law will, for the next four and a half months, be illegal if they set up shop in the unincorporated areas of Delta County. The Board of County Commissioners on Monday adopted an emergency resolution placing a temporary moratorium on establishment of the dispensary facilities. The emergency resolution took effect immediately upon adoption. In adopting the resolution, the Delta County Commissioners have joined a growing list of local governments around Colorado and in the county calling a halt to the unregulated spread of medical marijuana distribution points. A Colorado Constitutional amendment approved by voters in 2000 provided for the statewide legalization of marijuana used for medical reasons. All marijuana remains illegal under federal law. But an announcement earlier this year that prosecu-

tion for marijuana offenses would not be a priority enforcement issue with federal authorities has led to the recent explosion of new medical marijuana dispensaries opening up shop all over the state. The BoCC voted 3-0 in favor of the temporary moratorium that will expire on March 31, 2010. Like other communities, the county wants time to study the 2000 voterapproved amendment and the sometimes vague and incomplete regulations of medical marijuana that have been established by the Colorado Department of Health and Environment (CDPHE) Some of those regulations are so open-ended that the CDPHE does not track, license, nor regulate medical marijuana dispensaries. The CDPHE states the situation on its website, “The Colorado Medical Marijuana amendment, statutes, and regulations are silent on the issue of dispensaries. While the (CDPHE Medical Marijuana) Registry is aware that a number of such businesses have been established across the state, we

do not have a formal relationship with them. “Please be aware: The Registry does not license dispensaries. The Registry does not have a list of dispensaries. There are no regulations regarding dispensaries. The Registry is unable to assist with complaints regarding dispensaries. The Registry has no information on how to establish/operate a dispensary. “There may be local ordinances that might impact the operation of a dispensary. Please contact local authorities for specific information.” Two of the county’s specific concerns were spelled out by county attorney Brad Kolman at the commissioners’ Nov. 16 meeting. The first one is that people who grow medical marijuana either for their own use or for supplying “patients” are not regulated. Delta County Sheriff Fred McKee said that local law enforcement agencies are aware of a number of locations where medical marijuana is being cultivated in Delta County now. See Moratorium, Page 3A


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