NORTH FORK TIMES
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THE WEIGHT OF THE WORLD
YOUNG AT HEART
TAKE DOWN
Paonia foundry casts massive globe for Tulsa Rotary Club, 3B
Skiers age 50+ enjoy camaraderie on the slopes of Powderhorn, C7
Paonia tops competition at Delta Wrestling Tourney, B8
DELTA COUNTY
DECEMBER 14, 2011 VOL. 128, NO. 50
75¢
INDEPENDENT
www.deltacountyindependent.com
Yager stands by plea of insanity BY PAT SUNDERLAND Managing Editor
After more than two hours of testimony, Stephan Schweissing, the attorney defending Nathan Yager, conceded there is probable cause for Yager to be tried for second degree murder. He also renewed Yager’s previous plea of not guilty by reason of insanity. Judge Charles Greenacre presided at the preliminary hearing in Delta District Court Wednesday, Dec. 7. Yager is charged with the murder of his estranged wife Melinda on Jan. 7. Her body was found along the railroad tracks in Paonia, near the home she once occupied with Nathan. Sgt. Shawn Sanchez of the Paonia Police Department testified that Nathan reportedly “snapped” when he entered the home at 427 Delta Avenue — despite a restraining order — and saw his possessions had been removed. Sanchez obtained that information during a phone call with Nathan’s father in South Dakota. In the same conversation, which took place just moments after the tragic event, Nathan’s father told the sergeant he believed Nathan had killed Melinda. Nathan left Paonia and turned himself in to an officer at the Montrose Police Department shortly after 3 p.m., about an hour and a half
after the murder occurred. Collin Reese, an investigator with the Colorado Bureau of Investigation, testified how “blood evidence” was taken from Yager’s pants leg and boot, from his vehicle and from the scene of the crime. Those samples are still being processed, so district attorney Dan Hotsenpiller stopped short of definitively identifying the evidence as Melinda’s blood. Agent Reese said Yager’s boots were also taken into evidence because they appeared to match the “very distinctive” sole prints found around and underneath Melinda’s body. Melinda did not move after suffering “extremely” deep wounds to her neck. As Agent Reece expanded on the graphic details contained in the autopsy report, Schweissing objected. Judge Greenacre sustained his objection, saying the report speaks for itself. Reece did add that Melinda’s face showed signs of blunt force trauma, and that Nathan told the arresting officer to be careful with his left hand, because he thought it was broken. Also testifying at the preliminary hearing were two of Melinda’s friends. One had accompanied Melinda to a restraining order hearing in Delta earlier that morning; the other stayed behind in
Paonia but sent an urgent text message to Melinda when she spotted Nathan on the railroad tracks behind the house. Nathan had also been in Delta for the court hearing. Melinda and her friend were just entering Paonia when Melinda received the “911” text message. She immediately phoned the Paonia
Police Department. Sgt. Sanchez responded to 427 Delta Avenue, where he checked the windows and doors of the house, but found no evidence of entry. In the meantime, Melinda had driven up to the end of Rio Grande Avenue. She took off on foot, asking her friend to take the car and meet her back in front of the house on Delta Avenue.
The two friends met briefly, exchanged information with Sgt. Sanchez, then began searching for Melinda. During the search, Sgt. Sanchez received a phone call from Nathan’s mother, a call from South Dakota relayed by the dispatch center in Delta. He reportedly told the friend, “I don’t think this is going to YAGER TO A3
Photo by Dale Russell Smith
Moon over Grand Mesa Dale Russell Smith took this photo from his home on Cedar Mesa the morning of Dec. 10, as the moon set on Grand Mesa. A lunar eclipse occurs when the moon is positioned just right in its orbit to pass through the earth’s shadow. Another total lunar eclipse will not occur until December 2014.
School district accredited BY PAT SUNDERLAND Managing Editor
The Colorado Department of Education has released its annual district performance frameworks which gives Delta County Joint School District 50 an “accredited” rating. The district performance frameworks are designed to provide a snapshot of the district’s level of attainment on academic achievement, growth, growth gaps and postsecondary readiness based on ACT scores and graduation rates. Districts receive one of five accreditation ratings, the highest being accredited with distinction. That’s the goal for Delta County Joint School District 50, which was rated one level lower at accredited. This rating indicates the district approaches or meets statewide attainment on the performance indicators. Lower on the rating system are accredited with improvement plan; accredited with priority improvement plan; and accredited with turnround plan. Connie Vincent, director of assessments/curriculum for Delta County Joint School District 50, said this year’s
score of 68.3 percent actually dropped a bit from last year because year-to-year individual student growth slowed. Growth in the previous year was so high it was difficult to sustain, Vincent said. To be accredited with distinction, the school district will have to score 80 percent or higher. Vincent said two areas which have been targeted for improvement are high school math and composite ACT scores. “We’re hoping the new curriculum, where we’re teaching the same things at the same time, will help us zero in on what needs to be improved.” As the accreditation process moves forward, the school board will use the same criteria — academic achievement, growth, growth gaps and postsecondary readiness — to determine ratings for each school within the district. “Despite these tough budget times, we’re still experiencing a lot of success,” Vincent said. “Our teachers are doing the best they can with a lot less, because we all want to give our kids the best possible opportunities.”
City hopes to make regs more business friendly BY PAT SUNDERLAND Managing Editor
The City of Delta is backing off site development standards which were implemented at the height of a growth spurt, in the interest of making the city more attractive to new and expanding businesses. Community development director Glen Black reviewed the requirements for landscaping, architectural standards and paved parking during a work session Dec. 6. Discussion centered on regulations developers have found most “onerous.” Council members agreed with the developers on nearly every point, and instructed city staff to begin researching business-friendly alternatives. The first topic of discussion concerned a requirement that businesses landscape a certain percentage of their lot. The municipal code further specifies that the landscaping must consist of at least 80 percent living material (trees, shrubs and grass) and 20 percent “inert” material such as
gravel or paving stones. Black said many municipalities have shifted away from the 80 percent requirement because of the potential for water shortages. Council member Robert Jurca said he believes xeriscaping should be promoted, and Mayor Mary Cooper said she agreed, as long as it is attractive. Council member Guy Pfalzgraff said xeriscaping may not be any less expensive to install, but it should cost less to maintain. The code also specifies that landscape plans must be approved by a certified landscape architect, which also increases the cost to developers. Architectural standards are applied for commercial development along Highways 50 and 92 and Crawford Avenue west of 1800 Road. If council upholds architectural standards, Black said they should probably also apply to Confluence Drive, once it is completed. He then showed a series of slides illustrating how con-
trasting materials, contrasting colors and architectural elements have been required to avoid a “monolithic” look. After viewing buildings that were designed to those standards, alongside others which would be out of compliance if held to those same standards, council members agreed the standards should be less restrictive. “We’re just spending other people’s money,” observed Mayor Mary Cooper. “If we want to attract business, we need to get a little more friendly.” “It seems to me these regulations can be loosened up without turning it into a freefor-all,” council member Bill Raley said. Black said he would put together some ideas for council to review. A third major area of concern is a requirement that parking spaces and maneuvering areas be paved when six or more parking spaces are required. CITY REGS TO A3
INDEX
Toys pile up slowly
Fight ends with arrest
Energy audit planned
Accent ........................... A4 Activities ....................... A9 Back Page ................. D10 Bruin Tracks ................C3-6 Business ........................ A6 Church ..................... D6, C8 Classifieds .................. D1-2 Editorial ......................... A2 Legals ......................... D3-5 North Fork Times ........B1-5 Obituaries ..................... A8 School Zone .................. A7 Service Directory ........ D9 Sports ........................B5-10 Surface Creek News ...C1-7 TV Listings ................. D7-8
The Marine Corps Foundation Toys for Tots program plans to distribute toys to over 300 children this Friday, but is struggling to fill the toy boxes placed at many Delta area businesses. A giving tree at the Delta Area Chamber of Commerce also has many names. Area residents are urged to stop by the chamber office at 3rd and Main to select a name from the tree, donate a toy at area businesses, or make a monetary donation at www.toysfortots. org. Checks can also be mailed to 235 S. 3rd Street, Montrose, CO 81401. Please designate DELTA in the memo line.
James Moulton, 49, was arrested Dec. 7 after allegedly threatening his neighbor with a firearm, then hitting the man behind his ear with the firearm. The altercation occurred at about 7 p.m. at a trailer court on Rogers Mesa where Moulton and the victim, Kenneth Shockley, live. Sheriff’s deputies report both men appeared to be highly intoxicated. Moulton was charged with second degree assault, assault using a weapon, menacing, possession of an illegal weapon (a sawed off 12-gauge shotgun) and prohibited possession of a weapon due to alcohol.
An extensive energy audit of city facilities will be conducted by Ennovate. The $33,198 contract was awarded after interviews with three short-listed companies. The audit costs 30¢ a square foot and will cover city hall, waste water treatment plant, golf course clubhouse, golf maintenance building, museum, library, police department, Bill Heddles Recreation Center, ML&P, chamber building and senior center. Each facility has budgeted the money for 2012 for the project. Any projects identified for energy savings will require additional city council approval.