The Zapata Times 3/18/2015

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ZAPATA COUNTY

BORDER PATROL

BP arrest smuggler

Mexican citizen arrested in Zapata

Man allegedly intended to distribute 523 pounds of pot By CÉSAR G. RODRIGUEZ THE ZAPATA TIMES

An elderly man accused of driving a marijuana-laden, phony oilfield pickup was arrested recently in Zapata County, according to court records obtained this week. Wayne Howard Masters, 71, of Progresso, was charged via

criminal complaint with possess with intent to distribute 523 pounds of marijuana. The pot had an estimated street value of $418,400. Masters remains in federal custody. U.S. Border Patrol said one of their agents was patrolling at about 6:45 a.m. March 3 in the area of U.S. 83 and FM 2687 Road, a primary route for

northbound travel and a corridor often utilized by criminal organizations to move humans or narcotics, the complaint states. The agent then noticed a white Ford pickup pass his location. “(The agent) observed the truck was outfitted to look like and oilfield truck and was displaying the company Rock Wa-

ter Energy Solutions,” court documents state. Agents said the pickup appeared to be “unusually clean” given recent rains within the area. Oilfield vehicles are known to operate inside ranch lands in dirt and caliche roads. Vehicles are expected to be cov-

By CÉSAR G. RODRIGUEZ See SMUGGLER PAGE 11A

DENTON FRACKING BAN

OIL AND GAS VS. LOCAL CONTROL Most lawmakers favor state, not city, regulation By JIM MALEWITZ TEXAS TRIBUNE

As policy dilemmas go, the one triggered when Denton voters decided last fall to ban hydraulic fracturing in their city looked like a whopper: The oil and gas industry versus local control — two things Texas holds dear — in intractable opposition. There seemed little doubt lawmakers would weigh in upon their return to Austin. But four months after the North Texas city’s historic vote, top state lawmakers don’t appear to be scratching their heads. Petroleum is winning hands down, and local control appears headed for a beating. Several legislative proposals so far leave less wiggle room for Texas cities to regulate oil and gas production. “We need to restate that principle that the state has re-

Man charged with harboring immigrants

sponsibility to regulate the oil and gas industry,” said state Rep. Drew Darby, R-San Angelo, who chairs the House Energy Resources Committee. “I don’t know where people might have believed that the state was not going to assert fully its rights to regulate that.” Texas lawmakers this session have filed at least 11 bills that would discourage local governments from enacting or amending certain drilling rules. Meanwhile, those watching legislation on the issue say they haven’t noticed one proposal to bolster — or even support — local control on petroleum development. “We didn’t expect these to be just completely one-sided," said Bennett Sandlin, executive director of the Texas Municipal League. “Instead, they’re swinging for the fen-

See FRACKING PAGE 11A Photo by Dylan Hollingsworth | The New York Times

This Oct. 1, 2014 photo shows a hydraulic fracturing drill site in Denton, Texas. Denton sits smack dab in the middle of one of the nation’s richest reserves of gas, and a referendum to ban the gas-extraction process called hydraulic fracturing, or fracking, in the city has alarmed oil and gas companies.

THE ZAPATA TIMES

A Mexican citizen was recently arrested in Zapata accused of transporting immigrants from Zapata to Laredo for monetary gain, according to court documents obtained this week. A criminal complaint filed March 11 charges Benjamín Garcia Hernandez with bringing in and harboring illegal immigrants. The case was reported at 9:30 p.m. March 8. That night, the Zapata County Sheriff ’s Office called the Zapata Border Patrol Station regarding a human smuggling attempt involving a dark colored sport utility vehicle. Agents who responded to the call observed a dark Ford Explorer coming out of County Road and heading north on U.S. 83. Agents said they could observe multiple occupants inside the vehicle while a front passenger was ducking in an attempt to hide, according to court documents. Agents said the vehicle began driving erratically, changing lanes without signaling, swerving and speeding. The agent then activated its unit’s emergency lights to conduct an immigration inspection on the driver and its occupants. Records state the vehicle eventually stopped abruptly in the center turning lane of U.S. 83. Identified as the driver, Garcia Hernandez and the nine occupants allegedly admitted to being in the country illegally, according to court documents. All people were taken to the Zapata station for further processing. Garcia Hernandez stated he made arrangements with a man in Laredo to pick up immigrants near Zapata. Records show Garcia Hernandez expected a $1,000 payment for transporting the people from Zapata to Laredo. Two men held as material witnesses admitted paying $4,500 each to be smuggled to Houston, the complaint states. Both identified Garcia Hernandez as the driver of the Explorer. (César G. Rodriguez may be reached at 728-2568 or cesar@lmtonline.com)

STATE LEGISLATURE

Texas’ unusual grand jury system under new scrutiny By JUAN A. LOZANO ASSOCIATED PRESS

Photo by Jessica Kourkounis/Houston Chronicle | AP file

In this Oct. 10, 2005 file photo, Alfred Dewayne Brown, left, is seated next to defense attorney Robert Morrow, right. Brown was convicted and sentenced to death for the 2003 killing of a Houston police officer, but grand jury testimony shows a police officer who was included on the panel may have persuaded one of Brown’s alibi witnesses to change her story. Brown’s appeal is ongoing.

HOUSTON — Grand juries in Texas are chosen like no other place in the country. Rather than picking from a pool of randomly selected residents to hear criminal cases, judge-appointed commissioners are allowed to nominate prospective jurors under a system the U.S. Supreme Court has called “susceptible of abuse.” Now, more than four decades after federal courts stopped us-

ing a similar method, Texas is under pressure to make the shift amid criticism that its grand juries sometimes include biased members connected to the criminal justice system. With support from judges, attorneys and a prominent district attorney, the Texas Legislature is considering a set of bills that would end the socalled key-man system and allow only randomly selected panels to consider whether prosecutors have sufficient evidence to seek charges.

Supporters say the bills would help end the perception of an unfair grand jury process, while others warn a new system would make it more difficult to find grand jurors who have enough time to serve. “If we are going to have a workable criminal justice system, people are going to have to have confidence in all components of it,” said state Sen. John Whitmire, a Houston Democrat who sponsored the

See JURY PAGE 11A


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