Recounts planned for area 1-vote races
PRESIDIO and JEFF DAVIS COUNTIES — Samuel Sanchez, candidate for Presidio County Precinct 1 county commissioner, has filed for a recount after he lost the Democratic Party primary runoff on May 28 by one vote to Deirdre Hisler. That recount will take place on Sunday, June 16, at 10 a.m. at the county courthouse.
Candidates are allowed to watch the recount, or they may appoint a poll watcher who must be certified and go through training.
In Jeff Davis County, sheriff candidate C.W. Stephens lost by one vote to Victor Lopez in the Republican Party primary runoff on May 28. Stephens has filed for a recount, the Republican Party has canvassed the votes, but no date for a recount had been set by The Big Bend Sentinel deadline.
AG lets county keep most road records concealed in access lawsuit
PRESIDIO COUNTY — The Texas Attorney General’s Office has ruled that Presidio County doesn’t have to publicly release a host of documents from a period in the early 2000s when the county was going through various processes to define whether roads were public or private. The records may have been pertinent to a lawsuit between two plaintiffs — Maria Maurial of Austin and Jeff Fort III of the Pinto Canyon Ranch — who insist that the public road leading to their properties had been illegally gated off. Defendants Mary Baxter and Neil Chavigny of Marfa insist that the county road in question ends at their gate.
In March of 2023, Baxter and Chavigny roped Presidio County into the lawsuit, putting the burden on the county to prove that the road did not end at their gate. A district judge granted a summary judgment in favor of the plaintiffs and county in December stating that the road — Naegele Springs Road — is public and can not be gated. Baxter and Chavigny are considering an appeal.
Regardless of what happens with any further litigation, The Big Bend Sentinel continues to look into the details of the case and in January scoured through the Presidio County Old Jail and discovered several thick folders of paperwork from the period of the early 2000s through 2008 that seemed to be addressing a process of determining which roads are public and which are private — including discussion of a 2008 county road map that has, according to county officials, never been found. County Judge Joe Portillo did not let The Sentinel review the documents and instead consulted with outside attorney, Jim Allison, who refused to release them. Allison then requested an attorney general opinion after The Sentinel sent an official records request.
The attorney general’s office decision stated that some of the records could be withheld because they dealt with attorney-client privilege or attorney work product, and any records that dealt with pending litigation also could be reviewed to except them from disclosure.
Before that decision, Allison did eventually release dozens of pages to The Sentinel originally withheld; most dealt with roads near Casa Piedra and access to Big Bend Ranch State Park, with no mention of Naegele Springs Road. The attorney general’s office also instructed Allison to release three more pages that didn’t qualify for an exemption from the law; those consisted of a June 12, 2000 Commissioners Court agenda including an agreement between the county and Presidio ISD on maintenance for two roads and a blurry map showing many of the county’s ranch names.
“The AG decision doesn’t surprise me because the county’s attorney was stating that these documents were related to litigation, which some could have been, and thus exempt from being public,” said The Sentinel Managing Editor Rob D’Amico. “And we’re grateful that some documents were released and that the county is trying to be careful. But it’s rather ludicrous that it took The Sentinel to find these records, which weren’t turned over in discovery in the litigation. Had they been, they likely would have become public.”
“The problem with this is the law itself that’s supposed to lean toward making everything public to prevent corruption,” D’Amico said. “Here we have exactly the opposite: hiding basic records of county deliberations some 20 years ago. Theoretically, any request we make on anything regarding county versus private roads could be shut down just because there is some potential for litigation. This makes reporting on public policy difficult, particularly since we don’t even know what are in the records being withheld.”
Redford woman still awaiting ruling in lawsuit against county for flood damage
PRESIDIO COUNTY — The Big Bend Sentinel previously reported that Redford resident Barbara Baskin is suing Presidio County for failure to maintain a detention pond on land above her home. The 12-foot-high pond wall burst in torrential rain last May, sending a wall of water smashing into her house.
Baskin filed the suit on October 31, originally against the county and the county’s road and bridge supervisor, Ruben Carrasco, but the plaintiff later dropped Carrasco from the suit. On March 3, 394th District Judge Roy Ferguson held a hearing in Marfa on a county’s motion to dismiss the case because it claims it has immunity under law from being sued over most infrastructure failures.
None of the facts about Baskin’s damages or the nearly two decades of county road and bridge employees working on the pond, water diversion, and a road were debated, since the hearing’s sole purpose was to address immunity. Baskin’s lawyer, John Sopuch, argued that an exception to immunity is found in case law when the damages are caused by “motor-driven equipment” — in this case backhoes and bulldozers. Counsel representing the county, Denis Dennis, said another case in Ector County contradicted the exception. Judge Ferguson concluded the hearing saying he would review the pleadings and issue a decision — one that is still pending.
Convenience West ends up as finalist, but not tops in James Beard Award ceremony
CHICAGO — Convenience West barbecue ended its run by remaining among five finalists for the prestigious James Beard Award for Outstanding Restaurant — with that award going to Langbaan of Portland, Oregon. The announcement was made Monday at the Chicago Lyric Opera.
Owner-operators of Convenience West are Mark Scott, Kaki Aufdengarten-Scott and Katy Rose Elsasser. Convenience West has previously been named to Texas Monthly’s Top 25 and Top 50 barbecue restaurants since its opening.
“When we opened in 2017, none of us could have imagined this is where we’d be today, we’re feeling grateful, amazed and proud,” owner-operator Mark Scott told The Big Bend Sentinel in April after learning that the restaurant had reached the finals. “We’ve worked hard to stay as consistent as possible over the years, and the hard work is paying off!”
For more on the awards, including a video of the awards ceremony, see www.jamesbeard.org.
Sul Ross bicycle rodeo to feature obstacle course, safety education
TRI-COUNTY — Bicycle riders of all ages and experience levels are invited to attend a free bicycle rodeo this Saturday, June 15, at Sul Ross State University in Alpine.
The event, 9 a.m. to noon, will feature an obstacle course and vendors. TxDOT and Alpine Police Department staff will be onsite guiding riders and sharing safety tips for bicycle road safety. (Enter at the Briscoe Entrance #2 by the Briscoe Administration Building.)
Riders should bring their bike, helmet, and water bottle. A limited number of bicycles, scooters, and helmets will be made available for use if attendees do not have them and would like to participate.
“Sharing the rules of the road and reminding both cyclists and drivers to watch for one another is critical in rural and urban parts of our district is important,” said El Paso District Engineer Tomas Trevino. “Creating awareness for cyclists and residents can make a difference.”
Fatal crashes involving bicyclists increased 28% from 2018 through 2022. In 2022 alone, there were 2,349 traffic crashes involving bicyclists in Texas, resulting in 92 deaths and 333 serious injuries. The top contributing factors in these crashes were driver inattention, failure to yield the right of way, and speeding.
In the El Paso District (six counties) in 2022, there were 52 traffic crashes involving bicyclists, resulting in two fatalities and four serious injuries.
Bicyclists have the same rights and responsibilities as drivers and can also be fined for violating traffic laws. They must obey all traffic signs and signals, including red lights and stop signs, ride in the same direction as traffic, use hand signals when turning or stopping, and yield the right of way. Cyclists must also have a white light on the front and a red light or reflector on the back of their bike when riding at night.