The Battalion. (College Station, Tex.) 1893-current, November 09, 1990, Image 4

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Page 4
The Battalion
Friday, November9,
Austin family
of slain teen
files lawsuit
WaRED
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AUSTIN (AP) — The family of
an Austin teen-ager who was shot to
death by police has filed a lawsuit
asking for unspecified monetary
damages against the city and the of
ficer who did the shooting.
The lawsuit was filed Wednesday
by civil rights attorney Jim Harring
ton.
Arthur Martinez, 17, was shot in
the left side of the head and chest
Oct. 30 as police dispersed a group
of teen-agers who were using a .45-
caliber pistol for target practice in a
drainage ditch near a park.
Investigators said officer Tobias
Santiago fired the two shots at Marti
nez after the youth pointed a gun at
Santiago.
Martinez’ family contends that the
teen-ager did not have a weapon
when he was shot.
“Whatever it amounts to, it won’t
bring my son back,” the youth’s fa
ther, Armando Martinez, said. “I
want my son back, and I can’t have
him back.”
A Travis County grand jury is in
vestigating the case.
In addition to damages, the law
suit seeks a court judgment that the
defendants took Martinez’ life “un
constitutionally and without due
process.”
The coroner’s report showing that
the bullets entered the youth from
the side proves that Martinez was
fleeing from Santiago when he was
shot, Harrington said.
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“There has been, for a while, too
much excessive force used by Austin
police, and we hope this suit will be a
vehicle for change,” Harrington
said. “There is no reason to shoot
someone who is walking away from
you.”
Police have refused to release de
tails of the death.
NEXT week:
^ TAMU Dance Arts Society
PRESENTS
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CLASS
Sun., Nov. 11, 1990 7-8PM
268 Read
$lO/Couple for DAS Mem.
$ 15/Couple for NON DAS
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Republican losses hurt
future redistricting hopes
AUSTIN (AP) — The chair
man of the Texas Republican
Party says the elections dashed
GOP hopes of playing a key role
in 199rs biggest political game,
redistricting.
“Redistricting is going to be a
very a difficult process for Re
publicans,” GOP boss Fred Meyer
of Dallas said.
Voters on Tuesday placed a
Democrat, Ann Richards, back in
the Governor’s Mansion. They
left Democrats in control of both
houses of the Legislature, where
congressional and legislative dis
trict lines that will last 10 years
will be drawn next year .
“We had hoped to take a giant
step forward,” Meyer said. “In
stead, we only took a small step.”
The GOP picked up two
statewide offices for the first
time, agriculture commissioner
and treasurer. But neither have a
role in redistricting.
Bob Slagle, Texas Democratic
Party chairman, agreed that the
election’s outcome was good news
for his party.
“We needed the gover
norship, " Slagle said, addin g t hat
it means Democrats “won’t have
to quarrel with an unfriendly Re
publican governor over redistrict-
mg.”
The new boundaries will be
drawn based upon the 1990 cen
sus. Texas gained three congress
men, for a new total of 30. State
House and Senate lines also will
bedrawn.
Besides losing the governor’s
mansion, the GOP failed to make
up any ground in the Texas Sen
ate, where Republicans are out
numbered 23-8. In the House,
GOP losses on Tuesday put the
new Democratic majority at a
slightly larger 94-56. The margin
had been 90-60.
The GOP also was hurt by
Democrat Bob Bullock’s defeat of
Republican Rob Mosbacher in the
race for lieutenant governor.
Nerd House
by Tom A. Madison
fl
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State judge elections under fire by Justice Dept.
WALT DISNEY WORLD
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An Equal Opportunity Employer
AUSTIN (AP) — The attorney general’s office
said Thursday it will challenge the U.S. Justice
Department’s questioning of elections of 15 state
judges in new district courts around the state.
The Justice Department, in a letter to Texas
election officials Monday, challenged Tuesday’s
voting forjudges in 15 state district courts that
were created by the 1989 Legislature. It said the
elections may violate the federal Voting Rights
Act.
Assistant Attorney General John Dunne of the
Justice Department’s civil rights division, said 13
of the 15 new courts have the same geographic
jurisdictions as previously existing judgeships.
Mark Toohey, a spokesman for Texas Secre
tary of State George Bayoud, said the state
sought Justice Department clearance for the 15
elections last February. Under the Voting Rights
Act, elections changes must be approved by the
federal agency, he said.
After supplying additional information re-
feder; '
quested by federal officials, Toohey said, “We got
notice of their objection on Nov. 5, the day be
fore the election.”
Ron Dusek, a spokesman for Attorney General
Jim Mattox, said the state would challenge the
Justice Department in federal court in Washing
ton.
Dusek said the Justice Department is raising
the same question about possible racial discrimi
nation in these at-large judicial elections as were
raised in an earlier, major federal lawsuit against
Texas’ court elections.
In that case, the at-large election system was
challenged by opponents who contend it dilutes
the voting strength of minorities.
Although U.S. District Judge Lucius Bur
ruled against the state’s at-large system, the
U.S. Circuit Court of Appeals in New Orl(
sided with Texas. 7’he case currently is onaff
to the U.S. Supreme Court, Dusek said.
“It appears that the Justice Departmentis
ing to overrule the 5th Circuit Court of Appe*
Dusek said Thursday. “We’re going to files®
thing in Washington, in federal court, inordt
challenge the Justice Department.
“The winners (of Tuesday’s elections) staj
the bench unless a federal court says otherMf
he said. “But that court would have to be ay
that this whole question of how we elect
judges is before the Supreme Court.”
The judges in the 15 new courts were
pointed by Gov. Bill Clements after the i
Legislature created them.
TEXAS A&M UNIVERSITY
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