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SEASON FOR SHARING A legacy of caring for 20 years
TUESDAY, NOVEMBER 19, 2013
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Devil of a timeover basketballFind out how a coach is tougheningup ASU center Jordan Bachynski forfree-for-alls near the rim, and seewhat Coyotes player Keith Yandlewould be doing if he weren’t in theNHL. Find the Nov. 18 AZ tabletmagazine at AZ.azcentral.com.
BUSINESSShortage of big fresh turkeys:Without specifying why, Butterballsays it will ship out about half asmany fresh turkeys of 16 pounds ormore to retailers this season. B5
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District OKsbreak for AppleThe Gilbert school board votes 5-0to allow a tax break for Apple Inc.,which clears the way for the techgiant to continue plans for a manu-facturing plant in Mesa. Plans are forthe site to make sapphire-glass com-ponents for Apple products. B1
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WASHINGTON — PresidentBarack Obama is pushing toovercome obstacles to closingthe Guantanamo Bay prison,setting the White House on acollision course with Congressin its bid to loosen restrictionsfor moving out detainees.
Administration officials say
a Senate defense-policy billcoming up for debate withindays would allow them to moveout prisoners who have longbeen cleared for transfer over-seasbutare still held, inpartbe-cause of a complicated Penta-gon certification process. Thebill would ease those restric-tions and lift a ban on bringingprisoners suspected of terror-ism from Guantanamo to theUnited States for detention,trial or emergency medicaltreatment.
White House renews pushto move Gitmo detaineesObama: Prison toocostly to maintain
By Nedra PicklerAssociated Press
See GUANTANAMO, Page A3
Arizona’s rare wild wolvesmay get some extra room toroam under a newmanagementrule that federalofficialsarere-viewing at public hearingsstarting this week.
Mexican gray wolves cur-rently are confined to the BlueRange Wolf Recovery Area, an
area of about 4.4 million acresin eastern Arizona and westernNew Mexico. In Arizona, theU.S. Fish and Wildlife Serviceproposes allowing thewolves toestablish packs as far north asInterstate 40 and as far south asInterstate10.Under the propos-al, the agency would captureand return any wolves thatroam beyond those boundaries.
Defenders of Wildlife, a con-servation organization, fearsthat the decision to capturewayward wolves has already
Debate over plan to growgray-wolf habitat in Ariz.Species could roambetween I-10 and I-40
By Brandon LoomisThe Republic | azcentral.com
SeeWOLVES, Page A12
Experts: Hotstockmarketis still soundU.S. stock markets reachmajor milestones Monday asthe Dow Jones industrialaverage hits 16,000 for thefirst time, but experts down-play fears of a bubble. B5
A federal judge in Phoenixhas dismissed a negligence law-suit filed against the govern-ment by the parents of BrianTerry, the U.S. Border Patrolagent who was slain with aweaponfromthebotchedArizo-na gun-running investigationknown as Operation Fast andFurious.
In a ruling Friday, U.S. Dis-trict Judge David Campbell de-cided that, even if allegations inthe civil complaint that federalagents werenegligent andacted in viola-tion of policiesand proceduresare true, the law-suit aimed at theU.S. govern-ment and sevenfederal employ-ees is barred bylaw.
The Terryfamily’s attor-ney said an ap-peal is likely.
Kent Terry Sr. and his wife,Josephine, filed the $25 millionlawsuit after their sonwas slainin a December 2010 shootoutwithborderbanditsnearRioRi-co. Investigators discoveredthat the assailants were armedwith assault-style weapons thathad been purchased in a Glen-dale gun store monitored byagents of the federal Bureau ofAlcohol, Tobacco, Firearms andExplosives.
The Justice Department hadlaunched Fast and Furious in anattempt to identify and prose-
Suit overdeath ofagent isdismissedFamily claimed feds’negligence led to fatal2010 border shooting
By Dennis WagnerThe Republic | azcentral.com
Border PatrolAgent BrianTerry died ina shootoutwith bandits.
See BORDER LAWSUIT, Page A12
FAST AND FURIOUS
WASHINGTON, Ill. —When acluster of violent thunder-storms beganmarching acrossthe Midwest, forecasters wereable to draw a bright line on amap showing where the worstof the weather would go.
Their uncannily accuratepredictions — combined withtelevision and radio warnings,text-message alerts and storm
church damaged,” said GaryManier, mayor of Washington,Ill., a community of 16,000about 140 miles southwest ofChicago.
The tornadocut apathaboutan eighth of a mile wide fromone side of Washington to theother and damaged or de-stroyed as many as 500 homes.The heavy weather also bat-tered parts of Michigan, Wis-consin, Iowa, Missouri, Indi-
sirens — almost certainlysaved lives as rare late-seasontornadoes dropped out of adark autumn sky. Although thestorms howled through 12states and flattened entireneighborhoods within amatterofminutes, the number of deadstood at eight.
By Monday, another, moreprosaic reason for the relative-ly low death toll also came tolight: In the hardest-hit town,most families were in church.
“I don’t think we had one
SEVEREWEATHER
Advances in forecasting, alerts credited with saving lives
Wendi Gorney (left) greets Eunice Hausler in the remains of Hausler’s NewMinden, Ill., home on Monday. Dozens of tornadoes and intensethunderstorms swept across the U.S. Midwest on Sunday, killing eight people and flattening neighborhoods. ROBERT COHEN/ST. LOUIS POST-DISPATCH
EARLY WARNINGS ALLOWEDMANY TO FLEE STORMS’ PATHBy David Mercerand Don BabwinAssociated Press
8Number of people killed inSunday’s tornado-spawningstorms.
12States impacted by the violentthunderstorms and tornadoes.
See STORMWARNING, Page A3
A12 TUESDAY , NOVEMBER 19 , 2013 R1 THE AR IZONA REPUBL ICFROM THE FRONT PAGE
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cute cartel leaders by tracking weaponssmuggled from Arizona into Mexico.The controversial strategy, known as“gun-walking,” allowed hundreds ofguns into the hands of criminals, a factthat was divulged by whistle-blowers inthe aftermath of Terry’s death. The fall-out became a national furor.
Congressional inquiries into Fast andFurious led to the resignation of DennisBurke as U.S. attorney for Arizona andthe reassignment ofWilliamNewell, theATF’s boss in Phoenix.
PresidentBarackObama and the Jus-tice Department acknowledged the in-vestigative strategy was a mistake butdenied blame. Republicans in Congress,pressing for Justice Department rec-ords, issued a contempt citation againstAttorney General Eric Holder and con-tinue fighting for records in court.
Kent and Josephine Terry suedagentsandprosecutorswhoranFast and
Furious, asserting that theywereat leastpartially responsible for their son’sdeath. The family also called for crimi-nal charges against federal officials inthe case.
Campbell ruled that, regardless ofwhether there was government negli-gence or malfeasance, federal law andSupreme Court rulings ban such a com-plaint because Congress provided otherprotections for Terry’s survivors, in-cluding death benefits.
“The court recognizes that plaintiffshave suffered a great loss,” Campbellwrote, “and that any financial remedy islikely insufficient to redress their inju-ry.” Nevertheless, he added, the courtsmay not intercede where Congress al-ready has established compensationmechanisms for the death of an agent.
C. Lincoln Combs, the Terry family’slawyer, noted that Campbell’s findingswerebasedona jurisdictional issuerath-er than arguments as to the govern-ment’s culpability.
“Obviously, the family is incrediblydisappointed in this ruling, and we thinkit’s wrong,” Combs added.
Border lawsuitContinued from Page A1
been made to the detriment of the spe-cies’ long-term survival in the South-west. The group is pressing to have thatpart of the proposal dropped.
Hearings about the new wolf-man-agementproposals start today inDenverand continue this week in Albuquerqueand Sacramento, with ameeting in Pine-top on Dec. 3.
Wolves are fully protected as endan-gered species outside thewildlife-recov-ery area, but they are subject to official-ly sanctioned removals or shootingswithin it as a condition of their reintro-duction. The wildlife-recovery area en-compasses the Apache andGila nationalforests.
The reintroduced wolves— 75 in Ari-zona and New Mexico at last officialcount in January — descend from ahandful rounded up in the wild in the1980s, and inbreeding is a concern.
Establishing new populations wouldboth decrease the chance of a single ca-tastrophe wiping out all wild Mexicangray wolves and increase genetic diver-sity, advocates hope.
“If you want real recovery,” Defend-ers of Wildlife President Jamie Rappa-port Clark said, “then recovery is notcondemning wolves to one little arealeading into Arizona.”
Clark, a former Fish andWildlife Ser-vice director during the Clinton admini-stration, is seeking a meeting with Inte-rior Department officials over thegroup’s concerns about new capturerules in Arizona that it believes wouldimpose illegal restrictions on the wolf-recovery program.
The group points to a line from anAug. 1 letter from Arizona Game andFish Department director Larry VoylestoFishandWildlifeServicedirectorDanAshe, inwhichVoylessought languageinthe rule that wouldmandate the captureof stray wolves. Voyles referred to pre-viousdiscussionswithAshe“assuringusthat any Mexican wolf dispersing out-side the (established recovery area)would be captured and returned.”
Clark said, “If the Service made anagreement like that, it was way out ofline.” Itwouldrepresent“aconsciousde-cision to walk away from Mexican graywolf recovery, and I’d say that’s illegal.”
TheFishandWildlifeService’sSouth-westernregionsaidthattheagencycoor-
dinatedwith Arizona and other states ontheproposal and that there isnothingun-usual about that.
“As co-managers of the country’s nat-uralresources,”assistantregionaldirec-tor Charna Lefton said in an e-mail, “theService makes every effort to coordi-nate our actions concerning listed spe-cies with the affected state wildlifeagencies. Our management of the Mex-ican wolf is no different.”
The proposal isn’t a final rule, Leftonnoted.
“Weare committed to a robust public-engagement process for this proposaland we have recently extended the pub-lic comment period on the proposed rulefor a second time,” Lefton said.
Arizona Game and Fish spokesmanJim Paxon said the department wants tobesure theproposalmaintains thepolicyofrelocatingdispersingwolvesas there-covery zone changes.
“It is the department’s position andresponsibility to fully define manage-ment concerns and elements for discus-
sion in the (rule-making process),” Pax-on said.
Defenders of Wildlife said wolvesmust be allowed to disperse or even berelocatednorth of I-40 for thepopulationto reach safe recovery levels. The groupfavors letting wolves seek out new turfaround the Grand Canyon and in south-ern Utah and Colorado, but it fears thefederal agencyalreadyhaspromised the
states that won’t happen.“They need to infuse and bring in
more wolves,” Clark said. “They need tolook at additional recovery areas.
“There’s never been any doubt thatthe Grand Canyon can hold wolves.”
Cattle ranchers continue to opposeexpansion of the reintroduction pro-gram that began in 1998. The programoriginally envisioned 100 wild wolves.Biologists have said that was an arbi-trarygoalnotbasedonrequirementsofaself-sustaining population, butmany seeit as a limit.
“They have plenty of room and spacein theBlueRangerecoveryarea to reachthe goal (of 100),” Arizona Cattlemen’sAssociation Executive Vice PresidentPatrick Bray said.
Conflicts between the predators andranchers led government agents to huntthe wolves nearly to extinction last cen-tury, and Bray said conflicts are re-emerging now. Ranchers can live withwolves, he said, but within limits.
“We all fully understand it is the willof the public to have wolves on theground,” he said. “We can accept that,but let’s make sure we are able to con-tinue to operate our business.”
Maggie Dwire (center) of the U.S. Fish and Wildlife Service and Beth Wojcik (right) of theArizona Game and Fish Department release a female Mexican gray wolf into a holdingpen in eastern Arizona in April. MICHAEL CHOW/THE REPUBLIC
HEARING ONWOLVESThe public is invited to learn about themanagement plan and speak on it at aninformational meeting from 3:30 to5 p.m. Dec. 3 at Hon-Dah Resort-Casinoand Conference Center, Arizona 260,4 miles east of Pinetop.
The deadline for public comments isDec. 17. A ruling is expected next year.
For information on the Mexican graywolf program or to comment on pro-posals, go to fws.gov/southwest/es/mexicanwolf.
WolvesContinued from Page A1