The Bastrop Advertiser and County News (Bastrop, Tex.), Vol. 138, No. 96, Ed. 1 Thursday, February 7, 1985 Page: 1 of 24
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TEXAS
OLDEST
WEEKLY
NEWSPAPER
Bastrop JVbiiertisgr
LARGEST
CIRCULATION
IN
BASTROP
COUNTY
Microfilm Center, Inc.'
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Bastrop, Texas
Thursday, February 7, 1985
Improper use of funds charged in investigating Judy Edwards
Tom'T.J.’ Adams indicted
By Richard Goldsmith
Bastrop County Grand Jurors in-
dicted Precinct 1 Commissioner
Tom “T.J." Adams Tuesday on
charges of official misconduct
regarding the resignation of Judy
K. Edwards from the District At-
torney's office last December.
Jurors deliberated all day Wed-
nesday and for about three hours
Tuesday before reaching a de-
cision.
Special Prosecutor in the case,
Margaret Moore, said Adams was
indicted for using county funds
“with intent to harm Judy Edwards
to adversely affect her employmen-
f'as Investigator in the District At-
torney's office.
Edw ards resigned in December
after a special Grand Jury investi-
gation into her actions regarding
her son's trial on theft charges.
Edwards said Tuesday “I don't
have any comment at all."
Adams said “I’m not allowed to
make any comment other than I am
innocent of the charges." and he
referred all questions to his attor-
ney Bill White, of White and Alli-
son P C. in Austin.
White said he believes the final
decision on Adams guilt or inno-
cence will lie with the people of
Bastrop County who elected him.
"He's innocent of the charges.
The place to show that is in the
Courthouse. It's all going to come
out." he said.
Under Section 39.01 of the
Texas Penal Code, Official Mis-
conduct ... a public servant com-
mits an offense if, with intent to
obtain a benefit or with intent to
harm another, he intentionally or
knowingly (1) violates a law relat-
ing to his office or employment; or
(2) misapplies anything of value
belonging to the government that
has come into his custody or pos-
session by virtue of his office or
employment.
The charge leveled against
Adams is a third degree felony
punishable by two to 10 years in
prison and up to a $5,000 fine.
If convicted, he would have to
resign from office.
White, who is a former assistant
district attorney in Travis County,
said the law is “very ambiguous"
and that Adams' case exemplifies
the reasons that the framers of the
Constitution gave citizens the Bill
of Rights.
Adams went to the Sheriff s
office with his attorney and turned
himself in after his indictment. 21st
District Judge John L. Placke had
set bond at $10,000, but Adams
was released on personel recog-
nizance bond.
The charge involves a bill paid
from Adams' Road and Bridge
fund of between $750 and $20,000.
The money was allegedly used in
some way to harm Judy Edwards
in her position with District Attor-
ney Charles Penick's office in
some way.
Brazos County District Attorney
Bill Turner, the special prosecutor
who presented the Edwards' case
to the Grand Jury, said he was not
aware of any activity on Adams'
part. "I didn't know about it and
we didn't run into anyone do-
ing an investigation while we were
running ours." Turner said.
Edwards was not indicted after
Turner presented his case to the
Grand Jury'. But she resigned a few
day plater.
Adams was given 45 minutes no-
tice Wednesday to appear Grand
Jurors.
Commissioners Jerry Alexander.
Marvin Markert, Billy Davis,
former County Judge Clyde
Clardy, County Treasurer Doris
Oldfield and Edwards were also
called to testify.
Also called was**Eric Boynton,
Adams' former administrative aide
who resigned last month so that he
could devote more time to his bus-
iness, Eagle Security, and so that
he could speak out on political is-
sues more freely.
County Judge Jack Griesenbeck
was also called Tuesday morning
to testify.
The amount and exact purpose
of the bill that led to the indictment
have not been made public.
Bastrop District Attorney
Charles Penick said information
was brought to his attention that he
felt merited an investigation. He
took the matter to 21st District
Judge John L. Placke who agreed
to ask for a special prosecutor.
Last week. White labeled the in-
vestigation into his client a "nasty
deal " that "belongs on the Sports
Page under ‘political handball
comes to Bastrop County’.”
Tuesday he said "It (the inves-
tigation) wasn't an accident. Some-
one went to a lot ot trouble," but
he said "I'm not sure it matters for
what reason it started," playing
Continued on Page 8
Law officers searched for clues a year ago at wooded site
near FM 1704 where body of Vicky W harton (rear) was
found, stabbed to death. Investigators had numerous mo-
tives and suspects to check out but no firm evidence lead-
ing to killer’s arrest. Photo by .Allen Martin.
Wharton killing—
mystery won’ t die
By Richard Goldsmith
One of Bastrop County’s most nefarious crimes remains un-
solved and a murderer runs free a year after the body of 31 -year-
old Vicky Wharton was found lifeless on a little-traveled dirt
road Feb 6, 1984. -
Theories as to what caused the savage slaying of Ms. Whar-
ton still abound, but police are either stumped or they are not
disclosing any suspects or clues they may have.
Sheriff l.R. “Nig" Hoskias has pledged to work on the case.
His investigation has not begun yet because Sheriff s deputies
have been too busy during Hoskins first month in office.
Davis Lewis, now investigator with the District Attorney’s
office, but then the Sheriffs investigator, said the case has been
worked.whenever a new lead turned up. "Right now there's
nothing new," he said. Lewis termed it “a good ole whodonit"
and vows that "it Will be an active investigation until it breaks."
Rumors that police had suspects, but couldn't prove anything
have abounded The case also wound up where it didn't be-
long — in the midst of the politics surrounding the race for
Sheriff last year — and was the subject of numerous stories of
departmental conflicts between then-District Attorney Investi-
gator Judy K. Edwards and the Sheriffs Department.
Several clues in the case stand out. One is the apparent will-
ingness of Ms. Wharton to accompany her killer or to at least
allow that person to approach. She was known to be cautious
about letting anyone inside her house.
Her body had been stabbed 25 times, w ith wounds of between
two and five-and-a-half-inches deep, and was found on Mon-
Continued on page 8
Camp Swift mines eyed
By Rich*rd*GSI<lsmfffr’
Lignite in the Camp Swift Mili-
tary Reservation could be opening
up for competitive bidding by the
end of this year according to the
United States Bureau of Land
Management.
Marie LaRagoite, coal leasing
specialist with BLM, said Monday
Camp Sw ift w ill be put up for bids
by December" barring any un-
foreseen events.
She said it is unknown at this
time how much of the 11.700-acre
reservation will be put up for lease.
WSf ^ - V . -
Much will depend on review of the'
Environmental Impact Statement
for mining of the camp.
Lee Keesling, public affairs
specialist with BLM, said several
endangered species have been
sighted at Camp Swift. Next
spring, the reservation will be
studied to verify if in fact the two
species — the Bald Eagle and the
Houston Toad — are inhabitants of
the area. If so, then competitive
bidding will be delayed past De-
cember so that the Environmental
Impact Study can be modified. If
the species are not spotted this
spring, then the land will be put
up for bidding in December.
Camp Swift was put out for bid-
ding on its lignite reserves in the
1970s and the Lower Colorado
River Authority, City of Austin'
and the City of San Antonio filed
a joint bid. However, lignite min-
ing foe John Prager, of Bastrop
County, had the bid declared ille-
gal under anti-trust laws.
Prager is also currently fighting
a battle to have Camp Swift
declared unsuitable for strip min-
ing on grounds that it is both risky
to underground water and on the
grounds that it would not be eco-
nomically feasible.
In December, Prager’s un-
suitablity suit was dismissed in
Federal District Court. He is in the
process of appealing the dismissal,
however.
Of the original three bidders,
only one expressed continued in-
Continued on Page 8
Bastrop may delay new utility taps
Bastrop City Council may
reverse itself and pass a moratori-
um on the sale of new sewer and
water taps until a capital recovery
fee is passed.
The Council scheduled a work-
shop to discuss the new recovery
fee for Wednesday. Monday,
Councilmember Barbra Willis
asked that an emergency item be
placed on the agenda for Wednes-
day to discuss passage of a morato-
rium on tap sales.
For the last month, the council
has rangled with the recovery fee
question.
Jan. 8, the council raised the
combined price of the water and
sewer taps necessary to build a
home from $570 to $2,070. The in-
crease w as in the form of a $750
recovery fee on both water and
sewer taps.
City Manager Marvin Patterson
interpreted the council’Vote as the
go ahead to charge staggered
recovery fees based on the $1,500
fee as the base rate for the smallest
water meter and sewer tap sold.
Based on the size of water meters
sold, his recovery fees ranged from
$1,500 to $165,000 for both sew-
er and water taps. But the council
did not agree that they had voted
for the staggered fees and in the
confrontation that followed, the
council decided to charge only
$ 1,500 for all water and sewer taps
regardless of the size of the water
meter.
But they also agreed to set higher
tap fees after gathering more infor-
mation. v
At the Wednesday session, city
engineers will present information
so the council can make a decision
on how high to set tap fees.
Patterson has warned that the
city needs to charge developers
enough in recovery fees to pay for
expanding the city’s sewage treat-
ment capacity, otherwise all
ratepayers will be saddled with
higher utility bills to pay for
growth.
He has also warned that current
development plans are enough to
overflow the capacity of the treat-
ment plant, which has 100,000 gal-
lons per day of surplus left.
Ms. Willis wants to see “struc-
tured" rules for the use of taps.
Those rules, as she would like to
see them, would prevent taps that
have already been sold from being
used unless the treatment capacity
could handle it.
She said that if the city is already
at capacity, then more taps should
not be sold.
Sale of water and sewer taps to
buyers without an approved site
plan and a building permit will also
be prevented if Willis has her way.
Such rules would prevent the
buying of taps on speculation, as
in the stunt David Gholsorf pulled
on the city two weeks ago. He
bought two 12-inch sewer taps and
Continued on Page 8
Two youths charged Retailing whiz Milton Ma|r Louise Hill dead
in Cedar Creek cases Mutschink dies at 59
Bastrop County Sheriff's
Deputies have solved at least six
burglaries in the Cedar Creek area,
with the investigation into other
area burglaries continuing.
Deputy David Gann said he has
been working on the case since
mid-January’. The case was broken
when a victim off one of the bur-
glaries spotted a youth wearing a
watch that matched the description
of one stolen from his home.
Gann said that Jed to issuance of
a search and arrest warrant. Arrest-
ed about 6 p.m. Mondav at his par-
ents' Cedar Creek house was
Albert Dwayne Washington, 18, a
student at Bastrop High School.
Gann said stolen goods from at
least six Cedar Creek area bur-
glaries dating back six to eight
months were recovered.
Gann said further investigation
after Washington’s arrest led to the
arrest of his cousin later the same
night. Tommy Lee Washington,
20, who works as a laborer in
Austin, was arrested at 10:30 p.m.
Albert Washington was released
Tuesday evening on $7,500 bond.
Tommy Lee Washington re-
mained in Bastrop County Jail on
$10,000 bond.
Gann said almost all of the
property from six burglaries was
recovered. Recovered property in-
cluded cash,’a watch, televisions,
motorcycles and sporting goods.
Gann said some of the property had
been destroyed, including televi-
sion and stereo equipment,
v The most recent burglary oc-
curred Feb. 3. Three 100 bills of
five taken in that burgalry were
recovered.
Gann was assisted in the inves-
tigation by Deputy Jim Hutson and
with the search and arrests by
Deputies Pete Coronado and Mike
Wade.
Gann expects more burglaries to
be solved as a result of the continu-
ing investigation.
Milton O. Mutschink, one of
Bastrop County’s best known
retailers, died Monday at Seton
Hospital in Austin after a months
long struggle against cancer. He
was 59.
A colorful merchant who en-
joyed not only selling furniture and
appliances but also ensuring deliv-
ery and service, Mutschink found-
ed his retail business in 1948. By
the time of his death it included
four commercial buildings and
several houses and smaller build-
ings in downtown Smithville.
Mustchink started out as a radio
repair man and gradually added
lines of business including appli-
ances, furniture, sleepware, guns
and boats. With the help of his wife
Eleanor, son Don and others, he
built the business into one of the
biggest retail volumes in the
county.
Mutschink was bom Oct. 9,
1925 near Manheim in Lee
County, attended school at Win-
chester and then came to
Smithville.
Over the years he was an avid
member of the National Rifle As-
sociation and each year bought
champion animals at the Future
Farmers of America Livestock
Auction. He donated the sound sys-
tem yearly for the FFA show. He
also was a pilot and enjoyed boat-
ing at his lake retreat.
He is survived by his wife
Eleanor of Smithville, one son,
Don of Smithville, daughter
Marlene Wallace of La Grange and
daughter Carolyn Isbell of Austin,
one brother, Clarence Mustchink
of Smithville, and three grandchil-
dren, Sean, Ryan and Joshua.
Funeral services were scheduled
for 2 p.m. Feb. 6 at Grace Luthe-
ran Church, conducted by Rev.
William Usher. Burial was to fol-
low at Oak Hill Cemetery, direct-
ed by Marrs-Joncs Funeral Home.
Mary Louise Hill, one of Bas-
trop County's ‘ grand oid ladies,”
died Tuesday in Austin after a sud-
den bout of pneumonia. She was
75.
Daughter of a pioneer Texas
family-the Sparks-she married
into Bastrop County’s oldest mer-
chant and banking family, the
*
'4*
M ‘ >
*
V
Mary Louise Hill was with her
son Yerger Hill til a year ago
Hills.
Mrs. Hill had been active in re-
cent years, taking care of the
grounds of her large home east of
Smithville, where she could often
be seen riding her tractor-mower,
working at the Yerger Hill & Son
Store and in other activities. She
was a fervent University of Texas
supporter and rarely missed Texas
Exes gatherings. She also was in-
terests! in the Smithville school
controversy and backed the suc-
cessful 1984 school bond issue.
A petite woman known for her
courage, she was a sparkling con-
versationalist and the life of a
party.
Family members said she had
only been sick for a short time be-
fore death came Tuesday at Seton
Hospital in Austin.
She was bom Sept. 2, 1909 in
Austin to Sam and Polly Sparks.
Her father was a banker, rancher
and Treasurer of the State of Texas
from 1907 to 1912.
Her family had taken part in fa-
mous cattle trails and roundups and
her father was in large part respon-
Continued on Ptge 2
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Goldsmith, Richard. The Bastrop Advertiser and County News (Bastrop, Tex.), Vol. 138, No. 96, Ed. 1 Thursday, February 7, 1985, newspaper, February 7, 1985; Bastrop, Texas. (https://texashistory.unt.edu/ark:/67531/metapth737906/m1/1/: accessed July 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Bastrop Public Library.