Arizona Republic from Phoenix, Arizona • Page 27

Valley The Arizona Republic WEDNESDAY February 14, 2001 SECTION Senior Editor Kristin Gilger, (602) 444-8222 kristin.gilgerarizonarepublic.com Car crash kills molestation suspect page b4 Cold weather renews blackout fear in California page bs Man fir ditd RICHARD RUELAS 11 lives in six crashes during 1998-99. Based on a flawed investigation and improper calculations, Department of Public Safety officers accused Allen of driving 30 mph over the speed limit. Their error was detected within weeks by a fellow officer, but his findings were kept secret from grand jurors. More than a year later, DPS acknowledged its mistake in court. Defense attorney Darrow Soli filed Allen was accused in the May 14, 1999, deaths of a grandmother, mother and child three generations from one family.

The victims, Rebecca Jo Lopez, 49; Krista Lopez, 18; and Mark Gomez, 5, were burned to death after Allen lost control of his car and knocked their Chevy Blazer off U.S. 60 near Superior. Members of the Lopez family have declined to comment. The crash occurred on a notorious road that claimed court motions blasting investigators for incompetence and dishonesty. Judge Robertson concluded that the probe was "fueled by misinformation or concealment" and asked the Attorney General's Office to investigate the DPS' conduct.

Prosecutor Jeff Sandler sought to have Robertson dropped from the case, then moved to proceed with manslaughter charges based on See CHARGES Page B4 dence develops. "I will never lose sight of the fact that three lives were lost that evening, and that my life was nearly destroyed," Allen said after his release from a Pinal County jail. Deputy County Attorney William E. Perry said charges were dropped because there did not appear to be a reasonable likelihood of conviction. He said the case may be submitted to the Attorney General's Office for an independent opinion.

By Dennis Wagner The Arizona Republic Felony manslaughter charges were dropped this week against a Phoenix man who had been falsely accused of driving 95 mph in an accident that claimed three lives. Judge Kelly Robertson of Pinal County Superior Court dismissed the indictment Monday against Timothy William Allen, but left the door open for prosecutors to file charges again if new evi- fr9 r- ii wiw -Vtl" -iIl Photos by Michael GingThe Arizona Republic Deceptively peaceful Skunk Creek, north of Carefree Highway and into New River, often poses the threat of flood. Heading off floodwaters area, development studied The Arizona Republic West was promised a stadium Get Rev. Jesse Jackson on a plane to the West Valley. The last group of voters that felt this disenfranchised lived in Florida and couldn't work a punch card.

Now voters west of Interstate 17 think they've been wronged. They felt they were promised a new stadium if Proposition 302 passed. And looking back at the campaign materials, it turns out they're right. Rumblings of this fix started not long after the Tourism and Sports Authority voted Tuesday to put the Cardinals' new stadium in Tem-pe. The disgruntled residents soon were joined by state Sen.

Scott Bundgaard. "So many people believe the fix has been in for a while and that they got hoodwinked by the Cardinals. They want blood," he says. "They voted for it thinking they had a legitimate shot at getting it." Bundgaard believes the decision was made long ago. This despite Avondale being chosen as one of two finalists to be the Cardinals' host city.

As if the Phoenix 40, or maybe it was the Tempe 10, met long ago in a smoke-filled room with Cardinals honchos and concocted a beautiful scheme to snooker the public. Folks in the West Valley are correct to think that somewhere in the campaign for Proposition 302 they were promised a new stadium; but it was a baseball stadium, and that promise hasn't been broken. The promise wasn't printed on the ballot, it was made by Surprise Mayor Joan Shafer. She told of the new Cactus League stadium in her argument in support of Proposition 302, printed in the publicity pamphlet for voters. Shafer wrote that Proposition 302 could cause "the construction of a two-team stadium complex with 13 athletic fields and a multipurpose amphitheater stadium." Under terms of the proposition, a portion of revenue generated by the tourism taxes would be spent on the Cactus League.

Shafer speculated that two new teams could be put in Surprise. "The complex will generate an estimated $50 million of additional economic activity per year in Maricopa County," she wrote. A portion of the additional tax dollars also are earmarked for state tourism. Shafer wrote to voters that those also would help the West Valley. "And just think how increased funding of tourism promotion will help us all.

"In Surprise, we have world-class retirement communities and the majestic White Tank Mountains to promote. Other communities have equally significant tourism opportunities." Those who promoted Proposition 302 did make a promise. It was to build a stadium for the Cardinals, put it someplace where it would draw the most events, and use the tourism dollars to build amateur sports fields and support the Cactus League. The West Valley will get its stadium. But only if the Cardinals stadium doesn't fail.

By putting it in Tempe, the stadium authority was doing its best to make good on its promise. Not only to the West Valley, but the entire state. Reach Ruelas at richard.ruelasarizona republic.com or (602) 444-8473. Growth forces split of 520 code By Max Jarman The Arizona Republic Most of rural Arizona can get ready to hang up on the 520 area code. The Arizona Corporation Commission on Tuesday approved a geographic split that will assign a new, yet-to-be-determined area code to telephone numbers outside Pima, Pinal, Cochise and Santa Cruz counties, which will retain the 520 area code.

Area codes in Maricopa County 602, 480 and 623 -will be unaffected by the change. But without a split of the 520 code, Corporation Commission engineers estimate they will run out of numbers later this year. Rapid growth in the state and the proliferation of" multiple phone lines for fax machines and computers are depleting the inventory of available 520 numbers. The North American Numbering Plan Administrator, an arm of the Federal Communications Commission, is expected to assign the new area code later this week. The new numbers are expected to last 12 to 14 years.

A permissive dialing period will begin in late June, during which calls placed using either the new or old area code will go through. But after Jan. 5, 2002, the correct area code must be used. The permissive dialing period gives affected telephone customers time to re-, program and to test equipment that See 520 1 Page B4 Early enrollment is put off by Mesa By Kristen Go The Arizona Republic The Mesa School Board wants two more weeks before deciding whether to lower the age for children starting kindergarten. The proposal would still use Sept.

1 as a cutoff date, but enrollment would be extended to students who turned 5 by Dec. 31 if the parent believed it was in the best interest of the child. "This is not a slam-dunk issue," board President Mike Hughes said Tuesday night after hearing about 15 speakers and addressing an audience of about 35 parents, teachers and principals. The district had proposed the change as a way of allowing early-kindergarten students into school. The Arizona Attorney General's Office recently ruled that the See KINDERGARTEN i Page B4 Maricopa County is studying whether concrete structures or Mother Nature should handle flood water along Skunk Creek.

The natural approach would prohibit building in some areas. cv Desert Hills Dr. Joy Ranch Rd. Cloud Rd. Carefree Hwy.

12 km Tony BustosThe Arizona Republic D. Map PHOENIX Thomas Loomis (left), Jonathan Fuller and George Sabol, flood-control consultants, survey Skunk Creek. sible to develop. H. "Woody" Woods, a local real estate agent, says flood-control rules "cost people sometimes their life savings and make it (property) completely worthless." He questions the risk of flooding from Skunk Creek because "it flows so fast, it never backs up." With such fast-moving water and fragile soil, erosion is the county's biggest worry, said Douglas Williams, regional planning manager for the Flood Control District.

See CREEK I Page B2 Skunk Creek By Kathleen Ingley The Arizona Republic Flooding threatens more and more people as development pushes into, the north Valley, and Maricopa County is studying the best way to protect them. The county Flood Control District is focusing on the upper part of Skunk Creek Wash, which runs north of the Carefree Highway and includes the New River area. Initial results of the study will be presented at a public meeting Thursday. Traditionally, the solution would be dams and concrete channels. But the county is leaning toward a cheaper and more environmentally friendly "go with the flow" strategy: Keep development out of hazardous areas and build limited flood-control structures.

Some residents, though, fear the county will make property difficult or impos- have the land. "I'm curious how you can fit 792 homes in there and you can't fit a school site in there," board member Debbie Militello said. The land is north of Lone Mountain Road between 56th and 64th streets. State law doesn't require developers to donate property for school sites, but many school districts seek voluntary donations. Cave Creek Superintendent John Gordon said he and Smith will go back to the table to discuss a possible donation.

"By rejecting this offer, it doesn't mean the game is over," he said. Reach the reporter at anne.rymanarizona republic.com or (602) 444-6881. Cave Creek schools reject developer offer ftp a By Anne Ryman The Arizona Republic The Cave Creek School Board rejected $635,000 from a home developer Tuesday to use toward a new school site because it wants a land donation instead. US Home Corp. plans to build 792 houses on 600 acres in northeast Phoenix known as Section 16.

The state trust land was the topic of a bitter fight between preservationists and the developer before being sold in July for $38.5 million. Gerry Smith, division president of US Home said nine washes traverse the property, making it difficult to amass enough land for a school site, so his company made the cash offer instead. Board members turned it down, saying they'd rather Rob SchumacherThe Arizona Republic Piano men 'Face to Face' in Valley Light-rock favorites Elton John (left) and Billy Joel captivated an enthusiastic sold-out crowd of 17,000 at America West Arena in downtown Phoenix on Tuesday night. The 70s superstars performed together and individually during the show, part of their nationwide "Face to Face" tour. To read a complete review, please go to www.azcentraf.com..