Rio Grande Herald (Rio Grande City, Tex.), Vol. 31, No. 35, Ed. 1 Thursday, October 4, 1973 Page: 1 of 24
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RIO GRANDE
Serving over 5000 readers over 55 years TPA Award Winning Newspaper
Vol. XXXI No. 35 Thursday, October 4, 1973
Ten Cents
Rio Grande City, Texas
EDITORIAL
They weren't really sure.
As you may remember last week the Herald published
an editorial questioning the investigative layout In the
Pena-Dimas murder case and even went into the Ponce-
Acevedo case. Our objective was not to shine a brighter
light on the killings but to ask what has happened to the
case, how the investigation has proceeded, and we also
want to know the cause of death of both parties.
This Monday morning I received a phone call from one
of my sources who told me that two deputies had left the
courthouse with a subpoena requesting that I appear before
the Starr County Grand Jury at 9:30 a.m. that morning. I
waited for\ the subpoena which was served to me at 9:20
a.m. I promptly went to the courthouse and into the grand
Jury room where we waited for District Attorney Frank
Randal Nye. Those on the grand jury were Raul G. Guerra,
Miguel G. Lopez, Miguel Garza Jr., Alberto MontalvoJr.,
Jose A. Saenz, Gabriel Benavidez Jr., Isidro Hlnojosa,
Abel N. Gonzalez, foreman, and Nance Elliott Munoz. On
the grand Jury but not present were Melicio Longoria,
Leonel F. Garza and Vicente Vicinaiz.
Although I was told that I could not tell exactly what
went on in the grand jury room, my freedom of the press
permits me to tell you that they basically wanted me to
let them know any information that I might have that could
help them solve the case.
I told the grand Jury that I didn't know any details and
did not profess to know any information which might help
them solve the case. . .and I explained to die grand Jury
that the objective of the editorial was to ask the why, when,
where, who and how on the killings.
Now that the District Attorney's office, the Starr County
Grand Jury, the Starr County Sheriff's Department, the
FBI, the Texas Rangers, and, last but not least, the Rio
Grande Herald Editor have been unable to solve the case
let me say a few things.
I feel that the subpoena was a try to intimidate me and
an attempt to curtail my freedom of expression. After
being in the grand jury room two minutes I could tell that
they were a little upset with last week's editorial since
they had attached a copy of my paper to the grand jury
records.
The entire thing (subpoena) appeared to have expressed
shades of doubt, and if they thought that they could suppress
the Herald with such a shabby attempt to intimidate its
editor. . . then they failed. The calling of this editor before
the grand jury was to me a compliment because I at least
knew and know now that I have shaken some grand jurors
to feel a little uncertain about their investigation. The
Herald had shaken their "Unanimous" decision to close
the investigation and that Is a compliment to this paper.
This editor and this publication have only wanted the
truth] we have only sought to find out the facts about what
happenedbecause we were unable to find them out from the
investigating officers of the killings. We have no new In-
formation because we are not investigating the case,
mainly because that's why we pay a sheriff, we do want to
know what happened, and the grand jury has ordered Mr.
Nye to tell this paper, for publication, everything we want
to know that can be published, and that information appears
in a separate story on this front page.
Although a new grand jury has been impaneled, with
what I trust Is more independent thinking individual, I
trust that I will not be hassled for trying to find the truth
and all related Information to inform the readers of this
publication. The Herald unlike any other media will stick
out its neck to get at the truth, but I'll be damned if I'm
going to be Intimidated for writing the facts and express-
ing my editorial opinion by people like those that have
tried to do so this last Monday.
And you can still stick those investigations into your
fine feathered nest of unsolved murders.
RAUL TREJO
ajt.g-BJULB.8.B.B_B.8 Bfig8BBB8BBBflBfiBafi BiL8JL8 B 8
Salute to Mexico is band program
District Attorney tells of
slaying investigation
EDITOR'S NOTE — Following
is a word for word rendition of
the why, when, where, who and
how in the slayings of Carlos C.
Pena and Magdaleno Dinias.
The statement that follows was
issued by 229ih District Attor-
ney Frank Randal Nye, after
the grand jury ordered that the
information be made available
for publication to the Rio Gran-
de Herald. . . raul trejo
* * *
by Frank Randal Nye
229th District Attorney
The Starr County Grand Jury
met on two occasions specifi-
cally to investigate the double
slaying of Carlos Pena and
Magdaleno Dimas, which oc-
curred at the "El Bravo Bar"
on 2nd Street in Rio Grande
City, Texas, on the 7th day of
May, 1973.
PHeven witnesses were called
in addition to the investigating
officers and some were called
back on both occasions. Ac-
cording to evidence submitted
to the Grand Jury the incident
occurred when Magdaleno Di-
mas and Carlos Pena went to
the patio of the bar where the
restrooms were located, after
they were seen talking together
apparently in a friendly man-
ner. When shots rang out, Ovi-
dio Pena, brother of Carlos
Pena, ran toward the back of
the bar and found Carlos Pena
shot in the chest and Magda-
lena Dimas shot in the side;
both bleeding, both on the
ground. Ovidio Pena then knelt
by his wounded brother, when
he saw Magdaleno Dimas with
a pistol in his hand attempting
to shoot him, when he tried to
get thepistol from Dimas, Mag-
daleno Dimas bit him on the
finger and Pena then grabbed
his throat in an effort to get
his finger loose.
The officer arrived and sep-
arated the men. Carlos Pena
was pronounced dead at t h e
scene and also Dimas was pro-
nounced dead at the scene. An
autopsy revealed Magdaleno
Dimas died from asphyxia and
the gun-shot wound.
The Grand Jury voted unani-
mously to "No-Bill" Ovidio
Pena.
The Grand Jury also pointed
out that this dual-killing of
Pena and Dimas was not in any
manner the type of "unsolved"
crime that the disappearance
and murder of Maria Cristina
Ponce and Maria Leticia Ace-
vedo. The persons responsible
for said crime have not been
found and the circumstances
surrounding their deaths are
still a mystery; even though the
Texas Rangers and State Fed-
eral Officers in addition to
local officers have continued to
search for clues
/
Typical bus scene for Rio High Band.
Impressions of band-bus ride
Rio Grande City High School
Band Director Nicolas Gonza-
lez has announced that the Rio
Grande City High School Band
will present a special program
this Friday night during half-
time ceremonies.
"We will be presenting a salute
to Mexico, during our halftime
showy' Gonzalez said.
Goni aiez said the band has been
working day and night trying to
put this show together, and
urged all parents and the gen-
eral public to attend.
Rio Grande City plays Cry-
st IFlty this week.
w
EDITOR'S NOTE — Sometime
last week Rio Grade City High
School band director Nicholas
Gonzalez invited this writer to
join him and the high school
band on their bus trip to Heb-
bronville. First, I hesitated as
thoughts of forty or fifty
screaming young students
crossed my mind, but I accept-
ed the invitation anyway, Uiink-
ing they couldn't be as bad as
some of the commissioners
court meetings I've attended
during the last five years. . .
raul trejo.
* * *
by RAUL TREJO
The day started pretty well;
the same as the day of any edi-
tor begins. . . with over 100
things to do and 100 or more
pieces of mail to sort through.
It was hot but the excitement
that was usually there on Fri-
days in years past was not
really there. . . maybe It was
because our team had not
scored a point in four outings.
I thought the day had climaxed
with a Rotary Club meeting
which was presided by Johnny
Pope III or by a Starr County
Commissioners court meeting
that followed the noon luncheon-
meeting, but I was surprised
later that evening.
It should be pointed out that
before this Friday, for four
days the Rio Grande City High
School band had been yelled at
and screamed at, had marched
and marched and marched and
gone through drills, and drills,
and drills until they hated a
band instrument and the drum
majors whistle and, in some
cases, even the band director.
The Rio Band is not unique,
but it is one of the best to ever
march the football field at Rat-
tler football game halftime
shows. It is composed of sen-
iors, juniors, sophomores and
even freshmen (who show it) -
kids from all walks of life and
with all kinds of ideas. It is
composed of a special breed of
students. . . those who take
pride in what they do and show
it. . . a breed of students who
can only be found at Rio Grande
City High School.
I was told by director Gon-
zalez that 1 was to report a-
round 5 p.m. to the band hall if
I wanted to ride with the band
and that I would be riding the
first bus. Although it seems a
little unfair to the rest of the
band, those riding the first
bus were: Joe Serna, Omelinda
Vasquez, Zulema Perez, Berta
Gaytan, Lupita Cruz, Bonnie
Munoz, Ginger Cummings,
Araceli Perez, Zelda Cortez.
Linda Lopez, Jose Daniel Mo-
ralez, Jaime Ramirez, Ida
Garcia, Belia Garcia, Olivia
Vasquez, David Leal, Danny
Garza, Alfredo Salinas, Roge-
lio Moralez, Noe Corona, Nora
see RIDE page 24
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Trejo, Raul. Rio Grande Herald (Rio Grande City, Tex.), Vol. 31, No. 35, Ed. 1 Thursday, October 4, 1973, newspaper, October 4, 1973; Rio Grande City, Texas. (https://texashistory.unt.edu/ark:/67531/metapth194427/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Rio Grande City Public Library.