The Examiner (Navasota, Tex.), Vol. 120, No. 3, Ed. 1 Wednesday, January 15, 2014 Page: 3 of 20
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January 15, 2014 ★ Page 3A
3 NOTO’S <>»*
HOME & AUTO STORE 0pE“T“
„ „„ - for 61
102 E. Washington Ave • (936) 825-3578 years!
Defense Attorney Frank
Blazek of Huntsville ob-
jected to the capital murder
charge. Blazek said that re-
taliation was not a factor, as
Bundage’s displeasure with
his neighbors had been built
up over their eight years of
feuding over extreme smell
and noise from the
McHale’s dog kennels.
Deputy Blake Baldobino
testified that he was the first
to spot Bundage, about 12
hours after McHale was shot
and killed. As he was ques-
tioned by Blazek, Baldobino
said Bundage told officers,
“Man, I’ve been dealing
with this sh@# for the past
eight years; it was an acci-
dent.”
While Blazek said
Bundage planned a peaceful
retirement on his family’s
two-acre tract, after 18 years
of service with Houston Po-
lice Department, as a driver
of some sort, the unpleasant
relationship with the
McHale’s was two-sided
and the only one of its kind.
And the day of the shooting
was the first time Bundage
took a gun to the McHale
property.
McLain submitted evi-
dence of a conviction for
disorderly conduct against
Bundage for a 2009 inci-
dent. Brian Capps testified
that while he and Pat
McHale Jr. were completing
target practice on the
McHale property, Bundage
pointed a gun at them and
Capps’ wife and four-year-
old son.
Investigator Daniel
Wagnon testified that deadly
conduct charges were ini-
tially filed against Bundage
for the 2009 incident.
Wagnon also said that
Bundage fled into the woods
prior to the deputy’s arrival
at the scene.
Mrs. McHale had also
testified that, during the
morning of the Sept. 24,
2012 shooting, the initial
dispute between her and
Bundage arose after one of
Bundage’s young bulldogs
stuck his head and neck
through the adjoining fence,
where Mrs. McHale was
training dogs. She said she
threw a training tool at the
dog to scare it away. As the
dog ran away and yelped,
Mrs. McHale said Bundage
appeared on his porch, wav-
ing an axe.
During closing state-
ments, Blazek said, “You
have to believe, beyond a
reasonable doubt, that James
(Bundage) committed the
(capital murder) felony in-
tentionally. And you have to
believe the reason for it is
not because of a feud, not
because of the whole back
and forth, not because of the
rat poisoning or anything
else....but because they
called the law. And that he
did it intentionally.”
After about five hours of
deliberation, the jury re-
turned with a first-degree
murder conviction. Sentenc-
ing, which ranges between
five to 99 years or life, will
be set within 30 to 45 days,
McLain said.
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f HI ilf IB D-Jr*13 H ^ 1
ANDERSON-SHIRO CONSOLIDATED INDEPENDENT SCHOOL DISTRICT
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES
IN FUND BALANCES - GOVERNMENTAL FUNDS
FOR THE YEAR ENDED AUGUST 31, 2013
10
50
60
98
Data
Debt
Capital
Other
Total
Control
General
Service
Projects
Governmental
Governmental
Codes
Fund
Fund
Fund
Funds
Funds
REVENUES:
5700 Local and Intermediate Sources
$ 5,738,155
$ 1,818,067
$
$ 149,635
$ 7,705,857
5800 State Program Revenues
1,039,399
--
--
54,545
1,093,944
5900 Federal Program Revenues
--
--
--
369,595
369,595
5020 Total Revenues
6,777,554
1,818,067
--
573,775
9,169,396
EXPENDITURES:
Current:
0011 Instruction
3,242,150
-
-
164,875
3,407,025
0012 Instructional Resources and Media Services 55,307
-
-
-
55,307
0013 Curriculum and Staff Development
103,638
--
--
15,106
118,744
0023 School Leadership
390,879
-
-
111
390,990
0031 Guidance, Counseling, & Evaluation Services 151,538
--
--
--
151,538
0033 Health Services
53,415
--
--
--
53,415
0034 Student Transportation
486,202
--
--
--
486,202
0035 Foodservice
--
--
--
361,905
361,905
0036 Cocurricular/ExtracurricularActivities
265,459
-
-
7,745
273,204
0041 General Administration
424,969
..
..
4,739
429,708
0051 Plant Maintenance and Operations
683,198
--
--
1,117
684,315
0052 Security and Monitoring Services
25,853
--
--
--
25,853
0053 Data Processing Services
151,537
--
--
--
151,537
0071 Principal on Long-term Debt
198,189
665,000
--
--
863,189
0072 Interest on Long-term Debt
3,300
1,083,089
207,423
--
1,293,812
0073 Bond Issuance Costs and Fees
--
1,500
-
--
1,500
0081 Capital Outlay
--
--
91,621
--
91,621
0093 Payments to Shared Service Arrangements 81,156
--
--
--
81,156
0099 Other Intergovernmental Charges
162,526
--
--
--
162,526
6030 Total Expenditures
6,479,316
1,749,589
299,044
555,598
9,083,547
1100 Excess (Deficiency) of Revenues Over (Under)
1100 Expenditures
298,238
68,478
(299,044)
18,177
85,849
Other Financing Sources and (Uses):
7911 Capital-Related Debt Issued (Regular Bonds)
--
7,775,000
--
7,775,000
7916 Premium or Discount on Issuance of Bonds
--
252,423
--
252,423
7080 Total Other Financing Sources and (Uses)
~
-
8,027,423
-
8,027,423
1200 Net Change in Fund Balances
298,238
68,478
7,728,379
18,177
8,113,272
0100 Fund Balances - Beginning
3,628,083
36,383
25
40,186
3,704,677
3000 Fund Balances - Ending
$ 3,926,321
$ 104,861
$ 7,728,404
$ 58,363
$11,817,949
This Statement is published in accordance with the provisions of Chapter 140.006 Local Government Code, Texas
Revised Civil Statutes, Act 2007,80th Legislature. For additional information, contact the office of the Superintendent of the
Anderson- Shiro Consolidated Independent School District.
☆ ☆
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VOTE
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Trial,
continued from la
victed of first-degree mur-
der, the possible punishment
range includes any term be-
tween five years and life in
prison. And Bundage wants
presiding District Judge Don
Kraemer to decide his fate.
‘They (McHale family)
too are disappointed, but
they are confident that Judge
Kraemer will sentence him
appropriately. I think as long
as they are certain Bundage
will spend the rest of his life
in prison, they will be
happy,” the district attorney
said. ‘They told me that had
Pat been alive, he would
have been fine with the ver-
dict because he always was
willing to forgive and give
folks a chance.”
The district attorney
based the capital murder
charge on the Texas Penal
Code provision for retalia-
tion, as McHale’s final
words were recorded as he
made a second 911 call to
the sheriff’s office the day
he was shot.
McLain said the first 911
call was made, earlier that
same morning, after
Bundage made a terroristic
threat against McHale’s wife
Michele. Following a dis-
pute over a dog crossing a
fence line, Michele testified
that she warned her neigh-
bor that the couple planned
to spread rat poison around
their barn to deter mice from
getting into their feed. That
is when she said Bundage
made a hand gesture, in a
form similar to a gun, and
said he would shoot her.
McLain said the second
911 call occurred after
Bundage came out of hiding
from responding deputy
Mike Bewley. As the second
911 call was about to be
played for the jury, some of
the McHale family members
temporarily left the court-
room. The 911 recording re-
vealed that Bundage told
McHale he was “tired of the
f#@#ing hating,” and that
the victim tried to tell
Bundage they were trying to
be nice to him and he
needed to go back to his
house.
Just as McHale’s voice
heightened as he said,
“James, don’t do it,” a shot
was fired and the line went
dead.
Dispatcher Randi Far-
quhar testified that when she
called the number back, it
went straight to McHale’s
voicemail and that is when
she identified McHale as the
caller and Bewley - who
said he purposely stayed in
the area in case Bundage re-
turned - was dispatched
back to the scene.
McLain said retaliation
was also proven thanks to a
videotaped interview with
Bundage at the sheriff’s of-
fice. As he was questioned
about the shooting, by Capt.
Blake Jarvis and Texas
Ranger Jeffrey Wolf of
Brenham, Bundage told in-
vestigators that McHale and
his family were always pro-
voking him by shooting off
bird launchers (used for dog
training) in the middle of the
night, and that he was tor-
mented by the noise. As
Bundage later told investiga-
tors about the shooting,
Bundage said he knew
McHale had dialed 911 be-
cause he only punched in
three numbers on his cell
phone, and added that
McHale was “buying time.”
Bundage said, “He
grabbed his phone...started
calling 911...I know it was
911 ‘cause he didn’t punch
but three times.”
Though Bundage admit-
ted to carrying a cocked, 30-
30 deer rifle to the McHale
property, after Bewley left,
he said he “accidentally
pulled the trigger and it -
that gun - went off,” and
that McHale “fell on the
ground.”
Ryan Mudd from the
Austin DPS Crime Lab tes-
tified that several safety fea-
tures on the 30-30 deer rifle
would have prevented any
type of accidental firing of
the weapon. During the
taped interview, Bundage
said that he couldn’t remem-
ber when he pulled the ham-
mer back on the rifle.
“Maybe dialin’ 911
maybe. I told him, ‘I’m tired
of this, tired of it,’ ” Bundage
said.
Though McHale was on
a 911 call when he was shot,
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Navasota nursing homes.
If you would like to
help, by donating new or
like new stuffed animals,
from now until Feb. 12, call
me at 936-894-1819. Thank
you.
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McDonald, Scott. The Examiner (Navasota, Tex.), Vol. 120, No. 3, Ed. 1 Wednesday, January 15, 2014, newspaper, January 15, 2014; Navasota, Texas. (https://texashistory.unt.edu/ark:/67531/metapth807865/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Navasota Public Library.