Monday's Internet Edition, 12:15 PM, May 12, 2008.
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| Live Oak County Deputy Nick Chavis holds the six-foot-long "bong" found during a traffic stop last week. |
The Progress Editor - posted April 30 -
Last Tuesday (April 20) in the middle of the night, Live Oak County Deputy Nick Chavis observed a white Acura leaving the Valero Corner Store in Three Rivers heading south on 281. The Acura had no license plate and Chavis pulled the driver over.
Chavis made contact with driver later identified as Eric Walkenhorst, 20 of Kingsville and the two passengers. Chavis asked Walkenhorst to step out of the vehicle and then asked him if he was carrying anything illegal. Allegedly, Walkenhorst turned his face away and said, “No.” Chavis said he asked Walkenhorst two more times if he had anything illegal and Walkenhorst allegedly said, “No” two more times.
While Chavis was waiting for dispatch to confirm the information on Walkenhorst’s driver’s license, Chavis said he ducked his head down to address the other passengers in the vehicle. Chavis said, “As soon as I ducked down I smelled an odor, I believed to be marijuana. I immediately called for assistance and Three Rivers Police Officer William Jones arrived on the scene.”
Jones helped secure the scene by placing Walkenhorst in his car while Chavis tried to talk to the front seat passenger later identified as Cruz Yanez, 21, of Kingsville. Chavis asked Yanez and the other passenger, “When was the last time someone smoked pot in here?” Allegedly, Yanez and the other passenger could only answer by saying, “ugh, ugh, ugh.”
Chavis said, “They both appeared nervous and Yanez refused to answer any questions; I didn’t talk to him again.” Chavis said the back-seat passenger pulled out some drug paraphernalia and a grinder with marijuana residue.” Chavis said, “I walked back to driver [in Jones’car] and said, “I know you have pot, where is it?”
Chavis said the driver Walkenhorst was removed from Jones’ unit and he opened up the trunk where several baggies and other small containers of marijuana lay. Chavis said, “There was a strange object wrapped in bubble wrap and later I found it was a 6-foot-long ‘bong’ broken up into three sections.” Chavis said the back-seat passenger and Walkenhorst were very accommodating and agreed to give a written statement. The back-seat passenger even offered to drive the vehicle to the Sheriff’s office so that the officers could search it.
Chavis and Jones placed Walkenhorst and Yanez under arrest for possession of marijuana and transported them to the Live Oak County jail. The back-seat passenger, whose identity remains anonymous, was not charged. As agreed, he drove the vehicle to the Live Oak County Sheriff’s office.
Chavis said, “While transporting [to the sheriff’s office] Walkenhorst and Yanez they tried to convince me alcohol was more dangerous than marijuana.” They allegedly said, “This is messed up; we are just users.”
Walkenhorst was magistrated by Justice of the Peace, Pct. 2 Judge Virginia Tanguma. Tanguma set his bond at $2500. He posted bond and was out the next morning before 10 a.m. Yanez was also magistrated by Tanguma, she set his bond at $1000. Yanez was out the next day.