The Associated Press

The Associated Press

PHOENIX – A unanimous decision by the Arizona Supreme Court has upheld a Tucson-area man’s death sentences in the shooting deaths of his sister and her fiance.

The ruling issued Tuesday by the state high court rejects arguments made in an appeal on behalf of Shad Daniel Armstrong.

He was convicted in Pima County Superior Court of the 1996 killings of Tucson residents Farrah Armstrong and Frank Williams.

Authorities say Armstrong decided with another man to kill the couple because Armstrong’s sister wanted to return to Oklahoma to confess to a burglary that also involved her brother.

The Associated Press

The Associated Press

PHOENIX – Local governments across Arizona face new fees that add up to big dollars to get crime-scene evidence examined by state Department of Public Safety labs.

The fees were authorized in the new state budget to offset a $7.8 million cut in DPS funding and came as a surprise to city, town and county officials who had already approved their own budgets for the fiscal year that began June 1.

That has left local governments scrambling to find funds to pay for the lab work but has also elicited some fears that cash-strapped jurisdictions could cut back on evidence testing.

Previously, DPS provided evidence testing for free.

But the new state budget had to include cuts, borrowing and other steps to erase a $2 billion shortfall, and Gov. Janet Napolitano said Wednesday that the pain involved had to be spread widely.

A draft DPS fee schedule indicates a DNA biological screening would cost $125 to $500 per case, examination of a weapon $245, fingerprint checks up to $600 per case, a DUI blood collection kit $87 and analysis of fire debris for arson evidence up to $700.

According to a DPS draft cost summary based on case submissions from the 2007-08 fiscal year, individual local governments would face new costs in the thousands.

For the Bullhead City Police Department, for example, the tab was estimated at $44,499.76. The Cochise County Sheriff’s Office, $137,066.20. The Casa Grande Police Department, $160,513.79.

“It’s a significant amount of money for a lot of communities,” said Ken Strobeck, executive director of the League of Arizona Cities and Towns.

If communities can’t find money to cover the new costs and are forced to cut back on crime-lab submissions, “it could have an impact on public safety,” Strobeck said.

Napolitano discounted the possibility that public safety could suffer.

While the state had to make difficult decisions to balance its budget, “We are very intent to make sure that does not impact the gathering or collection or processing of evidence and so if we need to work with particular communities on particular matters, we will,” she said.

Yuma County Attorney Jon Smith, chairman of a statewide group representing county attorneys and sheriffs, said word of the new fees is circulating and forcing local officials to scramble.

Smith said his county Board of Supervisors approved a $163,000 budget amendment Monday to help the sheriff’s office cover the new costs.

He said it’s hard to imagine that a local government wouldn’t do what’s required to investigate a serious crime and that evidence such as DNA is important to help prosecute criminals and clear the innocent.

Should the public be worried about the funding issue affecting public safety?

“It could have an impact on public safety if resources become an issue in whether or not to investigate a case,” Smith said. “It’s unfortunate where you just don’t have the resources to do something that needs to be done.”

The Associated Press
IN BRIEF

PHOENIX – Supporters of an effort to help Arizona utilities pay for renewable energy have won a key vote in the Legislature.

The Senate on Monday approved a bill to extend a property tax break for generating plants using solar, wind and other renewable energy sources.

The tax break expires in 2011, but the bill would extend it to 2040.

Utilities contend they need the longer expiration date to help get long-term financing for projects needed to satisfy state mandates on renewable energy.

Critics say the tax break comes at the expense of Arizona taxpayers and leaves the companies involved without an incentive to reduce costs for solar power.

The House has already approved a version of the bill. The Senate’s 21-3 vote returns it to the House for expected final approval that would send it to Gov. Janet Napolitano.

The Associated Press

The Associated Press

The Associated Press

PHOENIX – House Republican leaders on Monday proposed to erase a projected $1.9 billion revenue shortfall with spending cuts for state agencies, raids on special-purpose funds and borrowing to pay for building new schools.

There was no immediate indication that other legislative factions or Democratic Gov. Janet Napolitano would accept the House Republicans leaders’ proposal, as high-level strategy meetings continued late in the day.

However, a state government shutdown is not an option, said House Speaker Jim Weiers, R-Phoenix. “I hope that we’re able to get this thing done, not only for our sakes but for the people of Arizona.”

The Republican-led Legislature faces a June 30 deadline to approve a budget for the fiscal year that starts July 1.

Because of continuing slumps in housing and consumer spending, the state’s budget has been hammered by tax collections falling far below levels anticipated as recently as April.

The next budget would normally approach $11 billion. However, the latest agreed-upon estimate for the shortfall is approximately $1.9 billion and legislative budget aides’ calculations point toward one of $2.3 billion.

The biggest elements of the House Republican leaders’ plan include $505 million in lump sum reductions in agencies’ spending, $391 million in transfers from special-purpose funds and $501 million of borrowing for school construction.

Other large elements include using $106 million of highway money to pay for the Highway Patrol – a diversion allowed because it’s a transportation function – and delaying $76 million of K-12 school building repairs. Finally, there would be an $18 million reduction in revenue sharing with local governments.

Weiers didn’t release full details of the proposal, but he said it was responsible because it protects priorities such as spending on K-12 classroom education and keeps borrowing to a minimum to avoid burdening taxpayers with debt.

“We’re making sure that children are protected and public safety is not affected in any way,” Weiers said.

Said House Majority Leader Tom Boone, R-Peoria: “There is no classroom reduction, period, whether it is teacher salaries, whether it is supplies, whether it is instructional aides, whether it’s computers, textbooks, whatever.”

Weiers said whether the agency spending cuts could force layoffs of any state workers would depend on decisions made by managers to implement the lump sum cuts and how fiscal conditions evolve.

Gov. Janet Napolitano’s spokeswoman said Napolitano’s office was still reviewing the House Republican leaders’ proposal but that some elements caused concerns. “There’s not a lot there to like,” said Jeanine L’Ecuyer.

Several Senate leaders declined comment but Senate Majority Whip John Huppenthal, R-Chandler, called it “an excellent budget.”

The Associated Press
IN BRIEF

PHOENIX – A bill to require new state reviews of new railroad projects, including a new switching yard planned by Union Pacific in southern Arizona, is picking up steam at the Arizona Legislature.

The Senate on Tuesday gave the bill a 17-7 endorsement on a preliminary vote. Senate passage on a formal vote would return the bill to the House for expected acceptance of the Senate’s changes.

“This is just merely granting citizens and communities the opportunity to discuss it with them,” said Sen. Paula Aboud, D-Tucson.

Union Pacific and Burlington Northern Santa Fe, the other major freight railroad serving Arizona, have objected to the bill, saying it would have the state tread in a regulatory area reserved for the federal government.

The Associated Press

The Associated Press
LAW AND ORDER REPORT

PHOENIX – The Arizona Department of Public Safety says a special unit has discovered 40 drophouses this year, arresting 99 suspected human smugglers and nearly 500 suspected illegal immigrants.

The Illegal Immigration Prevention and Apprehension Co-op Team’s mission is targeting violent crimes related to human smuggling and dismantling rings behind the crimes.

Detective Sgt. Chuck Herrera said smuggling suspects who are caught often are also held on suspicion of kidnapping, rape, extortion, assault and other crimes.

State lawmakers approved about $10 million to fund the force composed of DPS, Phoenix police and Immigration and Customs Enforcement officers.

The Associated Press

Citizen Staff Writer

STEVE RIVERA

Citizen Sportswriter

PHOENIX – Chase Budinger is willing to admit publicly that getting ready for the NBA has been “stressful at times.”

He isn’t willing to admit whether he’s made up his mind about coming back to Arizona for his junior season.”

He’s not even willing to say which way he’s leaning.

Deep down, you can get a sense he knows what he’s going to do. My sense is that he’s gone.

He has to make his decision public by Monday morning.

“It’s an exciting time doing the (NBA) workouts, but at the same time it’s nerve-racking,” he said.

UA players flirting with the NBA is nothing new. UA fans will have to go through the suspense next year when, and if, star guard Brandon Jennings qualifies academically by this fall. Ditto for Jordan Hill, who will be a junior next season.

It’s the way it is these days. And realistically when the 6-foot-7 Budinger came to UA, the thought was that he would be here only two years.

His sophomore year wasn’t always smooth sailing. He struggled in a halfcourt offensive set and struggled on defense at times.

It was obvious that it was hard for him under the tough-love approach of former interim coach Kevin O’Neill.

After all, he picked UA because of Lute Olson. The Hall of Fame coach was out last season for personal medical reasons.

“I play better in that type of system,” Budinger said, of Olson’s up-tempo game.

Olson is back and told the Citizen last week that he thinks Budinger should return because he’ll have a very good season in the fast-paced style.

That would lead to him likely going higher in the draft after next season.

Budinger said Olson has e-mailed him a number of times, putting “information in my head to come back” and “recruiting him all over again.”

Will that be enough?

“All I can say on my two years at Arizona is it (was) a great experience,” Budinger said. “A great time there; it’s a great school.

“It was a little shaky from the first year to the second year and the whole coaching changes. In the end it taught me a good lesson. I was able to adjust to two different coaches but that’s going most likely to happen in the NBA (because) you go through a whole bunch of coaching changes, as well.

“You have to adjust to that. (Being) at Arizona really helped me.”

Don’t read too much into the tone of his words and talking about the school like it’s in his rearview mirror.

He said he was just talking about his time at UA – so far.

That said, he feels everything he’s heard from the NBA teams is that he has a chance to go in the top 21, and if that happens “in my mind I think that’s good enough” to stay in the draft. He says he’s done “real well for myself” in his three other workouts, too.

He added that if he were hearing that he’d be a second-round pick “I’d most likely come back.”

He said he still has six NBA workouts left, one of which will be Saturday with Golden State. If he stays in the draft, he’ll do the other five.

He says he’ll have input from his family, but it’s “mostly up to me.”

His future, however, will be up to those who think he’s ready to be in the NBA come the fall.

Suns president Steve Kerr, a former UA star, didn’t talk specifics about Budinger’s workout with Phoenix. He said Budinger is a “a great guy and good teammate.”

Kerr added that Budinger, although it was tough because of the circumstances of last season, may have benefited because it allowed him to play more than one style.

Phoenix’s Dave Griffin, vice president of basketball operations, said he liked Budinger’s workout, but also said it’s a very deep draft.

“Nobody has a clue (what will happen) because it is so deep,” said Griffin, whose Suns have the 15th pick. “You could easily think you’re a 15 pick and go 31st.”

Griffin said it was his impression that Budinger still isn’t sure what he’s going to do but that he does “have a tough call.”

Griffin said the Suns watched Budinger a number of times the last couple of years, saying he “has a chance to be very, very good if he stays (in school) and a good chance of being a late-round pick if he comes (out).”

Griffin said Budinger’s athletic ability is obvious.

“He makes much stronger cuts on the court now and is attacking the rim much more,” Griffin said. “He’s getting more elevation on his jump shot.

“He’s learning how to parlay all that natural pop that he has into the game of basketball. You can see that it’s coming.”

Griffin added that he feels Budinger has received “a bum rap of not competing” hard.

“I think he can do that,” Griffin said. “I think he’s a young player and just doesn’t know how to do that in the confines of the game.

“He has such an unbelievable volleyball background that I know he knows how to (compete) in that game. I think it’s going to come for him.”

Griffin said he feels Budinger’s defense is getting better.

“I don’t think it’s a liability at all,” he said. “He’s not incapable of being good at it. He just hasn’t gotten that far in his development.”

Budinger will soon determine where that development will come next season – UA or the NBA.

Steve Rivera’s e-mail: srivera@tucsoncitizen.com

OFF TO THE NBA?

Where some mock drafts have UA sophomore Chase Budinger headed in this month’s NBA draft

Collegehoops.net 17 (Toronto)

ESPN.com 21 (New Jersey)

SI.com 13 (Portland)

Draftexpress.com 22 (Orlando)

RealGM.com 22 (Orlando)

Hoopsworld.com 19 (Cleveland)

Citizen Staff Writer
Wildcat blog

PHOENIX – As Chase Budinger was working out and then talking about his NBA situation (Page 1C), Wildcat Fendi Onobun was taking it all in.

He’s working as an intern with the Phoenix Suns this summer, getting some background in business of sports.

“I’m just keeping my options open (because) like my father always says, ‘You can’t always survive on basketball,’ ” said Onobun, a senior-to-be.

“That’s a problem with a few guys because if they don’t make it , (they feel) it’s the end of the world. But there are other (paths you can take).”

Onobun looked the part, wearing a white collared shirt and khaki pants.

He said he doesn’t have specific duties but will doing a number of tasks for the organization.

“This is a really good time because you have the draft and the workouts, seeing what they look for,” he said.

Onobun added, “That will help me in my game.”

Right now, his game is halted because he’s just two months removed from shin surgery, where a metal rod was placed in his left leg to repair a torn tibia.

Onobun is without crutches and is in the early stages of getting back in shape, lifting weights and working out in pools. He’s also practicing a lot on his shot.

He said he probably won’t be ready to go full speed until August.

The Associated Press
LAW AND ORDER REPORT

PHOENIX – The last National Guard soldiers assigned to protect the U.S.-Mexican border are scheduled to arrive in Arizona next week and leave by July 15 in the final act of a two-year mission to make the border more secure.

Operation Jump Start began in June 2006 and was designed to give the Border Patrol some breathing room until it could hire thousands of additional agents and build hundreds of miles of border fence.

Since the program began, about 4,500 border agents have been hired and 182 miles of fencing or vehicle barriers have been built. National Guard units put in about two thirds of the border barricades.

The Associated Press

The Associated Press

The Associated Press

PHOENIX – Thousands in Arizona have had their economic stimulus payments confiscated because of outstanding federal and state debts, government officials said.

The U.S. Department of the Treasury’s Financial Management Service has redirected 3,635 payments in Arizona totaling nearly $1.6 million to various federal and state agencies to cover debts such as federal and state tax liabilities, unpaid child support, delinquent student loans and other obligations.

“Basically if people owe a delinquent federal debt, more than 180 days old, the agency that the debt is owed to will refer the debt to us and we will make attempts to collect it,” said Tom Longnecker, legislative affairs specialist with the Financial Management Service.

For example, the Arizona Department of Revenue received 2,944 payments totaling more than $1.24 million from economic stimulus payments as of June 3, agency spokesman Dan Zemke said. Since May 2, the Department of Economic Security has received an estimated 2,437 payments totaling nearly $1.6 million from economic stimulus payments for unpaid child support, spokesman Fernando Vender said.

The Financial Management Service issues all checks for the Internal Revenue Service, and runs each one by its debtor database to see if the recipient has an outstanding debt, Longnecker said.

Income tax refunds usually present the biggest opportunity for debt collection. This year’s stimulus payments provide an additional collection opportunity. In most cases, it shouldn’t come as a surprise when taxpayers’ stimulus payments are confiscated, he said.

“If it’s been offset, we send them a letter saying your payment’s been offset,” Longnecker said. “In general, people who owe debt to the government know that they owe the debt because the agency has been trying to get the money from them.”

The Associated Press

The Associated Press

PHOENIX – Veteran state legislator and longtime cattle rancher Jake Flake died Sunday morning after a fall at his home in Snowflake, his son said. He was 72.

The Republican state senator was recovering from eight cracked ribs he suffered May 24 after being bucked from a horse on his ranch.

“He was doing well. He was alert and fine this morning, but as he was walking around the house, he fell down and he stopped breathing,” said son Travis Flake, 35, of Snowflake. “His heart stopped and they were never able to get him going again. . . . It was a shock to all of us.”

Travis Flake said doctors told the family they aren’t sure what caused the death.

“They don’t know,” he said. “They think when he fell down, because his ribs were broken already, that may have done it right there. They’re not totally sure.”

Flake served in the Arizona House from 1997 to 2004. He was speaker in 2003-2004, and was elected to the state Senate in 2005. He represented legislative District 5, which includes a wide swath of central-eastern Arizona and is the state’s largest.

“In some ways he was bigger than life itself,” said Rep. Bill Konopnicki, who also represents District 5. “He was a rancher, he had been the speaker of the House, he was a legislator, he was a friend of counties, a friend of cities. He just did an awful lot of things and he’ll be dearly missed.”

Konopnicki said Flake fought for rural Arizona and helped get legislation passed on state trust land reform and agricultural issues.

“The state’s going to miss a true statesman,” Konopnicki said.

Gov. Janet Napolitano said Flake “was a leader of great strength and wisdom, who worked with passion on behalf of the people of Arizona.”

Flake was born and raised in Snowflake, a small eastern Arizona town named for Flake’s great grandfather, who founded it.

Flake and three of his brothers bought the ranch they grew up on, running cattle throughout the Southwest and Mexico.

Travis Flake said his father would want to be remembered for his love of family. “He loved his country and his state, but his greatest legacy was his family,” he said.

Flake is survived by his wife of 48 years, Mary Louise Flake; 12 children, 55 grandchildren and a newborn great grandchild.

The Associated Press

The Associated Press

PHOENIX – State officials on Thursday asked a federal judge to postpone or deny a request to prohibit initiating state orders on the instruction of students learning English.

Those suing in a class action challenging the adequacy of Arizona’s English language learning programs asked the judge earlier this month to order the state to provide adequate funding for newly required instruction models and to prohibit requiring school districts to use the models in the meantime.

The state is providing school districts and charter schools with $40.6 million of additional funding to begin the orders, which include a requirement for four-hour daily periods of English instruction for the 138,000 students in the state.

Schools districts said they need about $275 million.

A response filed Thursday on behalf of the state acknowledged that the plaintiffs have raised legal issues covered by previous court orders in the case.

But U.S. District Judge Raner C. Collins in Tucson should not block implementation of the models without first considering the issues and what should be done about them, said the state’s response.

The Associated Press
RealFAST LOCAL NEWS

PHOENIX – The average price of a gallon of gas in Arizona has soared 16 cents in one week’s span, hitting $3.80 a gallon for unleaded regular.

AAA of Arizona says an average gallon of unleaded costs $3.82 in Phoenix, while Flagstaff drivers are paying the most at $3.91. Tucson has the cheapest gas in the state at $3.65 per gallon.

The automobile association says its weekly fuel gauge report shows the national average hit $3.95 a gallon this week, up 12 cents. A dozen states have averages above $4 a gallon. The AAA collects data from gas stations to compile its report.

Crude oil cost is the biggest factor in the price of gasoline. Oil prices dipped by $2 Thursday to $131.03 a barrel in New York.

The Associated Press

The Arizona Republic

BOB McMANAMAN

The Arizona Republic

PHOENIX – The Arizona Diamondbacks have a decision to make with Max Scherzer, and it could be a difficult one with far-reaching effects.

Scherzer, the first-round pick who features a sizzling fastball, has started three times as a fill-in for left-hander Doug Davis. He has looked very good.

Now Davis seems all but set to return from a rehab assignment at Triple-A Tucson in his comeback from thyroid cancer surgery.

Davis picked up a win Sunday for the Sidewinders, allowing two runs and four hits in five innings against Tacoma and is likely to join the D’backs during their trip this week to Florida and Atlanta.

What happens to Scherzer?

Does manager Bob Melvin put him in the bullpen, where Scherzer made his major league debut and retired all 13 batters he faced in relief?

That might be the most logical choice, given that Scherzer has proved he belongs in the majors.

But that means someone would have to go. Could it be Edgar Gonzalez? Maybe Brandon Medders?

There are other options, too. Scherzer could be sent back to Tucson. Melvin might hold off on activating Davis and let Scherzer keep pitching in the starting rotation. Melvin isn’t ready to show his cards.

“I’m just not going there,” he said. “We’ll figure it out once Doug comes back.”

The reviews on Scherzer have been favorable. He is 0-2 but has a 2.33 ERA and 23 strikeouts in 19 1/3 innings.

“He hasn’t gotten a win yet, but he’s pitched beautifully,” Melvin said. “One start wasn’t his best, but his other starts were great. His first relief appearance was great. He’s pitched very well. He comes as advertised and with a guy that has had high expectations coming in, I think he’s lived up to every single one of them.”

Short hops

• Melvin decided to give second baseman Orlando Hudson a day off Sunday. Hudson returned to the starting lineup last week after missing six games because of a strained right hamstring.

The team is also off Monday, giving Hudson two days of rest.

With a single in the fourth inning – the Diamondbacks’ first hit of the game off Tigers starter Nate Roberston – right fielder Justin Upton has reached base in 38 of his past 41 games and is batting .326 (47 for 144) during that stretch.

• Closer Brandon Lyon hasn’t allowed a run in 11 consecutive innings.

• Chris Burke’s triple in the sixth inning was the team’s 20th triple of the season, the most in the majors.

The Arizona Republic
HIGH SCHOOLS

PHOENIX – Senior Megan Ellsworth struck out 16 hitters, leading Benson to a 1-0 victory Saturday against Phoenix Northwest Christian in the Class 2A softball title game at the Rose Mofford Sports Complex in Phoenix.

It was Benson’s second title in three years.

“I don’t even keep track of them,” Ellsworth said of the strikeouts. “I just work as hard as I can and do whatever I can for my team.”

Kayla Haro knocked in Shalena Solic with the game’s only run in the top of the second inning.

Benson finished 35-1. Northwest Christian, the defending 2A champion, closes the season at 22-4.

The Arizona Republic