. . . ridiculous. Beyond my comprehension.

Kelly Tracy was 16 years old when Manuel Contreras-Galdean got behind the wheel of a car at 6:30 in the morning with a blood-alcohol level over twice the legal limit.

He murdered an amazingly talented, bright and caring young lady. He brought unimaginable pain and suffering to hundreds of Kelly’s friends. Very few can even remotely comprehend the suffering he inflicted on Kelly’s family.

Kelly was a member of my daughter’s High School marching band. My wife and I were volunteers with the band the morning Kelly was killed and we were present in the room when her band mates were informed of her tragic death.

Almost a year later I still can’t think of that day without crying.

Yesterday the Arizona Republic reported that Contreras-Galdean pleaded guilty to one count each of manslaughter and aggravated assault for his actions that day. A Maricopa County Attorney’s Office spokesman said he will face a 10½ year prison sentence for each count.

And he will serve those sentences concurrently.

In other words, he serves his two sentences together, as opposed to consecutively (or “back-to-back”) as had been previously discussed.

In other words, Manuel Contreras-Galdean will spend only 10½ years in prison for killing Kelly and hurting her brother.

10½ years.

For killing a 16 year old. A completely preventable tragedy. He chose to get drunk that morning. He knew the consequences (this was his third or fourth arrest for DUI). He gambled with Kelly’s life and she lost.

And he gets 10½ years.

Assuming he serves the full sentence, he’ll walk out of prison when he’s 42 years old. On that date, Kelly would have been 26. Twenty-six.

He will have another 40 or so years of freedom to enjoy when he gets out.

Kelly’s friends and family will only have memories. And thoughts of what could have been. And they’ll go through agony every November 15th, the anniversary of Kelly’s senseless and tragic death.

10½ years? That’s the value our society places on a human life?

In a post I wrote the day after Kelly died I said, “If he gets out of prison before he dies then a travesty of justice will have been served. I know I should be able to forgive him, but I can not. I’ll leave that to a higher and greater power.”

Well, a travesty of justice has been served. This “man” should rot in prison.

But he’ll be out in 10½ years.

Assuming of course he doesn’t get early release or time credited for “good behavior”.

10½ years.

It makes me physically ill.

Rest in peace Kelly. You accomplished more in your short life than the animal that killed you could ever dream of doing. Your smile will shine on forever.

.

If I was younger, a lot better looking, could dance and was female, then I’d be headed to the US Airways Center on Saturday, August 15.

The Phoenix Suns Dancers are holding auditions, and all the info you need is here.

Since I clearly don’t qualify to be a Suns Dancer, I’ll have to be satisfied with this photo. It’s as close as I’ll get…

Arizona has the highest skin cancer incident rate in the country and the second highest rate in the world.

Skin cancer can be deadly but nearly all skin cancer can be treated if it is detected and diagnosed early (source).

Here’s your chance.

On Saturday, July 11 from 9 a.m. – 1 p.m. there will be FREE skin cancer screenings sponsored by the M.D. Anderson Banner Cancer Center.

Banner Gateway Medical Center, 1900 N. Higley Road, Gilbert, AZ 85234 (map)
U.S. 60 and Higley Road – Banner Gateway Women’s Imaging Center
Canyon Springs Medical Plaza on the hospital campus
Must be 18 years of age -  to register online click here or call 602-230-CARE (2273)

I’ll be there at 10:30. Slots are filling up fast.

Cancer sucks. Don’t be a statistic.

Sorry, looks like all the available screening slots are filled. I’ll ask when I’m there if they plan more.

4th of July fireworks shows will happen all across the Valley of the Sun. Here is a compilation of July 4th events I could find. Be aware, some Phoenix area cities that had fireworks in the past are not having them this year. Also, some cities are having their fireworks celebrations on July 3, not July 4.

In alphabetical order:

Ahwatukee Fireworks – July 3 

Two events, the Ahwatukee Star Spangled Festival & Bicycle Parade and the Red, White and Boom, a Fireworks Celebration.

Where: The Ahwatukee Star Spangled Festival & Bicycle Parade will be held at the Ahwatukee Community Center at 4700 E. Warner Rd. in Phoenix.

The Red, White and Boom, a Fireworks Celebration will be held at Ahwatukee Country Club, 12432 S. 48th Street (just north of Warner Rd).

These two venues are within walking distance of one another.

When: Friday, July 3, 2009. The Ahwatukee Star Spangled Festival & Bicycle Parade is scheduled from 6 p.m. to 11 p.m. The Red, White and Boom, a Fireworks Celebration starts at 9 p.m., with gates opening at 6.

Cost: Free. There is a charge for rides and activities.

More info on Ahwatukee fireworks: Red, White and Boom. Ahwatukee Star Spangled Festival & Bicycle Parade event.

Anthem Fireworks – July 3

Where: Anthem Community Park ball fields

When: Friday, July 3rd. The celebration begins at 6 p.m. Fireworks are scheduled to start at 9:30 p.m.

Cost: Free admission and parking.

More info on Anthem fireworks.

Apache Junction Fireworks – July 4

Where: Apache Junction High School.

When: Saturday, July 4, 2009. Gates open at 6:00pm. Live bands 7 – 9pm with fireworks afterwards.

Cost: Free admission and parking (parking is limited)

More info on Apache Junction fireworks.

Avondale Fireworks – None scheduled.

Buckeye Fireworks – None Scheduled.

Chandler Fireworks – July 4

Where: Tumbleweed Park, on the Southwest corner of Germann & McQueen roads.

When: Saturday, July 4, 2009 starting at 4:00pm. Fireworks at 9:30pm.

Cost: Free admission. Parking $5.

More info on Chandler fireworks.

Gilbert Fireworks – July 4

Where: Mesquite High School located at 500 S. McQueen Road in Gilbert.

When: Saturday, July 4th from 4 p.m. to 10:30 p.m. Fireworks are scheduled to start at 9 p.m.

Cost: Free admission and parking. Fees for rides, amusements and refreshments.

More info on Gilbert fireworks.

Glendale Fireworks – None scheduled.

Goodyear Fireworks – July 4

Where: Goodyear Ballpark, 1933 S. Ballpark Way.

When: Saturday, July 4, 2009 from 6:00pm to 10:00pm.

Cost: Free admission and parking. Fees for rides and refreshments.

More info on Goodyear fireworks.

Litchfield Park Fireworks – July 4

Where: Old Litchfield Road and Honeysuckle Street.

When: Saturday, July 4, 2009 from 7:00pm – 10:00pm.

Cost: Free admission and parking. Food and beverages available for purchase.

More info on Litchfield Park fireworks.

Maricopa Fireworks – July 4

Where: Pacana Park located on Porter Road, approximately ¼ mile south of Honeycutt Road. About 2.5 miles east of City Hall (located just off of John Wayne Parkway).

When: Saturday, July 4th from 6 pm to 9 pm.

Cost: Free admission and parking. Food and beverages available for purchase.

More info on Maricopa fireworks.

Mesa Fireworks – None Scheduled

Mesa cancels an almost 50 year tradition due to lack of funds.

Peoria Fireworks – July 4

Where: Peoria Sports Complex, Mariners Practice Field, 16101 N. 83rd Ave.

When: Saturday, July 4, 2009. Gates open at 5:00pm, fireworks at approximately 9:15pm.

Cost: $5 for each person 13 and older. Free parking. Food court available for food, drinks and beer purchase.

More info on Peoria fireworks.

Phoenix Fireworks – July 4

Where: Steele Indian School Park, 300 E. Indian School Rd

When: Saturday, July 4, 2009 from 6:00pm – 10:pm. Fireworks begin approximately 9:20pm.

Cost: Admission is free. Food and beverages are available to purchase.

More info on Phoenix fireworks.

Scottsdale Fireworks – None Scheduled

Scottsdale’s July 4th Grand Olde Fashioned Picnic is at Scottsdale Stadium on July 4 from 5 – 7pm. No fireworks. Admission and parking are free.

Surprise Fireworks – July 4

Where: Surprise Recreation Campus located at 15850 N. Bullard Avenue, about two miles west of Grand Avenue between Bell and Greenway roads. (same complex as Surprise Stadium.

When: Saturday, July 4th from 5:30pm to about 8:45pm Gates open at 5 pm.

Cost: Free admission with a canned food donation. Limited to first 10,000 ticketed fans. Parking is free.

More info on Surprise fireworks.

Tempe Fireworks – July 4

Where: Tempe Town Lake in downtown Tempe, Arizona.

When: Saturday, July 4th, 2009. Gates open at 4 p.m.

Cost: Children 12 and under are free. Anyone showing a current military ID is free. Tickets at the door are $8, or two for $15 (until sold out). Ticket Information (discounted tickets are available).

More info on Tempe fireworks.

The "CBS 5 Tempe Town Lake Festival Produced by the Kiwanis Club of Tempe" is the big one in the Valley. Last year 50,000+ people attended. Be careful where you park in Tempe, trust me…

Sorry, I can not guarantee any of this info is correct. You should consult the links provided for more information. Most have phone numbers you can call to confirm details.

Have a happy and safe Fourth of July however you chose to celebrate. And please, do not drink and drive. Call Discount Cab. They will take you home (at standard fare) and give you a free ride back to your car the next day. Believe me, a cab ride is a lot cheaper than a DUI, and way better than killing yourself or someone else.

Photo Credit: A Million to One on Flickr. Under Creative Commons License.

If you didn’t read yesterday’s post, this post will make no sense. In short, last night, several people were towed from a lot at Mill & 7th Street in Tempe. There was much sadness and confusion.

Today, all of us recovered our cars from the impound lot. Since I had no idea it was “cash only”, I didn’t actually pay the $135 fee yet. I did get my car with a clear verbal warning that if I don’t pay in two weeks, it will be reported to credit bureaus and a collection agency where fees will “at least triple” the charges.

I strongly feel that the lot isn’t properly marked with warning signs, so I did a little more research, and went back to the “scene of the crime” to take some photos and measurements.

I’ve been told by a City of Tempe official that the signs posted by the property owner follow city code in their placement, quantity and location.

I disagree.

Granted, I am not an attorney nor a policy maker. But I can read, and some of the Tempe City Code with regard to the notice to the public of the right to two seems very specific and clear to me.

Let’s take a look at Tempe City Code section 32-6 Towing from Private Property / Notice to public of right to tow. I’ll break it down to bite-sized nuggets of love… all emphasis in citations is mine.

Section 32-6 (a): The owner or person in possession of any private parking area shall be deemed to have given consent to unrestricted parking by the general public in such parking area unless such parking area is posted with signs as prescribed by this section which are clearly visible and readable from a distance of fifty (50) feet away and at all points of entry.

…and at all points of entry.

Here is a photo of what any reasonable person would consider a point of entry into the lot:

The tow warning sign is on the BACK of the green electrical box.  This is “clearly visible at the point of entry”??

…clearly visible and readable from a distance of fifty (50) feet away…

Here is the sign on the back of the box from approximately 50 feet away. You tell me, is this readable?

Moving right along…

Section 32 – 6 (b) Signs will be a minimum of twelve (12) inches by eighteen (18) inches in size and will be mounted at a minimum height of five (5) feet and a maximum height of ten (10) feet above the ground.

Pictures tell the story… here is the sign shown above. Of note, this is the specific sign repeatedly referred to by both the towing company and the Tempe Police Department last night when we converged on the lot only to find our cars had been towed off.

This sign is 6 inches wide by just under 12 inches long. The bottom of the sign is 3 feet 10 inches above ground level.

A little math… a 6” x 12” sign = 72 square inches. The minimum size per city code would be a sign of 216 square inches. This sign is therefore 33% of the required minimum size. Yes, it is one-third the size required by Tempe City Code (and it’s mounted too low. The top of the electrical box is the minimum height of five feet).

But wait, there’s more!

Section 32-6 (a)(5) Each sign shall state, "Tempe City Code, Section 32-6."

Shall. Not “should”, or “ought to”. Shall means it WILL.

Here’s a close up of the fine print:

Ok, so let’s assume that the sign behind the box at the main entrance doesn’t count. How you could disregard it completely and say it doesn’t matter is beyond me. But let’s pretend.

There are two other towing warning signs posted at the lot.

Here is one that is in the middle of the south end of the lot, approximately 160 feet from the main entrance.

Hey! It’s of the minimum 12 x 18 size! And it has reference to the Tempe City Code. You know, the one that says the sign has to be posted at a minimum height of five feet…

Yeah, this one is posted 25 inches above the ground. Last time I checked, 25 inches is less than half of five feet. So we’ve got yet another failure per the Tempe City code. (not to mention this sign posted two feet off the ground is 160+ feet away from the main entrance. Maybe it’s just me, but I also don’t see this quite being “readable” at 50 feet.

What about the other tow warning sign?

It’s posted at the northeast corner from the entrance, and is edge-on to the entrance. In other words, when you drive into the lot, you see the edge of the sign (it’s about a quarter of an inch thick) from 160 feet away.

Here’s a shot taken from the southwest corner of the lot. It’s the closest I could get to capturing the entire lot without standing in the middle of Mill avenue at 5:30 in the afternoon.

In summary

We’ve got a “primary” tow warning sign (I call it primary as it is by far the closest to the entrance and was repeatedly referred to by both the tow truck drivers and the Tempe Police as a reference) that is: 1) 66% too small; 2) mounted too low; 3) doesn’t contain all required verbiage; 4) not visible from the entrance; and 5) not readable from 50 feet.

You’ve got one sign that meets size and verbiage code but is posted at less than half the required minimum height.

And you’ve got one sign of proper size, verbiage and posting height. In the back corner of the lot and presented edge on to the entrance approximately 160 feet from the entrance.

And this, according to both the Tempe Police on-scene that evening and a City of Tempe official, are following city code in placement, quantity and location.

Again, I’m no attorney. I’d love to get an attorney’s thoughts on this – realizing of course you can’t give “legal advice” in this format.  Given that Tempe City Code Section 32-6 (c) states, “No private towing carrier shall tow a vehicle from a private parking area unless the signs are posted as required by this section and conform with subsections (a), (b) and (e)” my next research step is looking into small claims court.

Larger photos are available on my Flickr account.

From AZCentral.com:

Surprise (Arizona) police Tuesday arrested a man they say stripped his foreclosed home of fixtures and other equipment.

. . .

A grand jury indicted Garcia on charges of criminal damage and defrauding a secure creditor, giving police probable cause to arrest the former Surprise resident at about 1:25 p.m. on Tuesday.

My reaction?

It’s about time.

Don’t get me wrong, I have a lot of empathy for people that lose their home. For many, things are completely out of their control and it is a very sad thing.

But as a real estate broker, I see homes all the time that the owner has completely trashed.  Nothing appears to be safe from these types. Missing cabinets, counter tops, flooring, air conditioning units, toilets – you name it and some pissed-off disgruntled “victim” of foreclosure has stolen it.

Yes, stolen it. It is stealing people, plain and simple.

Read the comments on the AZ Central article. Some people are saying the cops are screwing this guy, some practically make him out to be a hero.

He’s an accused thief, plain and simple. He was under contractual obligation to maintain the home. That’s part of the deal when you get a mortgage – the lender has a lien on your home and has the right to recover the asset if you fail to pay back your loan. And part of that asset includes fixtures attached to the home.

Let’s say you get a car loan and for whatever reason stop making the payments.  You know the repo man is dropping by for a visit soon. Do you rip the seats out of the car, remove the engine, put the car on blocks and swipe the rims? Every day people are doing tens of thousands of dollars of damage to their homes – homes bought with loans the owner is under contractual (and ethical) obligation to maintain.

Maybe you think, “So what. The banks are the ones that have to eat the loss and they deserve it!”

Wrong. If you are a homeowner, Joe Thief’s criminal act just negatively impacted YOUR home value. Like it or not, when your neighbor guts his house, the value of your home declines.

So Joe Thief isn’t just screwing the bank. He’s screwing you too.

Shar Rundio wrote a great post last month citing the specific Arizona statute on this very subject.  Arizona Revised Statute §44-1219 makes it a Class 5 Felony to strip your home prior to foreclosure.

Here’s something to ponder as you are taking a crowbar to your kitchen – is this sink and faucet really worth spending time in the pokey married to Bubba and his pals?

If you’ve never seen first-hand what some people do to their homes, here is a short video I shot back in January at a trashed out home in Agritopia. There are worse examples, believe me.

President Obama is set to introduce his “Homeowner Affordability and Stability Plan” in a speech in Mesa, AZ today at about 10:15 (MST).

The full text of Obama’s speech is available here. (Note this is the prepared text of the speech. What is actually delivered could differ, though I suspect it will be very close to this.)

Some details of the Homeowner Affordability and Stability plan are available at the whitehouse.gov blog.

I’ve got interviews with two radio stations and the East Valley Tribune scheduled for later this afternoon for my reaction, and of course I’ll share that reaction here as well.

At this moment in time there are hundreds of people lined up at Dobson High School trying to get tickets to hear President Obama speak at the school on Wednesday, Feb 18.

Obama is supposed to be talking about his plans to fix the foreclosure mess – something that has hit the Phoenix real estate market particularly hard.

I went down to Dobson High in Mesa this morning just to take a peak at the crowd. It was INSANE! The line was a good half a mile long. A security guard told me the crowd was probably “over a thousand”.

Some media are reporting that 300 – 400 free tickets will be distributed. There are rumors that the White House may release more.

I chatted with several people, including some that had been in line since 10:00pm last night. Those in roughly the middle of the line arrived around 5:30 this morning.

It was quite a party atmosphere. Since it’s President’s Day, many small children were waiting as well.

There were people handing out boxes of doughnuts (and yes, I resisted the temptation) and vendors selling all sorts of Obama paraphernalia.

If anyone manages to get a ticket and goes, I’d love to hear your thoughts.

And if you missed the free tickets, I’m sure there will be some available on eBay or Craigslist shortly. There is already a post on Craigslist from someone looking for tickets and willing to pay $100 for two tickets. 

More photos are available in my Flickr set.

Ahhh, Spring Training. It’s a baseball experience like no other. Cheap(er) tickets, players jogging on the warning path during the game, idyllic Phoenix weather. And it’s romantic! Francy and I had our first date at a Spring Training game. Whoda thunk 19 years after that Brewers vs. Cubs game we’d be married with two teenagers?

There are several Major League Baseball teams with spring training camps based in Phoenix that call the Cactus League home – the Chicago Cubs, Los Angeles Dodgers, Anaheim Angels, Milwaukee Brewers, Oakland A’s, Texas Rangers, Kansas City Royals, San Diego Padres, Cleveland Indians, Seattle Mariners, and San Francisco Giants. Other teams are based in Tucson and frequently play in Phoenix such as the Diamondbacks, White Sox (Whoops, they moved to Phoenix this year. Thanks Michael!), and Rockies.

There are a lot of games held in the Cactus League. “Split Squad” games are not uncommon. Teams split in half and play separately which is why on schedules you’ll occasionally see the same team playing two games, sometimes at the same time. (These split squad games are usually designated “ss” on schedules.)

If you’ve never been to a Spring Training game, you’re missing out on  a real treat. Trust me, just do it. You may wind up with a wife and two kids!

Get your 2009 Spring Training Schedule Here!

Here is  a downloadable Cactus League Spring Training baseball schedule (courtesy of AZHardball.com).

Speaking of AZHardball.com, my friend Paul Martinez runs that amazing blog site. If there is anything you want to know about baseball in Arizona, look no further than AZHardball. Seriously, it’s that good.

Gilbert’s election season is heating up. Signs are popping up on street corners and in yards, and the buzz is starting to begin.

All the candidates in the March 10 primaries for Gilbert Mayor and Town Council will be participating in a forum on Monday, February 2.

Le Templar, the East Valley Tribune Opinion Editor will moderate two panels on Monday. The first will have all seven Town Council Candidates and the second will have all six that are running to the position of Town of Gilbert Mayor.

Candidates will give short opening statements followed by a Q&A session and closing statements. Questions will not be taken from the audience.

Questions will cover the town’s budget, economy, spending policies, public safety, traffic and neighborhood concerns.

What: Gilbert Mayor and Town Council Candidate Forum
When: Monday, February 2 beginning at 6:30pm
Where: Gilbert Municipal Center. 50 E. Civic Center Drive