Difference between revisions of "User:RahalMccall69"

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(BAA to defend itself, file counterclaim against Baylor lawsuit)
(Burglar who shot, paralyzed Lebanon man sentenced to 30 years)
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BAA President Keith Starr announced the news in written statement Wednesday. The lawsuit charges BAA is improperly using Baylor鈥檚 name and trademarks.
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A New Hampshire man who shot and paralyzed a Lebanon homeowner during a burglary at the man s home last year was sentenced Tuesday to 30 years in prison.
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The lawsuit stems from long-standing tension between the two entities about BAA鈥檚 independent status.
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Ronald Bauer, 49, formerly of Farmington, New Hampshire, was sentenced by Superior Court Justice Paul Fritzche to begin serving the sentence for shooting Richard Potorski after Bauer completes a different New Hampshire prison term in which his minimum release date will be 2023.
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A transition agreement crafted by Baylor regents and a <a href=http://architectscanterbury.co.uk/page.php?sale=Kate-Spade-Classic-Noel>Kate Spade Bags Uk</a>  group of elected BAA leaders and members of the board, which would have dissolved the organization鈥檚 charter, failed to secure enough votes from alumni association members to pass. Those leaders and several other association board members resigned after the failed vote.
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The back-to-back sentences in New Hampshire for armed robbery, drug and firearm charges followed by the shooting sentence in Maine mean Bauer will likely spend the rest of his life in prison, <a href=http://www.avanttravel.com/michaelkorssonline.php> michael kors sale</a>  according to the York County District Attorney s Office.
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鈥淲e have tried for several years now to reach an agreement with the university that enables us to preserve our name; the title of our magazine, the Baylor Line; and keeps our commitment to thousands of Baylor alumni,鈥?Starr said in the release.
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Potorski, whose spine was severed by the bullet and who retains some function in his upper body, appeared in a wheelchair at the sentencing hearing in York County Superior Court in Alfred. He did not speak at the hearing.
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鈥淗owever, the university has rejected our attempts at peace for over a decade and has chosen to continue its efforts to marginalize the BAA, up to and including suing its officially recognized alumni organization.鈥?
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Bauer also chose not to speak at the hearing, Deputy District Attorney Justina McGettigan said.
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Keith Starr is not related to Baylor President Ken Starr.
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  That shot <a href=http://www.symbiose.ca/images/christianlouboutin.gwij.php>Christian Louboutin Sale</a>  paralyzed him, and the bullet is still in his body, McGettigan said of Potorski s injuries.
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Keith Starr told the Tribune-Herald the BAA is finalizing options for legal counsel to represent the organization.
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Bauer pleaded guilty to Class A felony charges of elevated aggravated assault and burglary with use of firearm as part of a plea agreement reached by his attorney, Robert LeBrasseur, and Assistant District Attorney John Connelly.
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鈥淭he executive committee is disappointed that we find ourselves being sued by the institution we all care about,鈥?Keith Starr said.
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The plea agreement called for Bauer to be sentenced to the maximum prison term of 30 years. As part of the agreement, lesser charges of theft and possession of a firearm by a convicted felon were dismissed.
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  Baylor filed the lawsuit last week in Waco鈥檚 74th District Court, arguing that it has severed the licensing agreements that previously allowed the BAA to use the university鈥檚 name and to operate as Baylor鈥檚 official alumni organization.
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On Jan. 8, 2013, Potorski returned home from work to eat lunch and was surprised to find Bauer, a stranger who carried a gun, coming up the interior stairs from the <a href=http://capstone.edu.sg/images/gucciusaonlineoutlet.php> cheap gucci</a>  basement, according to the district attorney s office.
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The alumni association previously has argued that those agreements, signed in 1993 and 1994, are in effect in perpetuity and cannot be terminated, which should allow the group to continue operating with the same name.
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The two men spoke to each other, then Bauer shot Potorski. As Potorski lay on the floor asking for help, Bauer replied, Cry me a river, the district attorney s office said in a news release.
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Failed agreement
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Bauer then stole Potorski s cellphone and other items in the house and fled using Potorski s vehicle.
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Baylor initially gave the BAA until Dec. 8 to stop using its name, a notice that followed the Sept. 7 vote on the transition agreement.
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Investigators used the stolen cellphone to track Bauer, leading to his arrest and the arrest of a co-defendant, 49-year-old Susan Gutierrez.
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The agreement had approval from 55 percent of BAA members who voted on the issue in person, then a requirement in the group鈥檚 bylaws. But a two-thirds majority was needed to approve it.
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The case against Gutierrez remains pending. She is accused of driving Bauer to the scene of the crime.  
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The university is seeking a judgment ordering the group to <a href=http://architectscanterbury.co.uk/page.php?sale=Kate-Spade-Bow-Ring>Kate Spade Bow Ring</a>  cease using registered marks, including the name 鈥淏aylor鈥?and 鈥淏aylor University.鈥?
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Maine State Police said last year that the couple burglarized the home to get money to feed their drug habit. Potorski s vehicle was found in Rochester, New Hampshire.
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The university also wants injunctive relief 鈥渢o limit BAA鈥檚 purposes by reformation to provide only financial assistance to Baylor students.鈥?
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Scott Dolan can be contacted at 791-6304 or at:
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Baylor spokeswoman Lori Fogleman on Monday said the BAA has 鈥渇ailed to act in response to the university鈥檚 continued request to provide any real or concrete plan of action to Baylor. The university is moving to protect the interest of Baylor, its students and alumni by seeking appropriate legal relief rather than simply waiting further for some indication of actual progress from the association.鈥?
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Fogleman declined additional comment Wednesday on the BAA鈥檚 response.
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Baylor charged in the lawsuit that the BAA has 鈥渁bandoned its charitable purposes鈥?as outlined in the association鈥檚 bylaws, including raising money for student scholarships.
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The suit specifically notes a $1 million scholarship pledge from the BAA in February 2013 that was never completed, though the BAA has said the donation was not completed because of the discussions surrounding <a href=http://architectscanterbury.co.uk/page.php?sale=Kate-Spade-Hand-Bag>Kate Spade Hand Bag</a>  the transition agreement.
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鈥?BAA) has not abandoned its charitable purpose, to the extent that its charitable purpose has been impeded by conduct of the university,鈥?Keith Starr said.
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Baylor hired 10 of the BAA鈥檚 staff after the vote on the transition agreement, Keith Starr said. But Fogleman said those hires were requested and approved by association leaders and included as part of the transition agreement. Though the agreement failed, Baylor went through with the hires.
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Alumni center razed
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The university in July razed the Hughes-Dillard Alumni Center the BAA had used as its headquarters since 1978, and later kicked the remaining BAA staff out of on-campus offices the organization had moved into, an action that followed the Dec. 8 deadline.
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Fogleman said the same elected BAA leaders who agreed to the transition agreement also signed off on razing Hughes-Dillard in a separate document, a claim also made in Baylor鈥檚 lawsuit.
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The BAA has continued to meet to discuss its future direction and mission. The group鈥檚 board of directors announced plans earlier this month to solicit feedback from members on three possible options 鈥?solely raising money for scholarships, focusing only on alumni communications or a combination of both activities.
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Keith Starr said the BAA still will proceed with those plans.
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Revision as of 21:48, 11 September 2014

@@@ A New Hampshire man who shot and paralyzed a Lebanon homeowner during a burglary at the man s home last year was sentenced Tuesday to 30 years in prison. Ronald Bauer, 49, formerly of Farmington, New Hampshire, was sentenced by Superior Court Justice Paul Fritzche to begin serving the sentence for shooting Richard Potorski after Bauer completes a different New Hampshire prison term in which his minimum release date will be 2023. The back-to-back sentences in New Hampshire for armed robbery, drug and firearm charges followed by the shooting sentence in Maine mean Bauer will likely spend the rest of his life in prison, <a href=http://www.avanttravel.com/michaelkorssonline.php> michael kors sale</a> according to the York County District Attorney s Office. Potorski, whose spine was severed by the bullet and who retains some function in his upper body, appeared in a wheelchair at the sentencing hearing in York County Superior Court in Alfred. He did not speak at the hearing. Bauer also chose not to speak at the hearing, Deputy District Attorney Justina McGettigan said. 

That shot <a href=http://www.symbiose.ca/images/christianlouboutin.gwij.php>Christian Louboutin Sale</a>  paralyzed him, and the bullet is still in his body, McGettigan said of Potorski s injuries.

Bauer pleaded guilty to Class A felony charges of elevated aggravated assault and burglary with use of firearm as part of a plea agreement reached by his attorney, Robert LeBrasseur, and Assistant District Attorney John Connelly. The plea agreement called for Bauer to be sentenced to the maximum prison term of 30 years. As part of the agreement, lesser charges of theft and possession of a firearm by a convicted felon were dismissed. On Jan. 8, 2013, Potorski returned home from work to eat lunch and was surprised to find Bauer, a stranger who carried a gun, coming up the interior stairs from the <a href=http://capstone.edu.sg/images/gucciusaonlineoutlet.php> cheap gucci</a> basement, according to the district attorney s office. The two men spoke to each other, then Bauer shot Potorski. As Potorski lay on the floor asking for help, Bauer replied, Cry me a river, the district attorney s office said in a news release. Bauer then stole Potorski s cellphone and other items in the house and fled using Potorski s vehicle. Investigators used the stolen cellphone to track Bauer, leading to his arrest and the arrest of a co-defendant, 49-year-old Susan Gutierrez. The case against Gutierrez remains pending. She is accused of driving Bauer to the scene of the crime. Maine State Police said last year that the couple burglarized the home to get money to feed their drug habit. Potorski s vehicle was found in Rochester, New Hampshire. Scott Dolan can be contacted at 791-6304 or at:

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