Police benevolence fund settlement

District Judge Stacy Trotter ruled this morning that a benevolence fund for the families of three slain Odessa police officers will be divided into thirds.

More than a year after corporals Abel Marquez, Arlie "Lee" Jones and Scott Gardner were shot to death on Sept. 8, 2007, the officers' families will now see their share of the $492,752.08 compiled in a community-raised benevolence fund.

Each families' share will be about $164,250. Benevolence fund pro bono attorney Cal Hendrick said checks will be sent out as soon as possible.

According to court records, the Marquez's share will be placed in a trust for Abel Marquez's two children, Sandra and Isaac, to collect when they turn 25.

Gardner's portion will be given to the slain corporal's parents, Jack and Sally Gardner.

Abel Marquez's ex-wife, Rosy, and members of the Gardner family all declined comment Thursday.

The district clerk's office will hold onto the Jones share until a conflict over heirs is resolved.

Rhonda Jones, Lee Jones' widow, died in March. Hendrick said guardians were appointed for Jones' minor child after the attorney had filed paperwork for today's hearing, so the court needs more time to figure out exactly how those funds will be distributed now that two new parties are involved.

Before Trotter's ruling, J.T. Morgan, attorney for the Jones estate, said there are no plans to distribute any money until the minor's guardians either sign an agreement or the child turns 18 in December.

A hearing is pending.

"Each officer's family had unique circumstances that made it difficult to determine how stuff should be split up between family members," Hendrick said after the hearing. "Instead of trying to make their own determination, we wanted the court to simply tell us how these funds should be sent to each family so no one could criticize the officers and the fund."

Odessa police Lt. Art Fuentes said officers have learned some lessons since the benevolence fund dispute began about a year ago, including making sure they have a will in case something tragic happens.

"We just hope we never have to do this again," Fuentes said after the hearing.

He said the Gardner family's thankful for donors' support.

"The funds, that money sent a clear message out to them how much their child meant to this community," Fuentes said. "(Sally) wants the public to know that she's real thankful for what they've done."

AT A GLANCE 

>> What: Benevolence fund hearing for the families of slain Odessa police officers Abel Marquez, Arlie "Lee" Jones and Scott Gardner.

>> What happened: District Judge Stacy Trotter ruled that the benevolence fund will be divided into thirds. That's about $164,250 to Marquez's two children, Sandra and Isaac; Jack and Sally Gardner; and the Jones estate. Details are still being worked out on exactly who will get the Jones portion. Jones' widow died six months after the Sept. 8, 2007, shootings, and guardians for the couple's minor child were recently appointed. The district clerk will hold the funds in trust until everything's worked out.

>> When: Checks will be written as soon as possible. Benevolence fund attorney Cal Hendrick said that could be in the next couple of days.