The Indianapolis Star from Indianapolis, Indiana • Page 17

ST Parking lot slaying was preventable, 2 say Tom Dec. 19. 1977 while loading Christmas packages into her car. claims plaza management contributed to his wife's death by failing to provide adequate security and lighting in the lot. HE IS ASKING the jury to award him $250,000 damages from Helen M.

Off, owner of the land where the shopping center is located, and 2300 Lafayette Road developers of the shopping center. Robert E. Plummer, president of Detectors an Indianapolis securi ty and private investigation firm, and Donald P. Weir, a security consultant, both testified that the presence of uniformed guards or vehicjes which By WILLIAM J. SEDIVY Star Staff Reporter Lebanon, Ind.

Two security experts told a Boone Ciruit Court jury Thursday that the presence of guards could have prevented a 1977 murder which occurred in a parking lot out side an Indianapolis shopping center on the Westside. The testimony was heard during the third day of hearings in a wrong ful death suit filed by the widower of the murder victim against owners and managers of the former Ayr-Way West shopping plaza at 2300 Lafayette Road. Rufus R. West, whose wife, Izora. 54, was robbed and shot in the head look like police cars serve as deterrents to crime.

West's attorney. R. Douglas Haley, compared the deterrent effect of visible security guards to the effect that a police car parked alongside a freeway has on speeding drivers. "When the driver spots the patrol car he slows down, doesn't he?" Haley asked his witnesses. Plummer and Weir each replied in the affirmative.

"I THINK the presence of a guard would have prevented it (the murder)." Plummer said. "The people who were murdered and who were robbed were taken from places where there was no security." Plummer said that many robber ies and murders which occur during the course of a robbery, are "crimes of opportunity." Crimes of opportunity, he explained, are committed in insecure places where the criminal feels reasonably safe that he won't be caught or confronted by law enforcement. After stating that he believed Mrs. West's murder was a crime of opportunity. Plummer added that the presence of security guards can prevent many such crimes.

ON WEDNESDAY, Indianapolis Homicide Detective Lt. Joseph R. Lackey testified that the three men who were convicted of killing Mrs. West bypassed several shopping cen ters which employ security guards before stopping at the Ayr-Way West plaza where no security guards were present on the night of the murder. A third security expert, Anthony N.

Potter, Atlanta. also testified that the presence of security guards is a crime deterrent. However, Potter, called to testify by defense attorney James Tuohy, said he believed that the Ayr-Way plaza is too small to require outdoor security. The suit was transferred to Boone County from Marion County. Testimony is scheduled to continue Monday.

Landfill owner offers not to take hazardous waste 7 5 XJ xj City State JsaA IS Mh THE INDIAN VI'OI IS STAR FRIDAY, JULY 16, 1982 PAGE 17 Editorial 'J Watch out below On a day when temperatures reach 87 degrees, there are few better ways to cool off than a swim in a lake. Swimmers stand and rest, awaiting their turn to dive from a float at Eagle Creek Park beach Thursday. One youth plunges headlong into the cool waters. Today will be partly sunny and humid, with the high temperature expected to reach 88. On Saturday, swimmers beware! There's a chance of thundershowers that day.

(Star photo by Frank H. Fisse) By VIC CALECA The owner of Northside Sanitary Landfill near Zionsville has renewed a year-old offer to stop accepting hazardous wastes if Boone County will allow him to expand his operation. That same offer, with only a couple of variations, was rejected by county officials last year when nearby residents objected to any talk of growth by the controversial landfill. But things have changed since last year, said landfill attorney Warren D. Krebs.

FOR ONE THING, landfill owner Jonathan W. Bankert has removed a "provisional" clause that upset many opponents last year That clause said Bankert would have the option to begin accepting hazardous wastes again after three years if it became clear he would not be" able to make money without doing so. "But that was before he (Bankert) had a contract with the (Indianapolis) Department of Public Works to accept sludge from the sewage treatment plants," said Krebs. "Now he's got that contract and he knows he'll be able to keep going if he doesn't take hazardous waste. So, it would just be a straight agreement John won't take hazardous waste if he can expand." ONLY ABOUT 60 of the 104 acres would actually be used for the landfill Bankert, Krebs and several county officials have talked about the deal recently.

Nothing has been decided, but Krebs said he plans to go before the Boone County Area Plan Commis sion soon to get things moving. Commissioner Sam E. Dodd said Krebs must go to the plan commission 4 teens face stiff penalties for their part in robberies Hoosier on the ball in Italy A QUICK quiz Of all the former Indiana University basketball stars now playing professional ball, which one had the best stats last season? He averaged 23 points per game, tops on a team that set an all time league record for the fewest losses in a season. The answer Tom Abernethy. The reason this might be a surprise is that Abernethy put togeth er his sensational season while playing for the Brescia franchise in the Italian Professional League.

EVEN ABERNETHY missed out on a lot of the stories written about him last year. "There was a great deal of pub licity when we set the record (27 5). but I didn't get caught up in it because I couldn't understand most of what I was reading about myself or the team in the Italian newspapers," he said. A lot of American basketball fans might consider playing in Italy something of a comedown for someone like Abernethy, who started as a 6-7 forward on a national collegiate championship team at I.U. in 1976 and then spent five years in the NBA.

BUT, THERE are compensations. "I talked to some NBA teams this year." Abernethy said, "but nothing developed that was as at tractive as the situation I have in Brescia. I couldn't make the same money this year playing basketball in the U.S., and one of the reasons is that a new tax law allows me to bring back the majority of my Italian earnings without paying American taxes." There is more, however, than simply the money. Abernethy and his wife, Susie, have bought a home at Carmel and plan to settle there, but they also know the time to travel and see the world is when they are young and before their 2 year old twin sons. Matthew and Andrew, put down roots "WE THOUGHT when we went over there last year we would miss out on so many things that were happening hern," Abernethy said "But, it was funny.

When we got back, it seemed we hadn't missed a thing. "The team is really trying to make us happy this year. "They've gotten us a four bed room apartment, which is twice the size of the one we had last year, and they are flying my mother and Susie's mother over to Italy during the season." The 32 game Italian season be gins in September and lasts until April. There are 28 teams in the league, and each squad is allowed two Americans. "OUR ARENA IN Brescia holds 5.000 and is sold out every game," Abernethy said.

"In places like Milan and Bologna, we play before crowds of 13.000. You couldn't be gin to compare the competition to the NBA, of course, but it is probably on a level with the top college ball played in the S. "Brescia has a population of about 200,000, and the people there like their basketball. The fans ex pect a lot from the American players, but if you do well, you are treated exceptionally well. "Everywhere I'd go last year, people would stop me on the street and ask if I was coming back this season.

I leave in about three weeks for training camp, and it's kind of nice to be going to a place where you are really wanted." for initial zoning approval, then to the county commissioners for final approval. Then, the Board of Zoning Appeals would have to grant a special use permit to allow Bankert to operate a landfill on the property. "THAT'S THE problem with this." Dodd said. "We can't guarantee them that we can go by this deal because we can't guarantee them that the board of zoning appeals will approve their special exception. Those people can vote however they please." Northside has been the subject of considerable controversy, due in part because of its close proximity to the former EnviroChem Corp.

chemical recycling plant. EnviroChem was the object of a barrage of state investigations and lawsuits because an employee died in February 1981 after he was overcome by chemical fumes. Neighbors also have been concerned that hazardous chemicals might seep from the landfill into nearby streams. Krebs said Bankert is aware of that concern, which is one reason why he has proposed the agreement. better shot, he'd be sitting here on a murder charge." Alsip told Pruitt: "You've forfeited your 20s.

You won't get out of jail until you're 28, so you've lost your 20s. If you come back in here, I'm going to take the rest of your life away. Under stand?" Alsip then turned to Moore, noting the eight times Moore had gone to juvenile court and the eight times juvenile court judges had set him free. "You don't get released down here." Alsip told Moore. "So I'm giving you 90 days for each of these eight referrals (to juvenile court).

I'm giving you the sentence you should have gotten out there. I want you to know why you're getting these two years (on top of the 20 years)." IN SENTENCING JOHNSON to eight years in prison. Alsip said he normally would have added 90 days for each of 11 juvenile court appear ances. He didn't, he said, because he was impressed by Deputy Prosecutor Richard Plath's recommendation of leniency due to Johnson's cooperation. Lest Johnson think Alsip soft, however, the judge left the defendant with a stern warning: "If you come back in See ROB Page 18 By MARY BETH BALIKA They all looked so young in their bright orange jail uniforms.

But there was nothing juvenile about the crimes the four teen agers had committed. All had admitted to robbery. During their crimes, one had shot a man; another had stabbed a cab driver. On Thursday a Superior Court judge gave them prison terms to match the seriousness of their crimes. For the two who had injured peo pie.

they won't look so youthful when they get out. The young offenders were sentenced by Judge Thomas E. Alsip of Criminal Division, Room 6. SCOTT J. PRUITT, 17.

Richmond, was sentenced to 22 years in prison for an armed robbery in which he shot a gasoline station attendant. He also received five and 10-year prison terms for two other Indianapolis robberies. The sentences will run at the same time. Terry A. Johnson.

18. Richmond, a Pruitt accomplice in two robberies, was sentenced to eight years for one robbery and six years for the other, with the terms to run at the same time. John Henry Moore, 16, Indianapolis, was sentenced to 22 years for the Jan. 17 stabbing and robbery of a cab driver. Moore's 19 year old codefendant, Arthur Ausley, Indianapolis, was sentenced to 15 years for his part in that holdup.

Alsip delayed sentencing of Pruitt's codefendant, Brian D. Taylor, 18. Richmond, who has pleaded guilty for his part in one robbery. AS HE SENTENCED THEM the judge lectured each of the teen agers, noting their past offenses and the many breaks juvenile courts have given some of them. He noted that if Pruitt "was a little 83 50o 3 to 75c 0 Off 2 Junior Sportswear ff0m and Dresses Orig.

7.00 to 60.00, "im '3 Smut shop patrons, 3 managers cited If The managers of three adult bookstores and seven of their customers have received summonses to appear in court for violating a new peep-show booth ordinance designed to cut down illicit public sexual activity. The ordinance, which went into effect July 1, requires that peep show booths be constructed so that a customer's body is visible from the waist down. Sale 2.99 to 29.99. Shown is just a sampling of some of our big fashion looks that can be yours for a very small invest ment! Take your pick from our collection of knit tops, woven blouses, shorts, casual trousers, prairie skirts, jackets, swimwear, sundresses and career dresses. All at appealing, affordable prices; many of which have already been reduced so you'll save even more now! Sizes 5-13; some S-M-L.

Junior World, Second Floor, Downtown and all Indianapolis Stores. TV MURPHY'S LAW ADULT BOOKSTORE customers are also prohibited from going inside of a booth that is not constructed to comply with the ordinance. Five customers of AAA bookstore, 5657 West Washington Street, and two customers of Ferguie's Adult Bookstore, 5038 West Washington Street, were served summonses Wednesday, according to Marion County Sheriff's Sgt. John B. Ashton, vice squad commander.

Tuesday, the managers of AAA, Ferguie's and AA Adult Bookstore, 3601 West Washington Street, were given the orders to appear in court. The bookstore managers and customers five from Indianapolis, one from Brownsburg and the other from Sheridan face a maximum fine of $1,000. They are scheduled to appear Aug. 26 in Municipal Court, Room 10. NUMEROUS ARRESTS for public indecency have been made at all three bookstores, Ashton explained.

"We expect to make numerous arrests of the patrons of the bookstores until the booths comply with the City-County ordinance," Ashton said. "I feel it is the most effective tool we've had to date to help police the problems of adult bookstores." 4 what you do is not as important A If as your motive for doinj it -i 3 CHARGE IT TODAY AT AYRES! 'Iftnything can go-wrong, it wil.