Arizona Republic from Phoenix, Arizona • Page 11

FINAL The Arizona republic SECTION MJJXSTATE Business Starts on B6 SATURDAY AUGUST 1 1, 1990 TT Sibling wins custody fight Hopis to protest in Prescott against whites' 'Indian' dance Had fled Georgia with late mother over court action By Abraham Kwok The Arizona Republic Like her mother before her, Dcidra Dose is fighting to keep her family intact from what she sees as a state conspiracy. And on Friday, Dose succeeded where her mother had failed: getting a judge to side with her. The 19-year-old woman, whose mother fled with Dose and her four younger brothers and sisters last year before Georgia could take custody of the minor children, was granted temporary custody of the family by a Maricopa County Superior Court judge. Judge Morris Rozar approved Dose's request for custody six days after her mother, Peggy Sue Dickey, 41, was killed in a traffic accident in Chandler Heights. Dickey left her home in an Atlanta suburb last March as a Georgia court was preparing to revoke custody of the children, in part because she had told them that their father should not have been jailed for the molestation and sodomy of two of them.

Dose supports her late mother's viewpoint, according to statements she made in January. But another daughter, an 18-year-old who now lives with relatives, testified in her father's trial that he had molested and raped her. 1 Ed Dickey drew national attention in the November 1988 trial because he represented himself and cross-examined the daughter who testified against him. He was sentenced to life plus 20 years in prison and is eligible for parole in about five years under Georgia law. Rozar awarded custody to Dose on Friday pending an investigation by Arizona's Child Protective Services.

The judge also stipulated that the minor children, who did not receive psychiatric help under Peggy Dickey's care after the molestation and the trial, receive "independent counseling" and schooling. Among those attending Friday's See SIBLING, page hi and women from Prescott, have been re-enacting Indian ceremonies every year since 1929. Indians have protested periodically that the activities are sacrilegious. The Smoki dances will be staged starting at 7:30 p.m. at the Yavapai County Fairgrounds.

More than 3,000 spectators are expected. A Smoki spokesman, who said he was not aware that a protest was planned, said there are no plans to change the planned presentation of the snake dance or five other Indian See WHITES', page B2 By Paul Brlnkley-Rogert The Arizona Republic The Hopi tribal government, calling white men's Smoki Snake Dance an "affront to the Hopi people," said Friday that 100 or more tribal members will demonstrate against tonight's performance in Prescott. Also, New Mexico's Zuni Tribe said it intends to send a delegation of tribal-government members and religious leaders to "observe" the Smoki presentation of two Zuni-like ceremonies in Prescott tonight. In addition, the All-Indian Pueblo Council of Albuquerque, which represents the 19 pueblo tribal groups in New Mexico, said it will send a letter of protest to the Smokis about their plan to stage dances that originated from the Taos and Jemez pueblos. "I don't know what good a letter will do," said Herman Agoyo, chairman of the pueblo council.

"What is it going to take to get them to stop this? Do we have to burn the town down to get them to take notice of our peaceful appeal?" The Smoki People, a mostly Anglo group of middle-class men A if Report backs ff shots mswMmmMmm-mmim at meraly cons I 'it, fill Photos by Mark MlrkoThe Arizona Republic Mayor Paul Johnson fastens his bulletproof vest at the South Mountain Precinct as his assistant, Scott Phelps (left, in mirror), and Sgt. Bob Fillens look on. Says gunfire that hurt 1 5 was justified By Steve Yozwiak The Arizona Republic A state prison guard was justified in firing two shotgun blasts into a group of black inmates, wounding 15, to stop a riot in June at a Tucson prison, a state Department of Public Safety probe concluded Friday. The June 21 shooting did not violate any policy of the state Department of Corrections and was not racially motivated, according to the 15-page report by DPS administrative investigator Paul Nixon. The shooting was sparked by what started as a non-racial argument between two inmates over a cigarette lighter but erupted into a fight between blacks and a coalition of Anglos and Hispanics, the report says.

"The bottom line is that because of the action, taken by correctional officers who were in the very middle of a violent disturbance, no lives were lost," Corrections Director Sam Lewis said in a prepared statement. The DPS report and the Corrections release make no mention of how similar incidents could be avoided in the future. "The training that the staff receives is not conducive to prevention. They know how to shoot. They have a lot of training in commando tactics.

But they don't have any training in communications," said Donna Hamm, director of Middle Ground, an inmate-advocacy group. The fight at the Arizona State Prison at Tucson started in the dining hall of the Cimarron Unit, considered a "heavy" medium-security men's section, according to the DPS report and Corrections spokesman Mjchael Arra. Because inmates segregate themselves into Anglo, black and Hispanic areas in the dining area a policy tolerated but not condoned by Corrections officials a fistfight between a black inmate and a Hispanic inmate over a cigarette lighter quickly escalated into a racially divided riot among more than 100 prisoners, the report says. The guards were unable to limit the fight to the dining hall because the inmates overpowered the guards at the doors, the report says. "Outside, the inmates armed themselves with what was available, such as rocks, two-by-four pieces of lumber and mop handles." I Inmates ignored or did not hear orders to return to their cells, and "the black inmates continually advanced on the officers who were carrying weapons," the report says.

"The black inmates verbally threatened to take away the guns and kill them," it says. Two tear-gas canisters were fired into the crowd of black inmates and a shotgun blast was fired into the air as a warning "with little or no effect," according to the report. However, Arra said the warning shot stopped the approach of Anglo and Hispanic inmates. Guard Michael Gregory, "in fear of his own life, the lives of other (guards) and inmates, fired three additional times with the shotgun: One into the air as a warning shot, two shots into the lower extremities of the black inmates, reportedly wounding 15," the report says. The inmates were shot with birdshot from more than 120 feet, tk report says, adding that prison guards are directed in certain incidents not to aim their weapons higher than belt lines "as a defense against approaching inmates." New cop on the beat investigates how guy in the field works' I v-j 'Wi his police skills.

After leaving the precinct, the mayor and Sgt. Rick Switzer patrolled an area south of downtown Phoenix. When they came upon a "suspicious" van at 15th Avenue and Pima Road, Switzer asked the mayor to back him up and watch for anyone who might leave the van as the sergeant walked up to it from behind. Luckily, no one was in the vehicle. "He didn't actually tell me what to do" if someone stepped out of the van, Johnson joked.

"I would have made a lot of noise." Johnson turned into the mayor again for a short break to declare Friday "Michael Carbajal Day." Afterward, he returned to the uniform, the cruiser and the streets. By M.E. Saavedra Tho Arizona Republic The talli lean figure in the dark uniform blended in well with the 15 police officers sitting through a briefing at the South Mountain Precinct on Friday afternoon. But even though he was wearing a bulletproof vest and a uniform, he was not an officer. The man was Phoenix Mayor Paul Johnson, who was spending a 10-hour shift that was to run until early today patrolling the city's streets in a police cruiser as part of "Operation Occupation." The program, which Johnson created, allows Phoenix officials to learn more about city employees' jobs, the mayor said, He has spent at least a dozen days working in various city departments, doing such tasks as.

shoveling granite at city parks and working in the sewers with sanitation workers. "My hope today is to try to get an understanding of how the guy in the field works," Johnson said. He said he also wants the city's police officers to know "that their job is important enough that the mayor takes the time to come out and sec what it is that they do." After a brief tour of the precinct at 400 W. Southern the mayor took some practice shots at the precinct's shooting range. Johnson struck a silhouette target, in the chest several times.

But the mayor was not sure of all ASUgrad triumphs over polio "Ait 4 ff After pulling on his vest, Johnson adjusts his uniform and then squeezes into a patrol car at the start of a 10-hour shift as a Phoenix police officer. The mayor has spent at least a dozen days working in various city departments. A I i 7 By Art Thomason The Arizona Republic Clad in a maroon cap and gown and saying, "I'll be back," education major Karen Jenkins, 43, sat in a wheelchair Friday among her 700 graduating classmates at Arizona State University. "I'm happy," said Jenkins, who was stricken with polio at age 4. "I've already had a couple of job interviews.

"But I'm not finished with school. I'll be back to get my master's degree." Jenkins, who first entered college 25 years ago when there were no public facilities for the disabled, listened intently as ASU President Lattie Coor talked of students "overcoming substantial obstacles" to get their degrees. "To know you can triumph is a significant measure of this day today," he told the summer graduating class during commencement at ASU's Activity Center. The class has about 1,600 members. Jenkins, who sat in the last row, left the University of Nevada at Las Vegas to raise four children after completing her freshman year in 1965.

"There was no handicapped Apartment complex accepts its 1st black tenant Suzanne StarrTne Arizona RepuDiic SCHOOL'S OUTKendra Martin, a political-science major, adjusts her cap before ASU's summer commencement ceremony Friday. parking then," she said, raising a clenched fist into the air. Seated in front of her and nodding in agreement was Jim Harmonson, who also was receiving a bachelor's degree in education. Harmonson, 54, was holding a cane in his left hand. He had been injured six years ago while counseling youths at a juvenile training center in Elko, Nev.

See TM page B2 tenant in the 1 8-year life of the apartment complex, which is facing a federal discrimination lawsuit. "I think it will be a good place to live," said Wesson, a retired maintenance man. "I believe in 'live and let I don't see any problems." Wesson did not liken himself to Rosa Parks, who refused to step to the back of a bus in Alabama in 1955, or to other blacks who have broken color barriers. By David Cannella The Arizona Republic Joseph Wesson will walk into his new Phoenix apartment today and step past an apparent color barrier by becoming the first black to live in the Fellowship Towers. Wesson, 63, who was raised in the South and served in the Army when the armed services were segregated, said Friday that he has no concerns about becoming the the first Mack an apartment but was not shown any units.

The person who processed Lee's application wrote on it, "This man is very black." Penny Willrich, an attorney with Community Legal Services, who represented Wesson, said that in this case, the application process was "surprisingly smooth." See HOUSING, page B2 "That's history," he said. "This is today, and I'm just moving into a new apartment. That's all." Housing activists have accused Arizona Oddfellow-Rebckah Housing owner of the towers, 222 E. Indianola of discrimination in its tenant-selection process. The lawsuit was filed Aug, 2 by the Metropolitan Phoenix Fair Housing Center and John Lee, a 75-year-old black man who attempted to apply for.