The Salina Journal from Salina, Kansas on November 27, 1981 · Page 11
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The Salina Journal from Salina, Kansas · Page 11

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Salina, Kansas
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Friday, November 27, 1981
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Page 11
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Jonmal - FrUtay, November 27.1981 Local-State The Salina Journal Sambo's Restaurants shutdown continues; bankruptcy possible SANTA BARBARA, Calif. (UPI) Sambo's Restaurants Inc. has shut down 447 f>staurnnta nationwide in an effort to eliminate unprofitable operations, but still might go bankrupt if it cannot gain needed financing, a company spokesman said Wednesday. Arthur Dowd, vice-president of administration, said the closures followed an evaluation of individual restaurant operations that begsn Nov. 9. Sambo's Restaurant in SaJino at 540 S. Pro o .dway iccfewl Ma duon about two -w^te ago. Twelve more restaurants were closed across the nation Uiis week, leaving Sambo's with 637 unite in 46 states. Some of the eateries in northeastern states arc called No Place Lifce Sam's. The closures shut down 37 of the 198 Sambo's restaurants in California, where the chain was founded. The only state which will no longer have any Sambo's is Rhode Island, where all four restaurants were closed. Dowd also disclosed that the company has resubmitted to its lenders a restructured agreement for a $100 million loan that the firm defaulted on last month. Bankruptcy possible "If the proposal is rejected," he said, "serious consideration will have to be given to filing a bankruptcy petition." One of the chain's major creditors said Tuesday it seems a "very likely possibility" that Sambo's will have to declare voluntary bankruptcy. Richard Starr, executive vice-president of First Interstate Bank, said major creditors are not inclined to renegotiate loan arrangements with Sambo's. "If they don't come through the first time," he explained, "why should we believe them a second time? It's a matter of credibility." Hours before the closure announcement, Sambo's executive asked the New York Stock Exchange to halt trading on the company's stock. Fraud charged Five men including three former Sambo's executives were indicted Monday by a federal grand Jury in Amarillo, Texas, on charges involving an alleged scheme to defraud the chain and its stockholders of profits. The defendants — including Karl Willig, former Sambo's president; William Wagner, former chief executive officer, and James Harmon, former manager of the chain's cattle feeding program — were scheduled for arraignment in Amarillo Dec. 2. Charges in the 24-count indictment include conspiring to falsify cattle sales records, mail fraud, wire fraud, preparing false cattle sales records and failure to fully disclose their financial interests in the cattle-feeding programs. Dowd said the decision to close down the restaurants had no connection with the indictment. y convicts man of molesting charge Although the 4-year-old victim refused to testify, Robert Rodriquez, 24, 1100 N. llth, was nonetheless convicted by a District Court jury Wednesday of child, molesting. Judge David Knudson, prosecutor Mickey Mosier and even defense lawyer Dan Boyer tried in vain to get the girl to testify once she had been placed on the witness chair. About the only question she "answered" was to give her age, which she did by holding up foi.li- fingers while hiding behind the witness stand. The case, at one time, had been dismissed because of the little girl's reluctance to testily. But when she opened up to a court employee, it gave the prosecution new hope and the charge was refiled. Knudson then permitted the girl's mother to testify about what the child had told her about the molesting incident, over Boyer's objections that it was hearsay testimony. Boyer indicated later the mother's testimony may be a point raised on appeal. The mother had left the little girl with Rodriquez to baby-sit while she was at work June 18. During their time alone, Rodriquez had pulled the child's pants down and fondled her. The jury was not present during the efforts to get the little girl to testify, nor when a child psychologist took the stand to tell of his evaluation of the child and that she was able to relate Man fined, sentenced Tappendick battery Loren Lee Odell, 21, Dodge City, was fined $1,000 and sentenced to 6 months in jail Wednesday for battery of Eugene Tappendick, who died as e result of injuries from an Aug. 7 bar fight. Odell had punched Tappandick, 39, 504 W. Ellsworth, in the face during the altercation ?t the Sale Barn club, K-140 highway. It was while Tappandick was laid out on the floor of the Sale Barn's balcony that another man lifted Tap- pendick'a legs and rolled him down a steflp flight of steps. Tappandick suffered head injuries in the stairway tumble which resulted .in his death Sept. 10 after being hospitalized 34 days at Wesley Medical Center, Wichita. The other man, Eobart Branting, 24, North PJatte, Neb., is awaiting trial in January on a charge of aggravated battery. He remains free on $10,000 bond. Odell, convicted only of misdemeanor battery, was given tho maximum* Jsil sentence for his part in the episode. AaaccJat*/ Judge Gene Fentand dmied Odcll's piss for parole. However, Faoted did order the suspension of the $1,1(00 fine on the condi- tion Odell pay Tappendick's widow $500 as "symbolic restitution" within 60 days. Although the $500 would be a small portion of the medical bills run up by Tappendick before he died, reputed to be around $40,000, it would serve the dual purpose of being some aid to Mrs. Tappendick while halving Odell's monetary penalty, Penland said. Reagan to loosen ties on CIA spying WASHINGTON (UPI) - President Reagan is expected to sign an executive order loosening the restrictions Jimmy Carter put on the CIA to keep it from domestic spying and invasion of privacy abuses. what had happened. But the jury did hear testimony from Dr. Jerold Rasmusson, emergency room physician at Asbury Hospital, who examined the child. She had suffered very minor injuries, he said, which would have been "atypical of a straddle injury." The jury, seven women and five men, took two hours and 45 minutes to decide its verdict. Knudson set the case over to Dec. 17 to hear post-trial motions and for possible sentencing. Members of the jury were: Mabel V. Banning*!-, Brookville; Wilma M. Baals. 1233 Sarah Lano; Bonita J. DeWItt, 1115 E. Ellfworlh; Leon L. Doucette, 421 Russell; Thomai J. Francis, Salina Rt. 2; Walter R. Frederklng, 326 Harlland: Carlo M. Gustln, 432 Venus; Elsie M. Kashkin, 1621 Beach; Elizabeth Mlchaelli, 1004 N. 12th; Jolene F. Peterson, Salina Rt. 1; Steve C. Shinn, 429 Jupiter; Tim Will, Bavaria. Church finds TV show best way to get donations DETROIT (UPI) - A one-hour, fund-raising documentary put together on a shoestring budget with borrowed video taping equipment netted its church sponsor more than $400,000 in donation pledges within a day after it aired. The Rev. William Quick of the Metropolitan Church said Thursday the documentary aired Nov. 7 on UHF Channel 62 in Detroit. It generated $404,902 in pledges from 1,000 people attending services the day after the program was shown. "The question we asked ourselves this year was how best to reach our people simultaneously with the information they needed to make the decision of how much to give to their church." UPI Photo FATAL CRASH SITE — Kansas Highway Patrol troopers and Barton County Sheriff's officers search the wreckage of a light plane that crashed Thursday northeast of Ellinwood, killing five. Plane crash near Ellinwood kills five ELLINWOOD, Kan. (UPI) - Representatives of the Federal Aviation Administration planned to return to the field where a small plane crashed, killing four adults and an infant. Barton County Sheriff Gene Marks said the central Kansas weather early Thanksgiving Day had "a pretty low ceiling and heavy winds," but he did not know if the conditions caused the plane to go down early Thursday in a Kansas pasture. Killed in the crash of the plane that had been en route from Wichita to Hays were the pilot, Mark J. Faber, 19 of Colwich, Kan.; and Wichita residents Sandra L. Fortine, 20; Donna G. Logan, 19; her daughter, Brand! T. Logan, 7% months, and Donna R. Cody, 19. The plane was over Hoisington when last contacted at 1:30 a.m. CST Thursday, Marks said. When it was overdue, search parties were organized. Several fanners in one search party discovered the wreckage about 9 a.m. in a pasture four miles north and four miles east of Ellinwood, a Barton County town about 80 miles northwest of Wichita. The plane had not exploded or burned. The craft was identified as a Cessna 177. Teen killed when thrown before car By United Press International A sportscar spinning out of control ejected its three occupants into the path of a vehicle it had just passed, resulting in the state's second traffic death of the holiday counting period. The driver of the passed vehicle told Kansas City, Kan., police he could not avoid hitting two? of the people thrown onto the roadway. The accident occurred about 6:05 p.m. Thanksgiving Day on Interstate 635. The driver of the sports car lost control of his vechicle when a rear tire blew out shortly after passing the second car. The sportscar slammed into a guardrail and then bounded back to the center of the road, spinning wildly and ejecting two passengers and the driver onto the highway in front of the oncoming car. The second car struck the sports- car's driver, Robert Pettit, 22, Kansas City, Kan., and one of the passengers, Derek Parnell, 15, Stillwell. Parnell died during surgery at the University of Kansas Medical Center. Pettit is in serious condition at the Medical Center and another passenger, not struck by the second vehicle, Jessie Hood, 28, Kansas City, Kan., is in fair condition there. The state's first death of the holiday weekend was pedestrian Kathy L. Health Board may assume operation of animal shelter The Salina-Saline County Board of Health has agreed to recommend to the city and county commissions that the Department of Community Health take over operation of the animal shelter, which now is controlled by the city. Under the proposed agreement, the city would transfer management of the shelter to the health department, but would still supply 85 percent of the funding for its operation. The county would contribute 15 percent toward the shelter's budget. For 1982, the city will put up $70,000 and the county will supply $5,000. The work force would remain the same. The health department agrees to provide animal services within the city limits 24 hours a day. After normal working hours, the health department workers will pick up animals only at the request of the Salina Police Department. Rural service will be on a complaint basis only, according to the tentative agreement. County commissioners plan to consider the agreement at their Dec. 8 meeting. The matter will be on the city commission's agenda Dec. 7. Duckers, 20, who had stopped her truck on US-75 six and one-half miles south of US-36 near her home town of Fairview, said the KHP. Ms. Duckers apparently passed out on the roadway and was hit by a southbound vehicle at 2:40 a.m. Another Kansas woman was killed in a tractor-trailer accident near Harrison, Ark., late Wednesday. Julie A. Larson of Parsons, Kan., was riding in a truck whose air brakes failed on US- 65 five miles north of Harrison. The truck turned on its side, slid down an embankment and overturned twice. And a Kansas City, Kan., man died in a one-vehilce accident Thursday morning on Interstate 70 in St. Charles, Mo. John Jenkins, 31, died when his car left the highway and overturned. Cuff Stuff Members of the Smoky Hills Audubon Society will sell sunflower seeds for feeding birds from 9:30 a.m. to 5 p.m. Saturday, Nov. 28, at the entrance of Gebhart's Hardware and House- ware, 110 N. Santa Fe. The seeds have been cleaned and packaged in 33-pound bags. Cost is $8 for members and $10 for non-members. Assistance in carrying the bags to can will be available. Assault trial after Salina siege tops court schedule "Vegaawynn Platinum Rose," a smooth fox terrier, took winners bitch for a three point major to win its championship Nov. 21 at the Com Husker's Kennel Club Show, Uncoln, Neb. The dog was handled by Karen Tinkler, 2137 Brookwood Lane. It to co-ownM by Tinkler and Dale tod Pauline Breu, Wichita. By ROBERT ENTRIKEN Jr. Staff Writer The case of Randall C. O'Brien, the 24-year-old itinerant from Kansas City, Mo., who became involved in a four-hour armed siege with local lawmen at a rural Salina home last July, is the top case on the December District Court jury trial schedule. O'Brien faces two counts of aggravated assault of a police officer. He had held off a phalanx of Salina police officers, Saline County sheriff's deputies and Highway Patrol troopers in a July 29 episode which ended in a flurry of gunfire when he was driven from the Terry Hopkins home, Salina Rt. 2. He had wandered to the home from nearby 1-70 and was discovered there by one of the Hopkins children. The family called lawmen. Shots fired During the siege, the man in the home fired two shots with Hopkins' .SOSO rifle, one narrowly missing Deputy Pat Endsley, the other a near-miss of Sheriff's Lt. Al Augustine which struck the car of Salina Police Chief John Woody. The siege ended after tear gas bombs were fired into the home. O'Brien was wounded twice by gunfire as be fled the home. In a court hearing Oct. 28, O'Brien was determined competent to stand trial, following a two-month evaluation at the State Security Hospital, Lamed. He remains in jail in lieu of $40,000 bond. The trial is scheduled for Dec. 17 in the courtroom of Judge David Knudson. The case is one of 13 trials — four civil lawsuits and nine criminal cases — scheduled for December. Five are scheduled before Knudson, and Judge Morris Hoobler has seven. Another has been assigned to Associate Judge Carl B. Anderson Jr., McPherson, as all the Saline County judges disqualified themselves because the plaintiff is a local lawyer. The schedule: Dec. 1 - Mike Losik III, 2608 Deborah Drive, has filed a lawsuit against Elly Drown, 2400 Village Lane, seeking payment of $6,815.48 allegedly owed for an October 1980 contract for construction of a duplex. Drown has filed a counterclaim for $56,140 alleging negligence and breach of contract in the construction rt -dting in increased cost and a need to replace the driveways and redo other parts of the work, plus the sale of half the duplex at a loss to finance the additional work. The case also has been given a second date as an alternate on Dec. 17 if it is not tried Dec. 1. Judge Hoobler. Dw. 1 — William Joseph Mencanin Jr., 20, 860 Navajo, is set as an alternate in the event the Losik-Drown lawsuit does not go to trial. He is charged with a Sept. 29 petty theft of an AM-FM/stereo/tape player valued at $149 from Carolyn Ann Burt, 34, 705 W. Iron, with an alternative charge of unlawful deprivation of property (he could be convicted of only one, not both). Mencanin is free on $2,000 bond. Judge Hoobler. Dec. 2 — Lynn R. Johnson, 36, Lake Quivira, has demanded a jury trial on a ticket be received Oct. 9 for speeding 6$ raph in a $5 zone on 1-70 east of Salina. A lawyer, John- son received the ticket while driving home from trying a case in the District Court here. He has posted his driver's license in lieu of bond. Judge Knudson. Dec. 4 — Lawrence David Davis n, 18, 246 S. Santa Fe, is charged with the Oct. 15 burglary of the Famous Brands Distributors warehouse, 149 S. 4th, and grand theft of two cases of Jack Daniels whiskey valued at $180. He is free on $5,000 bond. Judge Knudson. Dec. 9 - Lee D. Smithee, 49, 2102 Brookwood, and his son, Gary Smithee, Harrisonville, Mo., both are charged with giving a worthless $3,481.68 check July 17 to Ruff Farms, Mansion. It is alleged Gary wrote and delivered the check at Lee's direction to refund money paid for electronics gear. Both are free on $5,000 bonds. Judge Hoobler. Dec. 9 - Richard Dwayne Ebert, 33, 322 N. 13th, is set as an alternate to the Smithee cases. He is charged with an Aug. 27 aggravated assault of Patrick Robert Deal, 31, 521 S. llth. Deal intervened in a domestic dispute between Ebert and his estranged wife, Jerry Ann, 30, when Ebert appeared at the Sale Barn club, Highway K-140, armed with a .243 rifle. The weapon fired once, but no one was injured. Ebert remains free on $2,000 bond. Judge Hoobler. Dw. 10 - Kim Patricia Madkins, 20; Mar- Tye Alois Madkins, 27, and possibly Anthony Paul Harper, 28, all of Junction City, are scheduled for trial on a charge of grand theft of a leather coat valued at 1220 from Calboun's, 2018 S. Ohio, on Oct. 9. Kim allegedly shoplifted the coat while the other two distracted store clerks. Harper has not yet been bound over for trial, but is to be tried at the same time as the Madkinses if he is bound over prior to the trial date. Judge Knudson. Dw. 11 - Michael A. Clench, 18,1120 Andrew, is charged with driving while hit license was revoked. He lost his license in an Oct. 20 court bearing and court clerks saw bun drive away from the courthouse that day after surrendering Us license. He is free on $500 bond. Judge Knudson. Dw. 14 - Salina lawyer Philip R. Henig and his wife, Gloria Herzig, 2243 Edgehill Road, have sued E.P. Francken and Mary Frannken, doing business as Francken Companies and Francken Development Company, 758 Moundview, for $25,000 alleging breach of contract for defects in the construction of Henig's law office at 258 S. Santa Fe. The Franckens have countersued for $16,877.49 allegedly still owed for the construction work, and have filed third-party petitions against two subcontractors, Cannon Homes, 2058 Norton, and Midwestern Foundations, Salina Rt. 1, seeking indemnification of any judgment the Heraigs might win. Judge Anderson. Dw. 15 — Sauna Volkswagen Inc., doing business as Carpenter Motors, 833 E. Crawford, has sued its former manager, H. Gene Ellis, 730 Fairdale, for $4,229.94 alleging Ellis failed to turn over title to a 1972 Winnebago motornome be bad sold the company but kept when he left. Ellis claims the mo- tornome sale was induced by fraud and should be canceled. He also baa countersued for a month's salary of $2,000, plus 10 percent of the company's profits be claims is due him under his employment contract. Judge Hoobler. Dw. U - Ronald Ray Kibler, 20,1200 W. Crawford, Is set as the alternate to the Car- Oils lawsuit. He is charged with an peoter-EUI OciWbu JO burglary of a car owned by John R. Ferret, 941 Lewis, and petty theft of two speakers from the car. He remains in Jail in lieu of $2,500 bond. Judge Hoobler. Dw. 17 - The Randall O'Brien trial. Judge Knudson. Dw. 17 - Topliff Truck Line, 746 N. Santa Fe, has sued J. Barton Webster, 608 S. Phillips, for $1,800.02 alleging damage to one of its trucks when it struck an overhanging tree limb June 3 growing from Webster's property. Topliff claims Webster was negligent, and in violation of a city ordinance, by allowing the limb to "overhangJn such a haz- ardous manner." Judge Hoobler. Dw. 17 - The Losik-Drown lawsuit, if it was not tried Dec. l, as an alternate to Topliff-Webster. Judge Hoobler. Called for the December jury panel are: John W. Ba»tin,'685 Starlight; Michelle Benson, 813 E. Minneapolis Sharon D. Belts, 309 N. Columbia,- Kenneth E. Bremerman, Tescott: Janli C. Butler, 512 Crestwood; Teree 1. Caldwell, 415 E. Crawtord; Cecil Camarena, 2065 Wesley; Caylord J. Campbell, 121 Augusta; J.R. Carnes, 5U E. Be- lolt; Morjorie Clark. Salina Rt. 1; William E. Coburn, Assarlo; Georgia K. Crandall, 313 S. 5th; Max Cromwell, 517 W. Iron; Nora E. Davidson, 416 Otto; Patrick J. Dabold, 1118 W. Republic; Harvey E. Dlsque, 860 Plaza Drive; Krlsta Doyle, 2335 Qulncy; Mlliord W. Dun- Stan, 840 Kenlson Road; Patricia G. English, 1434 Prospect; June A. Ewy. 401 Scott; Charlotte Foiel, 934 Birch; Diane R. Flanagan, Smolan; Gary For- riital, 678 S. 5th; Julie Francis, Kansas Wesleyan; laVern E. Haefele, 2118 Roach; Donald R. Hamilton, 433 S. 9th: Donna K. Harland, 1617 Hickory; Susan M. Hotfield, 2027 Raymond; Beverly J. Hollls, 417 Reed; leVonne Ives, 2109 Norton; Evalene E. Johannes, 416 Putnam; Steven Knowles, Salina Rt. 2; Herbert O. LoBarge. 821 Custer; Howard E. lamer, 2134 Norton. Debra K. Llpker, 2140 E. Crawford; Helen I. lopshlre, 625 S. 4th; Carolyn J. lundgrln, 2330 Edgehill; Edna L. Lyster, 213 S. Delaware; Pink Mallon, 1321 N. 9th; Rita M. Marx, 947 Lewis; George W. McColl, 420 W. Belolt: Max I. McCllntock. 435 Claremont; Virgil L.D. Mlchaelli. 2032 Harold; William Mondt Jr.. 2206 Shallmar Drive; Jeanne I. Morrell, 414 Albert; Dennli Morris. 211 E. Prescoll; lots Nichols, Salina Rt. 4: Kenneth A. Ostrander. 2137 Hillside; Erma M. Pack, 729 Ralph; Sandra Porker, 732 Banner Circle; Charles W. Pence, 212 N. Columbia: Julie M. Peters, 675 S. 3rd; Melvln Potts, 713 Ralph; laVerne I. Radke, 639 Scott; Mary E. Rasher, Solomon; Hershel I. Roy. 166 W. Republic; Kathellne Rlylr, 201 E. Clallln; Joel S. Schrog, 120 E. Wilson; Michael J. Shofer. 304 Scott; Edward D. Sherraden, 1206 Rooch; Cora A. Sims, Salina Rt. 1; Catherine Sparks, 1644 Beverly Drive; Gregory Stack. 827 S. 5lh; Jo- ben K. Stein, Gypsum; Dorothy I. Thomas, 810 ^lichen Turpen. 1202 S. 9th; Barbara A. On- rein, 1009 Harold; Craig Van Blarlcon. 610 Gypsum; Ronald D. Vance, 1329 W. Cloud; Harold M. Van leeuwen Jr., 817 Harold: Clinton N. Vestal. «36 Navao: Ricky Walters. 922 Manor Road: Jgnli £• £,!•?"•• Jr i 1 " 1 "^: *<*ert Williams Jr., W Windsor; Claude 1. Wilson, 123 Manor Rood; ^'i.? 0 ?* " WKh! ?'«*•'•• Cockers, »3» d; Edith lakle Youngdahl, 22} S. Penn. ,

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