Arizona Daily Star from Tucson, Arizona • Page 16

Page Two Section jf Arizona Dailo Star Tucson, Wednesday, April 17, 1991 Bias investigator files own suit against PCC i. 77 mm itMn.Wi -T IIIIHI li.rn,i iTi" yy j--- By Margo Hernandez The Arizona Dally Star A man who investigates discrimination claims has filed his own suit, alleging that Pima Community College discriminated against him when it hired a less qualified woman as affirmative action officer. James Burchell, 42, said the college did not hire him because he is a man and in retaliation for supervising or investigating discrimination charges against the college. In violation of the Arizona Civil Rights Act, the college hired a less qualified woman, the suit said. One of Burchell's attorneys, Sarah R.

Simmons, said only that the investigation at the college was one that could have resulted in civil rights violations. The suit asks for an unspecified amount in punitive damages and for compensatory damages of no less than $30,000. "I can tell you unequivocally that the allegations in his lawsuit are untrue," said Ron Stolkin, attorney for the college. Stolkin said that the college has always had a good relationship with the Civil Rights Division of the Attorney General's Office. "I can't think of any charge Jim was involved in where the allegations were found to be true," Stolkin said.

Stolkin also said that Burchell asked him for a letter of reference in applying for the Pima College job. He said Burchell would not have asked for the reference had there been a bad relationship between the organizations. Stolkin said he did not write the recommendation because of a conflict. He said he finds the events surrounding the position almost humorous. The person hired for the job, Elinor Nelson, has filed her own suit against the college, he said.

Burchell, one of four finalists, has filed suit while another finalist has threatened to sue the college saying she was not hired because she is a woman, Stolkin said. The college hired Nelson in March 1990 amid criticism from civil rights groups who said she did not meet the necessary requirements. In September, Nelson filed a $5 million lawsuit against the college in U.S. District Court alleging that she was "treated unequally and denied her civil and constitutional rights by the defendants." Stolkin said the college board has voted not to renew her $51,665 one-year contract when it expires in June. There is no reason Burchell cannot compete for the job now, Stolkin said.

Nelson currently is employed as an adjunct assistant professor with the University of Arizona College of Education. Burchell is the compliance supervisor for the Civil Rights Division of the Arizona Attorney General's Office. He was an investigator with the department at the time of the Pima College investigation. Bruce McClelland, The Arizona Dally Star A Volkswagen Rabbit was hit on the driver's side door, killing its occupant, a 34-year-old man 3-vehicle accident kills 1, hurts 2 By Donlne S. Henshaw The Arizona Dally Star One man was killed and two others were injured yesterday in a three-vehicle crash at Speedway and North Stone Avenue, Tucson police said.

Traffic was rerouted for about three hours while detectives investigated the accident, which occurred in the intersection at 7:03 a.m., said Sgt. Roberto Villa-seflor, a Tucson Police Department spokesman. Witnesses told police that a 1988 white Dodge sedan was traveling south on Stone when the driver, Nicholas Bellantoni of Catalina, allegedly ran a red light, Villa-sefior said. The Dodge first struck a 1983 Honda motorcycle that was traveling west on Speedway, he said. The driver of the motorcycle, Charles M.

Hicks of the 5800 block of East Elida Street, stayed on the motorcycle as it slid on its side to the left turn lane of eastbound Speedway, where it stopped. Hicks, 32, was not seriously injured. Villasenor said the Dodge continued through the intersection and struck a 1980 light blue Volkswagen Rabbit, which was traveling east on Speedway, killing its driver. The Volkswagen, driven by Kelly J. Durst of the 2400 block of West Altero Drive, was hit in the driver's side door, crushing the door well into the driver's seat.

Durst, 34, was not wearing a seat belt, but "this is not the type of accident that seat belts are designed for," said Detective Sgt. Larry Lawrence, who is in charge of the traffic unit. The Dodge spun and came to rest on the curb between Stone and De Anza Park on the south side of the intersection. Durst was pronounced dead at University Medical Center, police and hospital officials said. Hicks was treated and released at Carondelet St.

Mary's Hospital Health Center, a nursing supervisor said. Bellantoni, age unavailable, also was taken to UMC, where he was listed in serious condition in the intensive care unit, said George Martinez, a UMC spokesman. No citations were issued, and the investigation was continuing, Villasenor said. Tucson murderer, 26, gets life term in prison W1 I A Tucson man convicted of murdering a long-time friend was sentenced yesterday to a life term in prison. Nicholas Capanear must serve 25 years in prison before he will be eligible for parole.

Capanear, 26, was convicted by a Pima County Superior Court jury last month of the shooting death of his friend, Peter Jaworski. He also was convicted of burglary, aggravated assault and unlawful imprisonment stemming from the shooting incident at Jaworski's house. According to a pre-sentence report, Capanear borrowed a gun shortly before going to Jaworski's home in the 3800 block of North Tyndall Avenue last May 24. Capanear had been evicted from the house a few weeks earlier after an argument. When he arrived at the home during the early morning hours on the day of the murder, Capanear encountered Jaworski's girlfriend, Michelle Whalen.

He confronted Wha-len as she left to go buy cigarettes and told her that he only wanted to teach Jaworski a lesson, the report said. Alfred Beigel funeral to be held today A funeral service will be held today for Alfred Beigel, 81, a retired language scholar who died Monday night of a heart attack. The service will be at 11 a.m. in the chapel of Evergreen Cemetery Mortuary and Memorial Park, 3015 N. Oracle Road.

Burial will follow. Beigel was born in Vienna, and earned the equivalent of a doctoral degree in German language and literature from the University of Vienna, but was forced to flee Austria in 1938 when the Nazis took over, said his son, Allan Beigel, who is a vice president of university relations at the University of Arizona. Alfred Beigel immigrated to the United States and went to Cincinnati but couldn't get a teaching certificate at the time because of his nationality and war hysteria, his son said. He later worked in the wallpaper and paint business in Cincinnati for 23 years. Beigel went to the University of Cincinnati in 1964 and received a second doctorate in Ianguagues, the son said.

Alfred Beigel then took a job as an assistant professor with the University of Dayton in 1966, and a similar-job with Xavier University in 1972. He retired in 1883 and moved to Tucson, where he taught adult education courses at Anshei Israel, synagogue, 5550 E. Fifth until last year. He also had an "oustanding" coi lection of German literature books, Allan Beigel said. In addition to Allan, Beigel is survived by his wife, Mary, of Tucson; another son, Herbert, a Chicago lawyer; and four grandchildren.

The family suggests donations be made to the rabbi's fund at Anshei Israel. crash was drunk cent constitutes legal intoxication. Pierce died from injuries he received after his westbound car hit a power pole on East Glenn Street near North Park Avenue, says the report. Witnesses said Pierce appeared to be driving normally and then suddenly accelerated and drove through a stop sign at Glenn and North Mountain Avenue, according to the report. The car went off the road and hit the power pole, the report states.

The autopsy found no evidence of a medical problem, according to the report. "Yeah, we wouldn't have to go to the plasma donor center as Leal added. The mayor's salary should be one and a half times the supervisors' salary, the committee agreed, but salary increases for the mayor and council members, if approved by voters, would not become effective for four years. The committee also agreed with a proposal that vacancies on the council should be filled by an election concurrent with the nearest city election while an interim appointment to council is made. Petitions for marriage dissolution BRACAMONTE, Jana Dee and Joseph Daniel.

HUERTA. Ronald Q. and Blanca M. BERKE, Linda B. and Philip A.

PALMER, George Timothy and Care-hn Elaine. REED, Sueanne Lee B. and Part William. LEE, Christine Ann and Tony Huey Jr. TIMM, Ingrid and Chuck.

HUGHES, Stephanie Marie and John William, DuBCNS, Mark Thornton and Lois DINKEL, Denise Margaret and Michael Alan. BLY, Frances R. and Patrick Lee. DAVIS, Mary J. and E.

Edwin. CASETTA, Sandra Gal and Michael James. MARTIN, Aime Elizabeth and Robert Randal. KVENVOLD, Thomas and Cindy. KARUL SKI, Patricia Ann and James.

RHOTENBERRY, Pennie Jean and Jimmv Paul. MAY, Kimberty M. and John R. GUTIERREZ, William and Tammy Lyrm. PETERKIN, Sheila and Peter.

Decrees of marriage dissolution DUNMIRE, Annia and Richard Lewis. BLASTIC, Denise Danene and Thomas AAartm. DICKSON, Janice M. and Richard CASTANEDA, Joe V. and Robvn.

GRIMES, Mary P. and Lester FARMER, Barbara Ann and Stephen BOND, Kimberty Ann and Hugo Jrn SCONZA. Sandra and Chrislpher J. ASMS ACHE Brandy and Todd R. DEATHS BEIGEL, Alfred.

II, Tucson, Aprl 15, Evergreen. BR'GHTWELL, Gtadvs age unavailable, April 15, South Lawn. BROWN, Jack Tucson, Aprl Palm's BURGESS. Albert, as, Tucson, Aprl 14. Adeir-Avann.

J- April 14, Pawn's. Tucson. April 13, Tucson. CWLDS Minon, 73, Tucson, Aprl Adair-Dodge. Tucson, Aom IS, Adac-Oooge.

HEAL, Kewn 42. Tucson. Aarl 15, Br no's Memorial GMTER Rusm 7, Tucson. Aarl 15. Brings Broadway.

JACKS Herman 75, Tucson. Aart 15 Swan. LONG. John 43, Tucson, Aarl 14, Brmg Broadway. neal.

Okver J. Jr. 71, Tucson, Evergreen ME NOBLES, Augustine "vtera," J1, Tucson, Apri (3. AoeiT'Dodge MESGASD Vcw. 71 Tucson.

Awl 14 tV-mg-s Broadway. SORBtLL. Bevenv "Peter- 17, Tucson. Apri 15, East Lawn. QuKOZ.

Aicia. 70, Tucson. Aarl Tucson. jiZ, FrencUce i Douglas. Aprl Brvys Memorial TELLER.

Frank, 75, Oracle. Aprl 14, hr'l sco America M. Tucson. Aprl Prosecutors to file no charges in northwest-side shooting death Whalen left and Capanear confronted another friend, who came out of the house to investigate the struggle he heard between Capanear and Whalen. Capanear told him that he would blow his head off if he got involved.

After the friend left, Capanear broke a window to enter the house. He confronted the victim and shot him in the chest. Jaworski's own gun was found on the floor near his body. Capanear fled to the home of another friend, where he admitted shooting Jaworski, according to the report. He then called a taxi and drove around town before telling the driver to take him to Benson.

After the driver left Capanear at a motel, he called Benson police to report a possible homicide. In addition to life, Capanear was sentenced by Judge Leslie Miller to 10 years for burglary, 7'2 years for aggravated assault and six months for unlawful imprisonment. All sentences will be served concurrently with the life term. Robert Cox, a homicide detective with the Sheriff's Department, said Ferro fired the shot that killed Bacinski. But, Peasley said, "there is no substantive probability that the state would be able to prove at trial that Mark Ferro was not acting in self-defense." Cox said Ferro's wife, Robin Ferro, shot and wounded Hanna, who also lived in the Ironwood Ranch casitas, during the brawl.

County authorities also will not try to prosecute Robin Ferro, Peasley said. Mark Ferro received minor injuries in the fight and Robin Ferro was uninjured. ing in such practices in the future. It also seeks restitution to victims, a fine of $10,000 per violation for an unspecified number of violations and payment to the state for all its investigative costs. World Rental's lawyer, Marty Aronson, said that the final prices were below those of competitors and that the ads were comparable to those used by other dealers rate not allowed to grow by more than 1,000 cfs per hour or be shut down by more than 500 cfs an hour.

Greater upsurges in water volume scour sand off beaches in the Canyon, said Gail Peters, American Rivers state director. "As the water is turned off, the water falls rapidly and pulls the sand off the beaches," she added. She said the irregular water releases from Glen Canyon Dam were eroding the Grand Canyon's sandbars, beaches, walls and archaeological sites. Barry Wirth, a spokesman for the bureau's Upper Colorado regional office in Salt Lake City, responded that the bureau was doing everything possible to incorporate environmental concerns into its opera The Pima County Attorney's Office will not file charges in connection with a February shooting death during a northwest-side neighborhood dispute. Deputy County Attorney Ken Peasley said the office believes it cannot prove that the Ironwood Ranch shootings of James C.

Ba-cinski and Keith Hanna were not in self-defense. Bacinski, 31, of the 7500 block of North Cortaro Road, was killed in the midst of a fight involving several people and various weapons. Peasley said the County Attorney's Office investigation of the slaying focused on Mark Ferro, who lived in the 6500 block of West Ina Road. Man killed in Friday An autopsy showed that a man who died Friday in a one-car accident was legally drunk, according to a police report. The man, who traffic investigators first believed suffered a heart attack, had more than three times the legal limit of alcohol in his bloodstream, the report said.

Arthur R. Pierce, 56, of the 10200 block of Valle del Oro Drive, died at University Medical Center after the 2:52 p.m. accident, according to the report. An autopsy by the Pima County Medical Examiner's Office showed his blood-alcohol level was 0.34 percent, states the report. A 0.10 per Charter Continued from Page IB salaries of the Pima County Board of Supervisors.

Supervisors, whose salaries are set by the Legislature, make $40,250 a year, with the rate increasing to $42,000 next year. "They do exactly what we do," said Wheeler. Council members are paid $12,000 a year. "I could live on $40,000 a year," Wheeler said. PUBLIC RECORDS BIRTHS Untmytv Medical Center Annette end Jonathan Irish, girt, April 10.

Juanlts Seville, girl, April 10. Veriene and Luis Dominguez, boy, April 10. Iris and Michael Bass, bov, April 10. Christina Tuck and Steve Vining, girl, April 10. Christine and David Rowley, bov, April 10 Maria Oiea and Tony Avila, girl, April 10.

Ronda and Sabas Roias, bov, April 10. Eva and Ralael Peralta, bov, April 11. Isis Lopez and Rudy Pierson, bov, April 11. Julie and Marco Ramirez, girl, April Artene and Anthony Garms, boy, Aprl 11. Antoinette Peterson and Reynaldo Gonzales, girl April 11.

Jenniter Soft and Salvador Floras, girl, April II. Mirna and Gilbeno Mercado, boy, April 11. Jeri and Stephen Larimore, boy, April Maria and Ronald Brown, bov, April 11. Nanette Huston and Carl Forman, bov, April II. Catherine Reedy and Daniel Pratl, bov, April 11.

Oodulia GraniHo, bov, Apr 11. Soma and Jeffrey Kane. boy. Aprl 11. Julie Whiltaker, girl April It.

Norma and Martin Loss, bov, April 11. Lorena and Tom Pazos, girl, April 12. Sherry and Robert Richler, girl, Apri 12 Catherine and Jeffery C-tunt, girl, Aprl 12 Estetta and Ruben Ouiroga, gel, Aprl 12 Michelle Borquez and Ray Walker, gin, April 12. Abbv Aguilar, boy, Apr! 12. Maria and Ronald Arvizu, gin, Apr! 12.

Lisa and David Dungen girt. April haoel Pesoueira and Rudy Arevak), bov, Apr 12. Barbara and Thaddeus Eart. girt, Aprl 12 Lauren and James Sonomme, boy, Aor 13. Beth Morrison and Charles Gutierrez, bov, April 11 Kami and James Lecert, girt, Aprl 13 rza and David Scott bov, Aprl II Manna Osorio.

gl. Apr 13- stela Reves and Feoerka Martinez, girt. Apri II Kamryn and John Agee girt, Aerl 13 Meda and Samuel Cokns, girt, Aprl 13. Tucsao Mtdk Cmur Svtvia Alvarez, bov, Apri 12. Paula and Roger Acen.

boy, Aprl 11 Victoria Brvinca 9 Aom It Susan and nMm Fairbanks, bov, Apr 12 Ka'he'ine Garcia Aen rt Gretcnen and Steven Huoer, My. Aarl 12 Suzanne and Gerardo NOta. girt. Aart 12 Juena Lunt, girt Apr Jeanme and Joe" Mann Aarl ri Mary and Thomas Maoenoen. bov, Apri 12.

Co and Michael Panegtaan. twt, Aon! 12 Aooga) Trwce st 1 Martez pr 01 Tarma and Par Seoaes. s1. Aarl Emma and Gregory Caotfv. bev, Apr! Pauline and Simon Marfisa Ruiz, girt, Cynthia and James April 14.

Linda and Paul Priscilla Ribera, girl, Cherree Bennett, Monica Kelly, girl, Maria Rivera, boy, Rhoda and Mark Janet Romero, girt, Pamela and Gary Northwest Tera and Alan Sklar, Lucia and Raul Marriage John R. Liddle, 42, A. Schwatken, 42, Gregory James and Amy Louise Michael Shawn and Katharine Marie Timothy Louis and Margaret Ann Robert J. Hammond. Shyroon Hammond, Victor Ugo Panizzon, Barbara Nan Green, Duane R.

Rogers, Geraidine Elaine Diego. Herbert Glenn and Rhonda Marie Juan Pedro Rotnes Iram Y. Ceballos, 31, Kirk Edward Emig, end Krishna Lvtvt WiHiam Brendan Texas, and 37, Tucson. Leslie Steven Fletcher, Ruth Demece Gregorv, Kevin Maurice and Cheryl Richard Camargo and Gloria AMandrma Daniel Samuel and Shari Ann Linn, Issah Michael Twal. Norma Irene Echeandia, LvW Wood.

23, Ann Marie Chase. Rene Arias Lwan. Ivonne Hen-erb, Chrislooner Brian and Tina Leigh Daniel Mark Roeouck. Hooe JoAnn Keemg. Dean Jerrv Lemon, Victoria Yvonne Miguel Angel Tucson, and Maria Zamoada Torres 24, Jacob Dane Garcia.

Dor pen Ann Narcno, Rov Garcia. 79 Jovce Ca-er. 29, Hugh Wavne FVk, and Ameer 21. Tucson Alfred wam and Lori va Li. 21.

Tucson, 34. Tucson. Ray Clark to run as Republican for Ward 4 seat By Chris Limberis The Arizona Dally Star Ray G. Clark, a carpenter and longtime Democratic activist who switched to the Republican Party last year, announced his candidacy yesterday for City Council in east-side Ward 4. Clark, a failed candidate for the council in 1977 and for the state Senate in 1982, said in a speech to the Pima County Republican Club that the city "is crying out for help." "This is an anti-people, anti-business City Council," Clark, 42, said.

"There is going to be a great trial here this fall. The City Council is going to be on trial and the (county Republican Chairman) Linda Barber is going to be the chief prosecutor." Clark accused the council of "being guilty" of not favoring "free enterprise," and "wasting taxes and hurting people." Clark criticized incumbent Ward 4 Democrat Roger Sedlmayr for pushing for a quarter-cent sales tax to pay for a baseball stadium to attract a major-league team for spring training. Clark, owner of Construction, is a former three-term chairman of the legislative District 9 Democratic Party. Drownings Continued from Page IB ing cardiopulmonary resuscitation to the child, Kastigar said. The boy, who was pronounced dead at Northwest Hospital, was believed to have been in the pool between 45 minutes to one hour, he said.

The victim of the second drowning was a 66-year-old New York man who was found by his wife in the pool at the Executive Inn, 333 W. Drachman St. Jack Hyman, of Fresh Meadows, N.Y., had been swimming in the pool with his wife shortly before the 1:52 p.m. accident, said Ogden. Hyman's wife left the dooI area for about 1 0 minutes and when she tions at the dam.

The public has until May 10 to comment on a proposed environmental impact statement that so far has identified 10 alternatives to variable flows from Lake Powell behind the dam, he said. The alternatives range from a reregulating dam about 14 miles downstream at Lees Ferry to a policy of matching outflow to the amount of water entering Lake Powell in effect, following the natural cycle of flood and drought The group listed 15 other "threatened rivers," including the Verde River in Arizona. Peters said the Verde River, which the Arizona Rivers Coalition is pushing for wild and scenic status, was included on American Rivers' Geller, girt, April April 13. Broderk, girt, Cavlglia, boy, Aprl 14. April 14.

boy, April 14. April 14. April 14. Quiiada, boy, Apr! April 14. Smith, girt, Aprl 14.

Hospital girl, Aprl 11. Otcese, girt, April 13. DOMESTIC RELATIONS licenses The Arizona Daily Star Ray G. Clark A conservative, he often fought bitterly with the moderate and liberal factions of the Democratic Party. Clark also has served as vice president and president of Carpenters Local 857.

He went through a long list of what he called examples of waste, ranging from traffic diverters in the Blenman-Elm Neighborhood, to the canceled waste-transfer station near Freedom Park, 5000 E. 29th to maintenance of palm trees in street medians. Part of Clark's anger with the council comes from his battles with Tucson Water, which he accuses of leaving one of his properties without water after moving a meter, causing his trees and other vegetation to die. returned she found her husband at the bottom of the pool, Ogden said. Paramedics administered cardiopulmonary resuscitation to Hyman before transporting him to University Medical Center, where be died, Ogden said.

On Friday, relatives found an 8-year-old, physically handicapped girl drowned in the bathtub of her home, said Ogden. Since January, three adults and two children have drowned, Ogden said. In addition to pools, the drownings have occurred in a bathtub and a hot tub. In 1989, there were 14 drownings in Pima County, said Theresa Sainz, a supervisor for county Vital Records. She said drowning statistics for 1990 have not been compiled.

secondary list of 15 rivers that are threatened. The Verde's problem is groundwater depletion, Peters said. Oregon's Klamath River topped the list of endangered rivers last year, but now appears on the list of 15 threatened rivers because state officials have denied a permit necessary to proceed with construction of a water diversion project proposed near Klamath Falls. Missing from this year's list altogether is the South Platte River in Colorado, which was second last year after topping the list in 1988 and 1989. Group leaders are confident actions taken by the Environmental Protection Agency last year will prevent construction of the proposed Two Forks Dam on that river.

State accuses auto dealer of using deceptive ads PHOENIX (AP) The state Attorney General's Office filed a consumer-fraud lawsuit against World Rental Car Sales Inc. yesterday claiming the Tucson and Phoenix dealer jacked up prices before offering supposed discounts through deceptive advertisements. A lawyer for the company denied the claims. The civil suit seeks a court order blocking the company from engag Rivers Continued from Page IB proposed Grand Canyon Protection Act, introduced by Sea John McCain, in the Senate and by Rep. George Miller, D-Calif in the House.

Under existing operational regulations, the bureau may release up to 31,500 cubic feet of water per second from the dam near Page in extreme north -central Arizona. The agency is required to release only 1,000 cfs in winter and 3,000 cfs in the summer. The coalition suggested reducing the range to 20,000 cfs maximum and 8.000 cfs minimum, with the Tucson, and Diana Tucson. Moore, 37, Tucson, Craig, 30, Leming, 19, Tucson, Hackett, 17, Tucson. Johnson, 44, Tucson, Fairfield, 29, Tucson.

52, Tucson, and 39, Tucson. 27, Tucson, and 36, Tucson. at, Tucson, and Hobwicki, 31, San DeFrates, 30, Tucson, Estrada, 29, Tucson. 21, Tucson, and Tucson. 25, Bovce.

La Webb, 22, Tucson. McNamara, 41, Austin, Barbara G. Freeman, 21, Tucson, and 22, Tucson. Moreau, 21, Largo, Louse Niion, 19, Tucson. Looez, 37, Tucson, Palme, 41, Tucson.

Hofstadter, 32. Tucson, 30, Tucson. 79, Tucson, and 23, Tucson. Deary, Idaho, and 29, Tucson 23, Tucson, and Patricia Tucson. Johnson, 27, Tucson, Lauver, 20, Tucson.

23, Tucson, and 23, Tucson, and Snoson. II, Tucson. Rooriguez Bamett. 2a, De Los Angeies Tucson. 71, Tucson, and 21.

Tucson Tucson, and Lisa Tucson. Roberts. 24, LXUnXd Rene Underwood. Rv Jr 31, Tucson, Bowman-stncluand, 32. Tucson.

and Qingei Weng,.