The Burlington Free Press from Burlington, Vermont • Page 23

Tha Burlington (Vt.l Froo Press, Friday, March 25, 1988 5B Mother, son battle in court over missing man Court roundup were found in Colchester a few days later and his four-wheel drive vehicle was found three weeks later in Williston. Essex Police have said the case remains under active investigation and as recently as early February detectives traveled out of state to trace a lead. Wilfred King III built the house before his marriage on land given to him by his parents, Wilfred and Lillian King who still live next door. quest to gain sole ownership of the property and to have her husband declared dead. In the latest action, Joey King, 20, has filed suit against his mother asking the court to declare Wilfred King III dead and to find "Diane King procured her husband's death," according to court documents.

The suit also requests that a constructive trust be established and supervised by the Probate Court. Diane King's lawyer, Thomas J. Donovan, declined comment on the new case. She has until early April to respond to her son's murder his father in 1980, and therefore should not benefit financially from his death. Diane King filed suit in late December to have Wilfred King III declared dead because he has not been seen since Oct.

24, 1980. Mrs. King, who has refused to cooperate in the police investigation, wants ownership of the house, which she could then sell, authorities have said. This month, Joey King sought party status in the Superior Court case and said he believed his mother was responsible for her husband's death, court documents show. Diane King then petitioned the court to dismiss her own re Wilfred King Ill's body has never been found and nobody has ever been charged in criminal court in connection with his disappearance and apparent death, officials said.

There is less burden of proof in a civil suit then in a criminal case. In a criminal case, the jury must believe the crime committed was done by the person charged "beyond a reasonable doubt." In a civil case, the jury must only find there is a "preponderance of the evidence" against the person being sued for the alleged act. Wilfred King III was last seen as he left his home Oct. 24, 1980. His blood-stained metal crutches By Mike Donoghue Free Press Staff Writer Diane I.

King of Essex, who has been linked in a civil lawsuit to the apparent killing of her husband, has withdrawn her request for sole ownership of the family's home, according to Chittenden Superior Court records. The couple's oldest son, Joey King, now wants the court to use the property to establish a trust fund for the couple's three children. Joey King's attorney, Geoffrey W. Crawford of Burlington, reiterated Thursday that his client believes his mother helped to Inmate sentenced for attacking guard ST. ALBANS An inmate at the Northwest State Correctional Facility has been sentenced to four to seven months in jail for assaulting a corrections officer Nov.

19. Paul G. Turner, 40, pleaded no contest to the misdemeanor charge and was given credit for time spent in custody since Dec. 29. He was charged with striking the officer several times in the face with his fists during an afternoon altercation.

He also allegedly tried to wrap a radio cord around the officer's neck, according to a state police affidavit. The officer suffered lip cuts and swelling of his left eye, it said. The incident occurred after Turner demanded a light for his cigarette and refused to return to his room until he had one, the police report said. shew at DARIN'S Jury convicts ex-restaurateur of arson BOILING EVERY WEEKEND (weather permitting) ST. JOHNSBURY A Vermont District Court jury Thursday evening found Edward A.

McEl-reavy, 46, of White River Junction guilty of burning his St. Johnsbury restaurant in 1986. The jury deliberated about 5'i hours before returning the verdict at the end of the eight-day trial. Deputy State's Attorney Sten Lium charged that McElreavy, while leasing the Country Style H0 I Ktf BUM. suspicious.

Hall, an arson investigator, testified that flammable liquids were found inside and the fire was started at several locations. An expert from New York, hired by the defense, disputed the findings by Gray, the firefighters, Hall and Co-op Insurance investigator Harold Burke. McElreavy was arrested Feb. 6, 1987, in New Hampshire as a fugitive from justice and returned to Vermont to face the charge, Hall said. Restaurant on U.S.

2, set fire to the building about 9:40 p.m. Sept. 24, 1986. The restaurant, which had closed for the night, sustained about $50,000 in damages. A passerby spotted McElreavy inside the restaurant as the fire erupted, according to State Police Sgt.

Richard C. Hall. Another witness linked McElreavy to plastic jugs that were used to carry gasoline to the scene, Hall said. Three St. Johnsbury firefighters and Chief Russ Gray testified that the blaze appeared to be Day in court FREE SAMPLES BRING THE FAMILY CDAKIN TARM Rt.

7, Ferrisburg 425-3971 Open 7 days a week 7 am to 5 pm ton Jan. 23; pleaded no contest; sentenced to up to 12 months, suspended. Allen P. Lawrence, 44, Williston charged with simple assault in Colchester July 17, 1986; charge dismissed. PRESTON'S 75th ANNIVERSARY SPECTACULAR contest; fined $270.

David W. Millard, 28, Colchester charged with unlawful trespass, amended from attempted burglary, in Burlington Jan. 13; pleaded guilty; sentenced to up to six months, suspended. Jeffrey S. Maring, 23, Burlington charged with simple assault in Burlington Feb.

22; pleaded no contest; sentenced to up to 12 months, suspended. Lael Latterell, 24, Burlington charged with DWI in Burlington Dec. 24; pleaded no contest; fined $260. Michael T. Stata, 34, Burlington charged with simple assault in Burlington Jan.

17; pleaded no contest; fined $75, sentenced to up to 30 days, suspended. Timothy C. Austin, 23, Williston charged with driving without a license, amended from driving while license suspended, in South Burlington Jan. 12; pleaded no contest; fined $75. Wayne M.

Moffatt, 43, Essex charged with driving without a license, amended from driving while license suspended, in Essex Jan. 27; pleaded no contest; fined $75. Joseph N. Boucher, 21, Glens Falls, N.Y. charged with disorderly conduct in Burlington Jan.

pleaded guilty; fined $25. Michael L. McLaurin, 25, Burlington charged with driving while license suspended in Richmond Dec. 30; pleaded guilty; fined $100. Michael W.

Keppler, 22, Burlington charged with driving while license suspended in South Burlington Jan. 18; pleaded guilty; fined $300. Randy S. Francis, 21 Burlington charged with careless and negligent driving, amended from DWI, and driving while license suspended in Burlington Jan. pleaded guilty to both charges; fined $200 for each charge; one fine suspended.

Mary T. Mathon, 66, South Burlington charged with leaving the scene of an accident in South Burlington Jan. 11; pleaded no contest; fined $100. Kevin C. McSweeney, 26, Burlington charged with DWI in Burlington Jan.

20; pleaded guilty; fined $250. Jonathan W. Wheeler, 22, South Burlington charged with simple assault in South Burlington Jan. 10; pleaded no contest; fined $150, sentenced to up to three months, suspended. Burns W.

Dartt, 23, Swanton charged with simple assault in Burling- Save 20-75 thru Saturday, March 26! Our Anniversary Sale takes on a special meaning this year as we celebrate 75 years of doing business in Burlington. Tl)is event is one of the many exciting in-store promotions we have planned throughout the year. We invite you to take advantage of the savings on merchandise throughout the store and a chance to win our $7500 shopping spree giveaway! $7500 SHOPPING SPREE GIVEAWAY 1st Prize $5,000 2nd Prize $2,000 3rd Prize $500 Register today, no purchase necessary. Drawing December 20, 1988. Chittenden Circuit Judges Alden T.

Bryan, George T. Costes and Michael S. Kupersmith March 22: Dale R. Walters, 23, Burlington charged with retail theft in South Burlington Jan. pleaded guilty; sentenced to three to six months, suspended.

Josh D. Krasofski, 18, Essex charged with petty larceny and unlawful trespass, amended from burglary, in Westford Oct. 16; pleaded guilty; sentenced to six to 12 months on each charge, suspended. Stephen E. Teer, 31, Ferrisburg charged with driving while license suspended in Shelburne Dec.

11; pleaded guilty; sentenced to up to 48 hours. Robert W. Medrzycowski 29, Clanton, Ala. charged with retail theft in Burlington Nov. pleaded guilty; sentenced to one day with credit for one day served.

Gerhard Sojka, 31, Burlington charged with driving without a license, amended from driving while license suspended, in Winooski Oct. 10; pleaded guilty; fined $75. Randy A. Morin, 16, South Burlington charged with careless and negligent driving, amended from DWI, in Williston Sept. 27; pleaded guilty; fined $100.

William M. Masley, 31, Burlington charged with simple assault in Burlington March 11 and two violations of probation in Burlington March 16; pleaded guilty to simple assault, admitted both probation violations; sentenced to six to 12 months, to serve 60 days, for assault, and one to six months, to serve 60 days, on first probation violation and up to three months on second violation, all sentences consecutive. Kenneth Montani, 26, Winooski charged with two violations of probation in Burlington Aug. 18; admitted violations; sentenced up to one year. March 23: John W.

Bowler, 33, Winooski charged with driving while license suspended in Colchester Dec. 11; pleaded guilty; fined $100. Timothy Elkins, 32, Burlington charged with simple assault in Burlington Feb. 18; pleaded no contest; fined $100. Rodney C.

Santow, 21, Westford charged with violation of parole in Burlington Jan. 15; admitted violation; sentenced to up to 30 days part suspended to serve three days. Francis H. Yergeau, 40, Colchester charged with careless and negligent driving in Williston Nov. 17; case dismissed.

Frank C. Burke, 37, address unknown charged with unlawful mischief, driving while intoxicated and driving while license suspended in Milton March 22; pleaded innocent to all charges. Dennis M. Cooke, 28, Williston charged with driving while license suspended, seventh offense, and driving while intoxicated in Burlington Feb. 11; pleaded innocent to both charges.

March 24: Brian K. Rooney, 28, Essex Junction charged with driving while intoxicated in Winooski Jan. pleaded no 1" va i DIAMOND JEWELRY Diamond rings, pendants, earrings, and bracelets. Precious stone jewelry, too up to 75 off. GOLD JEWELRY Chains, bracelets, rings, and pendants many with stones up to 75 off.

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