Statesman Journal from Salem, Oregon • Page 26

LOCALOREGON Statesman Journal, Salem, Friday, January 31, 1992 WJaoioin Coymty pmirsyes drunken driving issue Officials wonder if judges can use probation as a sentencing option. By Janet Davies The Statesman Journal Marion County officials turned to another court Thursday in an effort to determine if probation still is an option in sentencing drunken drivers. County legal counsel Bob Can non, who filed a lawsuit in circuit court, ia trying to resolve questions left by a Nov. 13 ruling by the Oregon Court of Appeals in a drunken-driving case from Lincoln County. The court, in a brief opinion, ordered that the case be returned for resentencing because the original sentence was ambiguous.

Toward the end of its opinion, the court noted that both the state and the defense had missed the fact that state law does not authorize probation in cases of driving under the influence. Despite the decision, many judges including some in Marion County have continued to place convicted drunken drivers on probation so that the defendants can be supervised and undergo alcohol treatment programs. They say they think that the Court of Appeals simply was making an observation with its remarks, because it already had ruled that the initial sentence was ambiguous. Nevertheless, Cannon said, the county sheriff and corrections director are left in a Catch 22 position: They are supposed to carry out the orders of a sentencing judge, yet they also are obligated to follow the law, which appears to have been changed by the Court of Appeals decision. In December, Cannon filed a petition with the Oregon Su preme Court, asking it to hear the case specially.

Last week, the court declined, so Cannon opted for Thursday's legal case, what he hopes will be the next quickest route for a resolution, The county already has about 40 cases that could be affected by the Nov. 13 appellate ruling, Cannon said. It collects a monthly supervision fee of $25 from each person on probation. County officials are at risk of being sued "for holding and supervising a person who is not subject to supervision and for the collection of money which is not otherwise authorized by Cannon's lawsuit said. The state Department of Justice is appealing the Court of Appeals decision to the Supreme Court.

However, it could be months before that process yields a decision, Cannon said. Page 2D Woodburn honors top citizens Dallas schools leader resigns in dispute Christensen, who became district superintendent in July 1990, has five months remaining on a two-year contract. Under the terms of the contract, the district is obligated to pay the remaining balance of his $60,000 annual salary. Christensen, 55, also was approved by the board for the district's early retirement plan. Dave Voves, the district's director of curriculum and instruction, will take over as interim superintendent on we were pursuing," he said, refusing to elaborate.

Four board members voted unanimously to accept Chris-tensen's resignation. Board member Art Higashi did not attend Monday's meeting. Board chairman Clint Bra-num said that Christensen and the board had philosophical differences about district goals, but he refused to discuss specifics. The board, however, had no plans to fire Christensen or to force him to resign, Branum said. Vetter founded A Gia of Life Foundation of Oregon two years ago.

The volunteer group financially assists Oregonians needing organ transplants. Vetter started the drive after receiving a kidney transplant in 1987. The current Kiwanis president, Jacquee Blalock, was named Outstanding Educator, The principal of Washington Elementary School in Woodburn, Blalock also serves as a family wellness coordinator for the Oregon National Guard and counseled families of soldiers during the Persian Gulf war. Other honorees were Ken Iver-son, a potato farmer and tulip grower, who was named Out standing Young Farmer; and Vance Yoder, a Rotarian, who was named Outstanding Service Organization Member. Yoder is the president of the Woodburn World's Berry Center Museum board and secretary of the Wood-, burn Downtown Association.

Chamber director Jane Kanz said the five winners were nominated by residents for their leadership, outstanding performance" and civic inspiration. They will be honored at 7 p.m.; Wednesday in Woodburn's Unit-' ed Methodist Church, 700 Nj Cascade Drive. The chamber requests reserva- tions for the dessert banquet by calling 982-8221. Tickets are $5. By Jodie Willson The Statesman Journal WOODBURN Three Kiwa-nis Club members are among those selected by the Woodburn Area Chamber of Commerce as outstanding citizens.

Jilda Ballweber, the co-chairwoman of the Woodburn Comeback Campaign, was chosen as Junior First Citizen. A Kiwanian, she also was named Woman of the Year in 1991 by the Business and Professional Women association. Lee Vetter, a 30-year resident, former planning commissioner and charter member of Wood-burn's Kiwanis Club, was selected as Senior First Citizen. Corrections ALMANAC Lotteries Errors in the Statesman Journal may be brought to the attention of the city desk at 399-6677. The Associated Press OREGON PORTLAND Here are Thursday's winning numbers in the Oregon Daily 4 lottery: OLYMPIA Here is Thursday's winning num-' ber in the Daily Game: 8-7-8.

Where to Write Information about government meetings or other Almanac listings should be mailed to Almanac, City Desk, Statesman Journal, P.O. Box 13009, Salem 97309. Meetings Obituaries Today The Marion County Corrections Board meets at 9 a.m. in Room 108 at the County Courthouse, 100 High St. NE.

Agenda includes: discussion of DUN court decision and implications. The Marion County Board of Commissioners meets at 1 :30 p.m. in Room 108 at the County Courthouse, 100 High St. NE. Agenda includes: semi-annual examination of books and records for sheriff, clerk and treasurer, followed by jail inspection.

The Salem Task Force on Alternatives to Backyard Burning meets at 7 a.m. in Room 220 of the Vern Miller Civic Center, 555 Liberty St. SE. Agenda includes: general business. Obituaries, births and other news of record may be found on Page 2C.

Blood Drawings The Willamette Chapter of the American Red Cross held a blood drawing Thursday at First United Methodist Church. The chapter drew 78 pints of blood, eight pints more than its goal. By Tom Vlsoky The Statesman Journal DALLAS Peter Chris-tensen has resigned as superintendent of the Dallas School District. He announced his resignation Monday following a three-hour closed meeting with the Dallas School Board. His resignation takes effect today.

Christensen said he decided to resign because of disagreements with the board about the direction the district was headed. "There were different goals Waldo School The Statesman Journal Officials at Waldo Middle School searched the building and grounds Wednesday after hearing that a student was seen carrying a gun, Waldo's assistant principal said. The report came one day after officials confiscated a BB pistol found in another student's locker, Jeanette Nunnenkamp said. Officials responding to Wednesday's report never found the student, who is enrolled at Waldo but does not attend on a Oregon Dateline St. Paul Burning trash caused fire that killed farmer A fire that killed a St.

Paul farmer Monday started from a pile of trash burning outside his house, Deputy District Attorney Tom Hart of Marion County said Thursday. Frank Schuetz, 73, died of smoke inhalation in the 8 a.m. fire in his lifelong home at 20384 French Prairie Road. Hart said Schuetz apparently had started the burn pile earlier about 15 to 20 feet from the two-story wooden house. "It was a windy day, and it blew over to the house, which was a tinderbox," Hart said.

Logsden Store will reopen with groundhog festivities The Logsden Store will reopen Saturday. The community will help celebrate the event with a Groundhog Day Extravaganza at the Logsden Community Center. Betty Coats, the owner of the store, said she is reopening it after the former operator closed it about two months ago. The store will be open weekdays from 7:30 a.m. to 6 p.m.

It will be open Sundays, but the hours have not yet been set. The reopening will feature music by the Chuck Roast and Hot Potatoes bluegrass group. Bob Llewellyn, the Logsden Community Club spokesman, said that the club also will hold a Groundhog Day dance at 7 p.m. Saturday. The Sawtooth Mountain Boys blue-grass band will play.

Admission is $5 for adults and free for children. The Logsden Store and the Community Club are located eight miles southeast of Siletz. Lincoln City Checkups offered for bears, dolls, people People, dolls and teddy bears can get free and low-cost checkups at the North Lincoln HospitalRotary Health Fair on Saturday. Hospital spokesman Hal Ha-zelrigg said a wide variety of health services will be offered free. A special $10 package searched after regular basis.

The student re portedly was looking for another student with whom he had had some disagreements. The student's mother later told school officials that the boy had a cap gun, and the police liaison officer told officials that he had seen the student with a cap gun off school grounds the day before, Nunnenkamp said. She said that teachers and administrators supervised the school's exits after receiving the report about 9:30 a.m., and the will include blood screening for hemoglobin, blood sugar and cholesterol and a colorectal cancer test kit. Information on living wills, Medicare and Medicaid also will be available. He said that people from 35 to 40 booths will test hearing, sight, blood pressure and back strength.

Surgeons and surgical nurses will work on injured stuffed animals and dolls in a Teddy Bear Clinic. "They do a real good sewing job on repairing rips and tears," Hazelrigg said. "They also provide bandages, but no transplants." Monmouth 2-alarm fire destroys barn, kills 25 sheep A two-alarm fire destroyed a large barn and killed 25 sheep trapped inside early Thursday, Polk County Fire District 1 officials said. Fire marshal Dan Greer said losses amounted to $75,000 to $100,000. The cause of the fire at Riddell Farms 2645 Riddell Road, remained under investigation.

The fire was discovered by William Riddell, who arrived for work about 6:45 a.m. and noticed flames coming from the rear of the barn containing hay and livestock. More than 40 firefighters responded. They protected nearby buildings and battled the blaze. Greer said the fire was under control in 20 minutes.

He said firefighters saved several other structures containing equipment valued at $500,000. Jefferson Teacher contract talks closer to settlement Teachers and school district officials are closer to agreeing on a teachers' contract after a meeting earlier this week, and negotiations will continue Tuesday, Superintendent James Moskal said. He was hopeful that the two sides would sign a contract next week. "It seems like we've made some headway," he said. Things are headed in a positive direction." After more than a year of negotiations, the district suggested that the contract last for three years instead of two when it is signed, Moskal said.

The teachers agreed. gun reported police officer drove through nearby neighborhoods looking for the student. Students were not informed of the report. Nunnenkamp said that officials were sensitive to the report after confiscating a BB gun Tuesday, which a student apparently had brought to school Monday and Tuesday. She said that officials returned the BB gun to the student's parents, who were going to return it to the owner.

The student was suspended from school. The Jefferson Education Association and the school board have agreed on the following issues: supervision pay, class preparation time, inclement weather policy, 190-day work year, retroactivity for the contract, wages and extra-duty issues. The two groups still must resolve disagreements on insurance coverage, early retirement requirements and a clause that would restrict negotiations until the contract expires, Moskal said. The next associationboard meeting will be at 6 p.m. Tuesday at the middle school.

McMinnville Mayor's Charity Ball will take place Feb. 8 The 1992 Mayor's Charity Ball will be on Feb. 8 at the McMinnville Community Center. Tickets, which cost $30 per person, can be reserved by calling 472-7474. The event, which organizers are calling "A Champagne Cruise," will feature food from local restaurants and Oregon wines.

Entertainment will include music from a big band, Combo Connection, and a contemporary music group, the Bouncing Baby Boomer Band. Activities will start at 6:30 p.m. and last until 1 a.m. Proceeds from the event will go toward McMinnville's after-school program, Kids on the Block, as well as the McMinnville Police Department's Drug Awareness Resistance Education program, or D.A.R.E. More than $13,000 was raised last year for the after-school program, event coordinator Candy Gormley said.

Stayton St. Mary's carnival has more than 100 prizes Games, bingo and a cakewalk are among the events planned for St. Mary's School carnival Saturday. More than 100 prizes will be raffled off at the 5:30 p.m. carnival.

Tickets may be purchased from St. Mary's students and will be sold at the carnival for $1 each or six for $5. Admission is free, and raffle participants need not be present to win. The school is at 1056 Sixth St. From staff reports Courts Marion County CIRCUIT COURT DIVORCE PETITIONS FILED: David Allen Johnson and Taml Jean Johnson; Metvin Joe Bruggeman and Patricia Mae Bruggeman; Steven Valenzuela and Rebecca Valenzuela; Roselle Helen Taylor and Carl Anthony Taylor.

DIVORCES GRANTED: Barbara J. Rich and Rodney G. Rich; Marcene Lynnette Mann and Frederick Joe Mann (petitioner's former name Thomas restored). Mark Allen Ret vs. state Motor Vehicles Division: Court orders matter remanded to original hearings officer for determination.

Lucas Majaev vs. Forest Tree Care Inc. and Sergei Kuznetsov: Plaintiff granted judgment of $33,865 from defendant Forest Tree Care Inc. Inez Janzen vs. Frank and Florence Cotta: Complaint charges negligence in maintenance of sidewalk, seeks unspecified amount of damages for alleged injuries from fall March 5, 1991 Karla Hyder vs.

Joy Lynn Raymond: Complaint charges negligence in traffic accident on Lancaster Drive SE, Salem, April 12, seeks unspecified amount of damages lor alleged injuries. Anne M. Keele vs. Scott Lorimar: Complaint charges negligence in traffic accident on Broadway NE, Salem, Feb. 12, 1990, seeks unspecified amount of damages for alleged injuries.

Muriel D. Ditchen, representative of estate of Carl D. Ditchen, vs. Roland M. Woll and Skagit Valley Trucking Co.

Complaint charges negligence in traffic accident on Highway 99E Oct. 14, seeks unspecified amount of non-economic and $353,500 economic damages for alleged wrongful death. Marlon County and others vs. Paul Lipscomb, District Court Judge: Petition for writ of review seeks withdrawal of judgment suspending sentence and new order imposing sentence on driving under influence conviction. State vs.

Hector Louis Depellot: Defendant found not guilty by Judge Barber on charges of delivery and possession of controlled substance. State vs. Betty Matson: Defendant pleads guilty on charge of criminal mistreatment. State vs. James B.

Matson: Defendant pleads guilty on charge of criminal mistreatment. State vs. James Benton Billings: Defendant pleads innocent on Iwo charges of sodomy and Law and Safety Alarms The following emergency runs were made by Salem-area fire departments in the 24 hours ending at 6 p.m. Thursday: SALEM Wednesday 6:14 p.m. medical aid, 1570 Marshall Drive SE, investigated.

6:48 p.m. traffic accident 1600 17th St. NE, investigated. 7:01 p.m. medical aid, 828 14th St NE, investigated.

7:29 p.m. medical aid, 1267 8th St NW, investigated. 7:39 p.m. medical aid, 1733 Evergreen Ave. NE, investigated.

9:10 p.m. medical aid, 154 25th St. NE, investigated. 9:16 p.m. medical aid, 4949 Sunnyside Road SE, investigated.

Thursday 12:17 a.m. medical aid, 3866 Sunnyview Road NE, Investigated. 12:39 a.m. medical aid, 3821 24th Place NE, investigated. 2:14 a m.

medical aid, 1625 Center St. NE, investigated. two of sexual abuse. State vs. Laura Ann Holm: Defendant pleads innocent on charge of theft.

State vs. Victoria Lee Howard: Defendant pleads guilty on charge of forgery, placed on 18 months probation by Judge Sloper. State vs. Darrin Russell Kintz: Defendant pleads guilty on charges of unauthorized use of vehicle and reckless driving, sentenced to 90 days in jail and placed on 1 8 months probation by Judge Sloper. State vs.

Sheila Jean Martin: Defendant placed on 18 months probation by Judge Sloper on two charges of forgery. State vs. Michael Roy Noble: Defendant's probation revoked on charge of possession of controlled substance, sentenced to five years in prison by Judge Sloper. State vs. George Allen Zerkel: Defendant's probation on charge of driving under influence revoked by Judge Sloper, given one-year jail sentence.

State vs. Bobby Joe Scofield: Defendant pleads guilty on charge of possession of controlled substance, given 30-day jail sentence and placed on 1 8 months probation by Judge Sloper. PROBATES Merle CoffiekJ: Estate closed. Norman Ernest Final account approved. Muriel F.

Haller: Will admitted to probate, Lee Haller appointed representative. Karl Conner: Will admitted to probate, Dan Alan Conner appointed representative. Alice R. Mathey: Will admitted to probate, Perry Crosley appointed representative. Ethel Cheek: Will admitted to probate, Alan Lennon Cheek appointed representative.

MARRIAGE LICENSES Fred Carver, 86, Independence, retired, and Hazel Alberta Carver, 82, Sublimity, retired. Kirk Edward Appleman, 24, 10045 Kaufman Road NE, Silverton, hydrologic technician, and Lori Joann Hauth, 24, 2294 Northgate Ave. NE, Salem, word processor. David Charles Robb 70, 1335 Valley View Drive NW, Salem, retired, and Barbara Eloise Morris, 58, Portland, real estate. Damaso Reyes Rodriguez, 26, 4500 Satter Drive NE, Salem, installer, and Lisa Marie Na-jera, 19, 4500 Satter Drive NE, Salem, teacher.

Tyler Dean McClung, 24, 1435 Geary Circle, Albany, cashier, and Gina Marie Valera, 21, 1 435 Geary Circle, Albany, produce clerk. Robert David Harsh, 19, 3304 Alberta Ave. NE, Salem, Air Force, and Brenda Segura, 19, 1900 Laurel Ave. NE, Salem, none listed. 3:44 a.m.

medical aid, 246 17th St. SE, investigated. 5:29 a.m. medical aid, 1329 Chemeketa St NE, investigated. 8:16 a.m.

medical aid, 400 Madrona Ave. SE, investigated. 8:19 a.m. fuel spill, Oxford and East Nob Hill streets SE, investigated. 8:49 am medical aid, 1064 Gartock Ave.

investigated. 9:47 am medical aid, 1551 Center St. NE, investigated. 1 1 :08 am. medical aid, 1674 40th Place SE, investigated.

11:10 a.m. medical aid, 833 Hawthorne Ave. NE, investigated. 11:14 a.m. fire alarm, 2330 17th St NE, investigated.

12:11 p.m. medical aid, 1055 Erixon St NE, investigated. 12:20 p.m. medical aid, 3700 Hagers Grove Road SE, investigated. 12:26 p.m.

traffic accident Commercial Street and Hilfiker Lane SE, investigated. 12:33 p.m. medical aid, 1155 Mission St SE, investigated. 1:23 p.m. fire alarm, 546 36th Ave.

NW, investigated. 2:11 p.m. medical aid, 4254 Weathers St NE, investigated. 2:12 p.m. (ire alarm, 4120 Kurth St investigated.

2:43 p.m. fire alarm, 665 Winter St SE, in Kevin Joel Martin, 34, Vancouver, per-sonnel comp coordinator, and Terresa Ann Fernley, 37, 1630 Monmouth Independence, sales associate. Criminal Cases Two Salem women who pleaded guilty to charges of forgery were placed on 18 probation Thursday by Judge Val D. Sloper of Marion County Circuit Court Sheila Jean Martin, 26, of 2270 Hoyt St SE. also was ordered to pay $1 ,327 restitution and be evaluated for a drug treatment program.

She forged credit card slips May 6 at Salem Centre stores. Victoria Lee Howard, 38, of 2520 Lansing Ave. NE, was ordered to do 120 hours of community service, pay $60 restitution and be evaluated for drug treatment. She took personal papers and checks from an acquaintance Junt 28 and passed checks for $35 that day and for $25 July Pre-sentence investigations were ordered for James B. Matson, 46, and Betty Matson, no age available, both of 18633 Old Mehama Road, Stay- ton, who pleaded guilty to charges of criminal mistreatment.

He hit kicked and punched her 12-; year-old son between Jan. 4 and 6, and she with-held necessary care for the boy. Continued for trials were the cases of two others who pleaded innocent to charges: James Benton Billings, 32, of 5294 Chehalis Drive Keizer, who faces two charges of sod- omy and two of sexual abuse. He Is accused of -incidents between Aug. 11, 1987, and Jan.

1, 1990, with a girl younger than 12. Laura Ann Holm, 27, of 1955 Berry St. SE, Salem, charged with theft. She is accused of shoplifting 15 pairs of jeans Sept 27 from Sears store, 827 Lancaster Drive NE. Continued for entry of pleas were the cases of two men arraigned on charges: Jeffrey George Basl, 33, of 170 17th St.

SE, Salem, charged with burglary and criminal mis-! chief. He was arrested Jan. 15 by police respond- ing to a report of a burglary in progress at a physi-' cal therapy clinic on River Road Keizer. Police said a window was broken. i Jonathon Stuart Cooper, 22, of 3655 Ed- ward Drive SE, Salem, charged with unauthorized use of a vehicle.

Police investigating a traffic ac- cident Jan. 8 at Browning and Ash streets SE I said a sports car involved had been reported sto-1 ten from a Grand Ronde man. vestigated. 3:41 p.m. lire alarm, 6376 River Springs Drive canceled.

3:46 p.m. smoke in structure, 680 State investigated. 4:03 p.m. fight, Vallejo and Williams streets NE, investigated. 4:46 p.m.

chimney fire, 1822 Wiltsey Road SE, investigated. KEIZER Wednesday 7:32 p.m. medical aid, 5115 River Road investigated. 1 1 :56 p.m. medical aid, 835 Plymouth Drive NE, investigated.

Thursday 11:53 am. medical aid, 505 Sandy Drive Investigated. MARION COUNTY FIRE DISTRICT 1 Wednesday 7:47 p.m medical aid, 300 Cordon Road NE, investigated. 10:51 p.m. traffic accident State Street and 74th Avenue SE, investigated.

Thursday 4:09 am. medical aid, 309 Lancaster Drive NE, investigated. 1:54 p.m. medical aid, 4586 Reimann St. NE, investigated.

MOUNT ANGEL Thursday 6:24 a.m. medical aid, 230 E. College investigated..