Battle Creek Enquirer from Battle Creek, Michigan • Page 3

Metro Editor: Les Smith, 966-0674 Battle Creek Enquirer Tuesday, Nov. 30, 1999 3A sir tea mid rxvn no VLIU LXJU o) (ft Jury members deliberated four hours last Tuesday, eight more on Wednesday and 3 12 hours Monday before writing a note to Miller saying they could not reach an agreement. "We didn't want to convict an innocent man, and we didn't want to let a guilty man go free," juror Steve Bennett said. "So it's better to declare a mistrial and let someone else decide." Trace Christenson covers courts and crime. He can be reached at 966-0685 or tchristbattlecr.gannett.com "There was just not enough evidence," said juror Angie Russell, one of those who voted not guilty.

"The testimony was iffy, and they couldn't prove if he was here or there." But Farmer and others said the eyewitness descriptions, the evidence that they identified Phillips in a photo line-up after the shooting and Phillips' lack of knowledge about where he was at the time of the shooting all convinced him and others that Phillips was guilty. Farmer said the majority didn't believe Phillips. Trace Christenson The Enquirer A Detroit man will return to the courtroom as early as Wednesday after a jury was unable to reach a verdict Monday in his murder triaL Calhoun County Circuit Court Judge Stephen Miller declared a mistrial after the jury said it was hopelessly deadlocked in the trial of Dewayne Phillips. "We were eight guilty and four not guilty and we were deadlocked from the first vote," jury foreman Gary Farmer said. "We looked over tons of testimony." ment house.

He said he didn't know any of the people who lived there, despite some of the house's residents saying Phillips had visited at least 20 times. The four jurors who voted not guilty said they didn't find the witnesses credible. Several, who asked not to be identified, said the witnesses gave conflicting testimony when describing Phillips and the shooting. They also said police didn't find the murder weapon or any other physical evidence, such as fingerprints, which linked Phillips to the crime scene. Battle Creek Avenue.

Five prosecution witnesses testified that Harmon and a woman were arguing when Phillips came out of the house, where he was playing a video game. After telling them to move the argument and being ignored, Phillips fired one shot into the porch floor and then, according to the witnesses, fired a single shot at Harmon's face from a few inches away. Phillips testified he was in Detroit and not in Battle Creek at the time of the shooting and said he had never visited the Battle Creek Avenue apart A short time later, Miller told Assistant Calhoun County Prosecutor Mark Webb and Defense Attorney Ron Pichlik a new trial could begin as early as Wednesday. Both attorneys said they need more time to prepare, and Miller said he may delay the start of the case. Phillips remains in the county jail, held without bond.

Phillips, 20, is charged with open murder in the May 15 shooting death of Antoine Harmon, 23, of Battle Creek. Harmon died after being shot once in the head on the porch of an apartment house at 26 fr lt Disability guardianship rules protested tXt tv 1 if 4h't ft -m DOUG ALLENTHE ENQUIRER Ashley Esselink, 7, and Jacob Esselink, 4, display their spirit Monday night at the Marshall Christmas parade. Flurry of fun in Marshall Q-Or. -A Manhunt search areas Burlington TYSWAN STEWARTTHE ENQUIRER Branch chase becomes manhunt Suspect was still at large late Monday XoCHITX PENA The Enquirer A high-speed chase that started Monday night in Union City led several police agencies on a manhunt in the Burlington area. As of press time, the man had not been apprehended.

Police would not say if he was armed or considered dangerous, and would provide few details. However, Branch County sheriffs deputies did say that the incident began at 7:09 p.m. in Union City and led to a high-speed vehicle pursuit. At some point, the pursuit turned to a foot chase in fields and wetlands just northwest of Burlington in the areas of 9 '-Mile Road, QTJrive South and 11-Mile Road. Within an hour, authorities got a call that a resident on Drive South saw a light go on in his barn.

Deputies checked it out, but did not find a suspect. Interviewed later, the resident, Eric Turner, said he was at work when his girlfriend saw someone running in the back yard and a light on in the barn. She called him, he went home, and they called police. "I was hoping they'd find him and we wouldn't have to worry about him again," he said. The chase then moved to the village of Burlington and for a while, police were searching along both sides of the St Joseph River, using the Michigan State Police's K-9 unit.

The chase was led by the Branch County sheriffs Department with help from State Police, the Calhoun County sheriffs Department and Union City police. Calhoun County Sheriffs Lt Bill Burgess said he does not know the reason for the chase or where it began. They're i cc I A 2 State group brings effort to Battle Creek Khristine Elliott The Enquirer A group of activists from various places in Michigan gathered Monday in Battle Creek to protest what they say are abuses of people with disabilities because they have been unnecessarily placed in the guardianship of others. Eight people carrying brightly colored signs demonstrated in front of the Toeller Building. The building houses the state's Adult Protective Services, a department of the Family Inde-pendence Agency, and Guardian Inc.

of Calhoun County, a private nonprofit corporation. The activists members of Americans with Disabilities for Attendant Programs Today demonstrate across the state in support of giving people with disabilities choices on where, how and when they receive personal assistance services, said Scott Heinzman of Livonia. ADAPT is a national, grassroots disability rights organization directed by people with disabilities. It started in Denver, in 1980. Battle Creek resident James Nearing, who did not participate in the demonstratioa said ADAPT IS hd ping him try to regain control of his own life.

Nearing, 44, was injured in a car accident in 1996 and has lived in his own apartment since then. A month ago, the Probate Court appointed a lawyer, whom he had never met before, as his guardian, he said. "I'd like to be my own guardian. I was before," he said, adding that the court rejected his request to have a longtime friend act as his guardian. Local experts said court-appointed guardians help protect disabled people from being taken advantage of by other people.

Guardianship is a last resort and each case is carefully reviewed to decide if a guardian is needed and periodically during the guardianship. The court establishes a guardian's responsibilities, which can be limited to only one area or can include all decision making, said Roland Lantz, executive director of Guardian Inc. Regarding Nearing, Chief Probate Judge Phillip Harter TRACE CHRISTENSONAHE ENQUIRER Dewayne Phillips leaves court. 1 KEVIN HARETHE ENQUIRER Members of Americans with Disabilities for Attendant Programs protest Monday on Michigan Avenue. said he could not comment on specific cases, other than to say the court heard many hours of evidence on both sides.

"We listen very carefully to all of these cases," Harter said. "We give everybody their chance to make their opinions known, and as a judge I make the best decision that I can." However, Heinsman contends the system needs to be looked at more closely, because some people are being forced into institutions by their guardians when they could receive assistance in their homes. "People are losing their rights. They are being treated like criminals because they have a disability," he said. "They are being herded into institutional settings where they are going to be forgotten about." He said guardians and institutions can make a lot of money by putting a disabled person in a nursing home or rehabilitation center.

Although guardians are paid "a reasonable fee" set by the court from the person's estate, most of them are strongly committed to the person whom they are appointed to and the guardian would not get paid if he or she puts the person in a long-term care facility, saiu Harter and Kathy Haines, director of the Family Independence Agency. The court, state and private guardianship companies favor keeping people in their own homes if possible, said Harter, Lantz and Haines. Putting someone in an institution is a last resort, they said. Khristine Elliott can be reached at 966-0675 or Albion Pearson can point out that a bug extract called carmine is fairly common as a colorant in some drinks, popsi-cles and yogurt or for cosmetics. "They're not required to eat any of it," she said, "but they do get a bonus point if they do." mi-! 1 1 OH i i his video camera.

"This is their (his sons') first year in the parade so it's kind of exciting," he said. "They've been preparing for this about three weeks." The parade is fun to watch, but getting ready for it can require a lot of work. "This is the craziest time of the whole thing," Sharpley said as he escorted judges to floats about an hour before the parade began. "We have to make sure everyone is in the right place at the right time. It's not easy," he said.

The Marshall Area Chamber of Commerce sponsors the parade. Three judges walked around to about a hundred floats, scoring them on workmanship, creativeness and how well the float fits the theme. "Go back to when you were 2 years old. How does this look to you?" said Judge Barb Henderson as she took a close look at the Campfire Boys float. "There is a lot of walking, but this is fun," said judge Pete Williams, who is art coordinator at Kellogg Community College.

"I'm kind of the art component here." Representatives of Zion 4 1. i The Campfire Boys float was during Monday night's parade. Lutheran Church, which won the Best Overall Ken Burden Memorial Award, said they worked on their float for about three weeks. "I moved out of my garage for three weeks while the kids worked on decorating it," said Linda Martinson, who helped coordinate the float, which was called "Through the Eyes of a Shepherd Boy." "The kids did it all on their own. Everything from the decorating to the costumes," she said.

The Wattles Park Girl Scouts' float won the Mayor's Award. The President's Award went to the Omni Family Credit Union, and the is that people can't afford (food)." The professor paid bait suppliers about $50 for 20,000 crickets, 10,000 mealworms and several thousand wax-worms. It's cheaper than meat and "these are far more nutri popular with the crowds commercial Grand Marshal's Award went to the Caleb Cheese Co, and the non-commercial to Friend of the Arts. Although the official judges give the awards, sometimes the kids are often the best judges. "I like the one (float) with the reindeer and I even like Santa," 4-year-old Mara Lowe of Marshall said as she reluctantly left the parade with her parents and younger brother.

This was Mara's second year at the parade and she said it gets better every year. Darcy Vanaman can be reached at 966-0691 or tionally balanced," Pearson said. Insects, she said, have no cholesterol, seven times as much protein as beef or chicken and don't have such leftover parts as beaks, hooves or bones. And bugs are a regular menu item in cultures around the world. "Insects really do have kind of a nutty taste.

So anything with a nutty taste, you can substitute insects," Pearson said. The festival menu also will include spicy Thai mealworm stir-fry, made with peanuts DarcyVanaman The Enquirer MARSHALL The frigid air was filled with the smell of hot chocolate and the sounds of sirens and marching bands Monday as the holiday season was ushered in to the Christmas City with a parade. Marshall's 35th annual Christmas parade brought thousands of people downtown to officially kick off the season with the local theme "Christmas Through the Eyes of Children." The parade had about 120 entries this year, which might be the biggest parade in history, said Tom Sharpley, parade chairman. As the sky spit snow flurries, paradegoers stood along Michigan Avenue about three or four deep to watch the parade march through. Garry Millard of Marshall had a front row seat at the curb as he waited to see his sons, who were in the parade with Scout troops.

"My favorite part of this parade is the nostalgia," Millard said, who has been coming to the parade since he was a boy. As his son approached on a float, Millard scurried to get gonna "They get really grossed out at first, but everybody usually eats." The insect-fest was timed to coincide with the end of class-work on global hunger and food issues at the private liberal arts college, which has about 1,600 students. But Pearson began whipping up bug cuisine several years ago, when she taught at the University of Texas. "Basically, it's a political activity as much as an educa- eat worms again Wednesday at Insect Food Festival returns "Insects really do have kind of a nutty taste. So anything with a nutty taste, you can substitute insects." Professor Gwen Pearson Bug Feast What Insect Food Festival Where: Albion College's Stockwell-Mudd Library Wendell Will Room When: 3 p.m.

Wednesday Garlic-fried worms, meal worm pizza or spicy Thai meal worm stir fry are among the menu items. For information, call biology professor Gwen Pearson at 517-629-0290. A.J. DlCKERSON Associated Press ALBION Mrnrnrn, mealworm pizza and cricket bread. They're on the menu for Albion College's International Insect Food Festival, which aims to show folks that bugs are good for you and taste good, too.

"You put anything on a pizza, they'll eat it. It's college," said biology Professor Gwen Pearson, the chef for Wednesday's campus feast. and cilantro. That's the favorite of school spokesman Jim Klapthor, who sampled all the dishes at last year's festival. "The stir fried wax worms didn't have a lot of taste, but they make quite a popping sound when they fry," he said.

For squeamish students, tional one," she said Monday. "The idea is to show students that insects can be food, to talk about the historical significance. "Eventually, we'll have to look at new sources of food. Part of the problem of hunger.