The Star Press from Muncie, Indiana • Page 1

Clemency Granted to Slayer of Muncie Man prison. Both testified against Hester. Orr stipulated that Hester must be assigned 1 to a work-release center for 6 months before being considered for parole. No similar requirement was imposed on Sanders and the four other prisoners, all of whom will leave Indiana. The governor noted that all six prisoners demonstrated exemplary behavior during their incarceration.

Billy Wade Sanders also known as Billy Hargis of Winchester was sentenced to 7-year term for a 1982 child-molesting conviction' from Randolph Circuit Court. He is scheduled to serve a prison sentence in Tennessee and his clemency is conditional on his transfer to Tennessee authorities. He is wanted in Grundy County, Tennessee, on several charges, including jail escape and assault and battery. Sanders, 24, was handed two 7- year terms after he pleaded guilty. to two counts of child molesting in a plea bargain.

He originally was charged with rape, criminal deviate sexual conduct and criminal confinement stemming from a December 1981 incident involving two Modoc girls, aged 13 and 15. The other inmates whose sentences were commuted to time served are Morris Lee Jones, Richard Lynn Neal, David Kimmel and Evelyn Hasselbring. Jones, 37, of Miami, also was serving a life term for a 1968 murder conviction from Allen Circuit Court. If paroled, Jones will return to Satellite, Fla. Neal, 29, of Indianapolis, was sentenced to 12 years in prison for 1980 convictions on burglary and drug charges.

Upon parole, he will go to Dallas, Texas. Kimmel, 29, of Decatur, was convicted in Monroe Superior Court in 1979 for commission of a felony while armed and first-degree burglary and was sentenced to 15 years in prison. If paroled, he will return to his Illinois hometown. Hasselbring, 67, of Veedersburg, was serving a 10-year term for a 1981 voluntary manslaughter conviction from Fountain Circuit Court. If paroled, she will go to.

Bismark, Ill. FROM STAFF AND WIRE REPORTS INDIANAPOLIS Gov. Robert D. Orr granted clemency Wednesday to an Anderson man who has served 12 years of a life sentence he was given for a Muncie murder. George Paul Hester, 33, was one of two "lifers" to whom Orr granted clemency.

The governor also provided for the release of four other state inmates, including a Randolph County man who has served less than half of his 7-year sentence for child molesting. Hester was convicted in Novernber 1972 for the shooting death of an 83-year-old store clerk during a robbery at Miller's Milkhouse at Broadway and Highland Avenue in February 1971. Hester was found guilty of murder in the commission of a felony for shooting Orvis Breedlove fives times in the head, back and chest during the $135 robbery. The Wayne County Circuit jury that took barely 3 hours to convict Hester recommended a sentence of life in prison. Then-Judge James C.

Puckett followed that recommendation. Hester testified at his trial that he was taking drugs and alcohol on the day of the shooting and that he didn't remember committing the crime. Hester's two accomplices Charles Johnson and James Earl Berry, both of Anderson pleaded guilty to voluntary manslaughter and were sentenced to 1-10 years in The State Senate is considering a bill that would give juvenile courts authority to order delinquents to perform community service, but community service already is a tool of the county's juvenile court. See Page 6. Dan Palombizio scored 33 points Wednesday night as Ball State rolled to a 107-87 victory over Western Michigan.

Story on Page 17. The Tampa Bay Buccaneers named Leeman Bennett to replace John McKay as head coach of the NFL team. Details on Page 19. Cesar Cedeno of the Cincinnati Reds was arrested Wednesday for driving under the influence of alcohol. Details on Page 19.

Area News Landers .........11 Barnet Lotteries Classified Markets Comics .........31 Neighborhood. 4 ..11 On Record .....16 Deaths Sports Editorials Television .....23 Focus Theaters .......22 Food Weather .......27 Consumer Price Index Yearly Increases For Finished Goods 04 1966. 1984 Consumer Price Rise The government announced Wednesday that consumer prices rose 4 percent in 1984, giving the country its best 3- year inflation rate since the 1960s. VOL. 108-NO.

300 Lottery By SETH SLABAUGH Star Staff Reporter INDIANAPOLIS The Indiana Senate Finance Committee on Wednesday narrowly passed a resolution aimed at permitting the state to run a lottery. The committee voted 9-8 to send a resolution to the full Senate repealing Indiana's constitutional ban on lotteries. "This is the first step on a long road," said Sen. Lawrence Borst, R-Indianapolis, chairman of the To amend the state constitution, the Senate and House must pass the resolution and then wait until after the next election of legislators and pass the resolution again. And after that, the proposed amendment must be approved by voters in a statewide referendum before the Legisla- Northwest Area Leads Muncie's Growth By RICK YENCER Star Staff Reporter Muncie's growth continues to point northwest.

Almost $18.7 million in new construction, building repairs and other work was recorded in 1984 by the city building commissioner's office. That compares to $17,9 million in building during 1983. Building Commissioner Harry Friddle said the increase could be attributed to a handful of new apartments and condominiums built in northwest Muncie. A dozen commercial buildings, including the development of North Lyndenbrook Place, also boosted construction starts. "It was a lot better than I thought it would be last year," Friddle said.

"The economy was a bit better, and commercial building still led all other THE "Where the Spirit MUNCIE, Moves ture can actually pass a law to establish a state lottery. The resolution has passed the Senate in previous sessions only to die in the House. But House Speaker J. Roberts Dailey, R-Muncie, who has taken a hardline stand against legalized gambling in the last two sessions, has said he no longer will use his influence to kill the proposed constitutional amendment. The resolution last year died in the House Commerce Co Committee, chaired by Rep.

Jeffrey Espich, R- The resolution failed in 1983 in a 5-5 committee vote, and Espich in 1984 did not grant the measure a hearing, after he polled committee members and found no one had, changed his mind. Espich this year gave up hiss position as chairman of that committee to become speaker pro tem, but he still sits on the committee. The new chairman is Rep. Paul Mannweiler, R-Indianapolis, who is a lottery proponent. The building commissioner's office took in a record $74,945 in fees for new building, electrical, plumbing, sign and other permits.

In 1983, only $54,414 in fees was paid. Miost of that increase can be attributed to a hike in electrical and plumbing fees that took effect last year. Some of those fees went frorn $5 to $25. The city also had a boom in sign permit fees because of more than 70 new signs installed by Donrey Outdoor Advertising. The new construction figures fell far short of Muncie's building boom years of 1980 and 1982.

About $31.9 million worth of construction was recorded in 1980, and another $32.4 million worth of building occurred in 1982. That was because of major housing construction and building plans at Ball State University. In MUNCIE CIE of the Lord Is, There Is INDIANA, THURSDAY, JANUARY Forward Indiana Citizens Against Legalized Gambling, a statewide organization directed by business, religious, educational and government leaders, urged the Senate Finance Committee to defeat the resolution Wednesday. Former governors Otis Bowen and Matthew Welsh are honorary en of that organization, whose directors include Blackford County Prosecutor David Ford and former Ball State President John Pruis, now a Ball Corp. official.

Grover Hartman, chairman of the organization, read a statement from Bowen to the Finance committee in which the former governor said the constitutional amendment would not only legalize a state lottery but also "clear the way" for casino gambling and pari-mutuel betting. "My major concern with the legalization of gambling is its linkage to. illegal gambling," Bowen was quoted as saying. (See LOTTERY on Page 6) Few Favor Lottery Ban Repeal By SETH SLABAUGH Star Staff Reporter INDIANAPOLIS A survey of 13 state legislators' from Delaware and surrounding counties Wednesday revealed that only three favored a resolution to repeal Indiana's constitutional ban on lotteries. Saying they favored the resolution were: Rep.

Hurley Goodall, D- Muncie. Sen. Michael Rogers, R- New Castle. Sen. William McCarty, D- Anderson.

If the resolution were passed by the Legislature this year, lotteries still would not be legalized until the resolution was passed again by the Legislature 2 years from now and then approved by voters in a referendum. "It's time the public had a chance to speak," Rogers said of the perennial legislative people I talk to want it," Goodall said. Four legislators said they were undecided. Those four said they were waiting for more comments from constituents: Rep. David Hoover, R- Ridgeville.

1980, Elgin Manor and Sugarbush apartments were built along with the university's $7 million addition to its College of Architecture and Planning. Ball State started the $10 million Robert P. Bell Building in 1982, and the Muncie Housing Authority started work on Southern Pines Apartments the same year. The university and government agencies again boosted building last year. About $2 million in new building was reflected in Ball State's renovation of Arts Building and North glene housing authority started a $400,000 renovation of Parkview Apartments, and the city had a $100,000 fire station built along Wheeling Avenue.

Another $85,000 was spent on renovation of Muncie Public Library. STAR Cor. 3:17 Friddle said most new construction and development was found on the city's northwest side, along with some development in the downtown business district. About $355,000 worth of renovation was done in the downtown, including development of Historic Rose Court and the Root Building next door. Beachler's Furniture also renovated the old Ball Stores furniture store.

In North Lyndenbrook, more than $1 million worth of new building took place with Industrial Trust and Savings Bank, Tim Foley Plumbing, Tussey's Dress Shop, Burgauer Business Machine and a shopping mall locating there. Across the street, the new Warner Gear Employees Federal Credit Union accounted for another $584,000 in new building. (See GROWTH on Page 6) 24, 1985 The Muncie Star 25 CENTS Proof Is in the Pie Dr. Raymond Dault, food science professor at Indiana University at Indianapolis, samples one of the more than 170 entries in Wick's first annual pie baking contest Wednesday. Dault was one of four judges of the event held in conjunction with National Pie Day.

Story on Page 3. (Star Photo by John Crozier) GOODALL ROGERS I Sen. Allie Craycraft, D- Selma. Rep. Thomas Coleman, R- New Castle.

Rep. Patrick Kiely, R- Anderson. "I'm neutral to negative," Kiely said. "Right now I'm inclined to support it," Coleman said. "I would probably vote against it," Hoover said.

"Representing a district that borders Ohio has a state there is a lot of interest there, but it's probably a 50-50 issue. I welcome more "In the past, my surveys of constituents have always been close, up until last year when 62 percent said they favored it," Craycraft said. "I've voted 'no' in the past, and I'm still leaning toward but I will consider what my survey shows this year. I sent out the survey at the start of the session, and all of the results are not back." Opposed to the resolution are: Sen. Wayne Townsend, D- Hartford City.

Sen. Roger Jessup, R-Summitville. Speaker Pro Tem Jeffrey Espich, R-Uniondale. Rep. P.

Eric Turner, R-Gas City. Rep. Ralph Duckwall, R- Van Buren. House Speaker J. Roberts Dailey, R-Muncie.

"It's not good public policy to encourage people to fritter away their money," Espich said. "I think it's a poor position to (See FEW on Page 6) Rural Ridgeville Woman Killed in Randolph Crash CRAYCRAFT RIDGEVILLE, Ind. A rural Ridgeville woman was killed and her husband was injured in a onevehicle accident early Wednesday morning. Evelyn D. Johnson, 32, R.R.

2, was pronounced dead at the scene of the 5:15 a.m. accident. Randolph County Coroner Kim Baker said Mrs. Johnson died of severe head injuries. No autopsy has been ordered, he said.

Her husband, Lewis 35, complained of head pain after the accident and was released from Randolph County Hospital after treatment. Prosecutor Derails Jail Meeting Complex in Hands of Non-Existent nt Star Staff Reporter Delaware County Prosecutor Michael J. Alexander told county commissioners Wednesday that they did not have the authority to select the underwriter for the $11.8 million Public Safety Complex. "You have no authority to do any of this," he said. "Your own agreement says you don't." Alexander made his remarks during a meeting that had been called to discuss financial proposals submitted by prospective underwriters for the complex.

He told commissioners he was speaking to them not as county prosecutor but as a private citizen. The interlocal agreement, signed in November, establishes a not-forprofit building corporation that will finance and build the jail complex. It also lists the specifications on which the underwriters were to give their financial proposals. Questions concerning the validity VICKI HERMANSEN ESPICH "expected to follow" the terms of the interlocal agreement, but he said he knew the corporation's board members "could change their minds if they wish" regarding the selection of the underwriter. Alexander read a sentence from the agreement that says the city and county "agree to take no action, either by commission or omission, which would or could affect the building corporation or the bondholders without the prior written consent of all the affected parties." "You don't have their prior written consent," Alexander said, "because it building hasn't been formed Alexander also said he did not think the building corporation would- be subject to Indiana's (Open Meetings Law because it would be a private corporation.

At one point, Deputy Mayor Roy Hall left the meeting to confer via Police said Mrs. Johnson was driving a van westbound on Randolph County Road 850-N, about 2 miles southeast of Ridgeville, when she lost control of the van, crossed the center line and went into a ditch off the south side of the road. The van struck a telephone pole and came to rest on its wheels beyond the pole in the ditch, police said. Police believed the Johnsons were en route to open their restaurant, the Hungry House Cafe, in Ridgeville. Services for Mrs.

Johnson are pending at Middleton Mortuary in Ridgeville. Related Article on Page 14 of the agreement were raised 2 weeks ago, as were questions on the selection of E.F. Hutton as underwriter. Alexander, referring to the agreement, told commissioners they did not "have the right to finance" the complex. He said city and county officials had given up that right "to a corporation that's not in existence He said the building corporation as established in the interlocal agreement was autonomous, a "separate legal entity." He told commissioners the agreement provided for the building corporation to select 1 the underwriter.

Commissioner Ronald Quakenbush said it was "our intent to keep this close to those elected." He said the appointed members of the building corporation were telephone with James Shanahan, the Indianapolis attorney who drafted the interlocal agreement. Hall returned to say that after the underwriter had been chosen, "we have nothing to do with it." He implied that board members who did not agree with the terms of the agreement could be replaced. "We can choose who we want," Hall said. County Attorney Franklyn Brinkman said the interlocal agreement could not be termed valid until it had received approval from both city and county councils. He said both councils must approve the agreement in the form of a resolution or ordinance.

Earlier, Hall told commissioners that Mayor James P. Carey had asked him to "ask you to move ahead with the project." But Brinkman said the county would not submit to "pressures from other government entities to proceed ahead." "There is no authority at this point in time to proceed any further Brinkman said. "If the agreement is approved by the councils, only then can any parties proceed further." Brinkman said the commissioners would not sign an agreement for the underwriter's position with any investment firm until both councils had passed the proper legislation. Doyle Bell, president of the board of commissioners, said no further action would be taken until commissioners had been assured the agreement was legal. "None of us want to violate state statute," he said.

Chance of Flurries A chance of afternoon flurries is forecast for today with highs near 30 and lows 'in the upper teens. Details on Page 27..