The Odessa American from Odessa, Texas • 7

TH i Odessa SECTION Mm SPORTS AMUSEMENTS 5B BUSINESS REVIEW EDITORIALS 8B Monday, February 3, 1975 Following Arguments Today ET3 Mm lo) electric chair or draw life terms in prison the only two possible punishments available to Ross and Gholson since the jury found them guilty of capital murder Friday night. The judge told the jury their only now would be to answer "yes" or "no" to three questions, and based on those answers the judge; would be obligated to assess punishment The three questions put to the jury are: "Whether the conduct of the defendants that caused the death of the deceased was committed deliberately and with the reasonable expectation that the death of the deceased or another would result." "Whether there is a probability that the defendants would commit criminal acts of violence that would constitute a continuing threat to society." "If raised by the evidence whether the conduct of the defendants in killing the deceased was unreasonable in response to the provocation of the deceased, if any." If the jury answers all three questions, then Busby is enforced for the past few days. Every spectator who enters the courtroom is searched. Women's purses are gone through by a female officer, the atrial was reconvened at 9:30 a.m;, Busby first read his charge to the jury. Ross and Gholson are on trial for the Sept.

14 shooting death of State Trooper Hollie Tull, 48, of Temple. In his charge he told the jury of eight men and four women they would not be required to specifically state whether the defendants would die in the By HOWARD HUNT Amertcu SUA Writer Jury arguments in the punishment phase of the Larry Ross-Selwyn Gholson capital murder trial were begun by the prosecution as the trial went into its third week at 9:30 a.m; Monday. District Judge Don Busby of Temple, who is presiding at the trial which was moved to Odessa from Bell County is allowing one hour of arguments on each side. Busby also ordered the same tight security which has been intifoduced a Black Muslim clas note book Saturday bearing Ross' name, and fingerprints of Ross and Gholson on several pages. One of the notations in the hook read, "Shoot Whitey in the head to make sure he's dead." Carroll has stated he willr read the nine-page note book to the jury.

To substantiate the second question in Busby's charge to the jury on "probability that the defendants would commit future criminal acts of violence and constitute a threat to assess the Should the jury answer one or more of the three questions then punishment for the defendants would automatically be life in prison. District Attorney Joe Carroll of Temple offered evidence that Tull was gunned down on a lonely road on the outskirts of Temple by four shots from a .32 caliber pistol and three blasts from a shotgun. Additionally, in efforts to prove the shooting was "deliberately" done, Carroll Light bound by law death penalty. to He said his diagnosis revealed the defendant suffered from no mental disorders, and was "not a sociopath." In connection with the third question to be answered by the jury, Carroll scoffed that Tull may have "provoked the defendants into killing him." He has told the jury, "Officer Tull was acting in the performance of his duty when he stopped the defendant's car to question them about a bank robbery (earlier that day at the Walburg State Bank), and they didn't want to be caught, sO they killed him." Aiding Carroll in the prosecutation are his assistants. Bob Odom.

Arthur Eads and Troy Hurley, all of Temple; Ector County District Attorney John Green, and Carroll's investigator. Andy Anderson of Temple. The defendants are being represented by Ron Piped and Frank Roberts, both of Killeen. for Ross; and Frank Holbrook of Killeen and Jim Kreimeyer of Belton, representing Gholson. All the defense attorneys were appointed by the court.

society. Carroll Saturday called two psychiatrists. Dr. John Holbrook of Dallas told the jury he had examined Ross and Gholson, and each was a sociopath. "The only difference is that Ross is a lot more clever," the doctor said.

In describing a "sociopath" to the jurors, Holbrook said. "Once a sociopath has killed, he is more likely than a member of any other disordered category to kill again. He's dangerous and constitutes a threat to society, He'd be dangerous even in prison." Holbrook served as chief psychiatrist at Huntsville state prison for 10 years. Dr. James Grigson, also of Dallas, testified' he examined Gholson.

He agreed with Holbrook that the defendant was a sociopath. "He's at the far end of the scale and places no value on human life." The defense called to the stand another psychiatrist. Dr. Roger G. McCary of Austin.

He disagreed with the other two doctors of their evaluation of Gholson. Autopsy Ordered To Shed Deaths May Remain Mystery By ROBERT BORDEN autopsies blood, thus causing suffocation in a "very, very few minutes." The Houston doctor said carbon dioxide is a normal stimulant to breathing, and one of the first signs of poisoning would be an increase in breathing. Dr. Vincent E. Sherrod, an Odessa physician, said, "When a person dies of carbon dioxide poisoning, he turns pink or has a ruddy complexion.

The person will also get warm and calm just like he would act if he were freezing to death, and he feels absolutely no pain." Hydrogen sulfide is a lethal gas, which even in small concentrations, paralyzes the body's enzymes and causes death very quickly, Dr. Storey stated. "Ordinarily, it would kill quite rapidly," he added. Dr. Sherrod said a person inhaling hydrogen sulfide would have a burning sensation in his lungs when the gas causes the blood vessels to contract, cutting otf the circulation.

Starling said Monday he ordered no autopsy on the victims because they all died from the same cause. "I saw no necessity for an autopsy." he said. However, on the advice of a Dallas pathologist, Starling had several of the dead animals in the vicinity picked up and frozen. The Dallas pathologist said. the animals would serve the same purpose for an autopsy.

Although carbon dioxide is odorless, some hydrogen sulfide mixed in with the gas created an odor that spared Some neighboring residents who managed to escape in time. All the nine victims were in one home. Dr. Ferrin Moreland, toxicologist for the Harris County medical examiner's office in Houston, said carbon dioxide poisoning is painless. Dr.

Moreland said the carbon dioxide, which is a normal by-product of breathing, would replace the oxygen in the American Staff Writer DENVER CITY Exact cause of death in the Sunday suffocation of nine persons in Denver City may never be known, although the National Transportation Safety Department has requested an autospy on at least one of the victims. Dr. Wray Storey, pathologist with Medical Center Hospital in Odessa, said Monday an autposy could be performed, but if the bodies had already been embalmed, the results might be inconclusive. Carbon dioxide gas is suspected in the deaths and Dr. Storey said a high presence of the gas in the blood would be necessary to link it to the deaths.

Embalming replaces the blood. Denver City Justice of the Peace Hoyt Starling ruled death due to gas poisoning in the Sunday tragedy. He did not order Death Well Mad Safety Devices 1 i Ita TeUSs ff Marrow By BOB HORN i American Staff Writer stood shivering under Pnve'City hospital, however, the eve of his country home 8 concern was Sunday afternoon, obviously stlU for nls neighbors as he grateful that he and his at the office of Atlantic S. Richfield to pflll for hpln. 1 1 --f I jammed my head against the top of the car;" Before continuing on the i Drone uie aoor glass wiui my fist so I could get inside," he noted as he displayed some superficial cuts on his arm.

"I know one thing, those glasses Jn bk as easy real life as ott: television. I thought I could just hit it once and it would shatter." Concerned for his neighbors nagged at the young oil worker throughout the morning and ra.o..w treating his wife and getting the glass of of his arm Merrill returned to the scene of the Sunday morning tragedy. "I just thanked God that our boys escaped injury and my wife is going tote all right," he reflected Sunday afternoon. "I just wish there was something I could, have done to help the Pattons." Merrill, who works for Shell- I 4 4'r. II Could VJorse The carbon dioxide gas used for the injection is purchased from the local El Paso Natural Gas Plant in Denver City.

The carbon dioxide contains some hydrogen sulfide, Barcus said. Safety devices were used to check the area after the injection equipment was turned off about 7 a.m. Saturday, some two hours after nine area residents died. Atlantic Richfield personnel Monday went about their business, but Barcus said there was a "sadness," adding the personnel were "searching for how they and how we can be of help to each other." Barcus said he didn't detect any bitterness? "Of Course, the community is familiar with the oil industry and these hazards. -It doesn't make it any easier to take, though, he added.

Registration At OC Again Sets Record A total of 3,302 students have enrolled for the spring semester at Odessa College, breaking the old record of 3,284. students, set this fall. Late registration is-' continuing and students may register through 5 p.m. today and again from 6 to 8:30 p.m. today.

Late registration Tuesday will run from 8 a.m. to 5 p.m. Registration will be held in the Student Services Office in Baskin Hall. OC President Dr. Phillip Speegle predicted the college will have about 20 per cent more students when late; registration closes than it did-last spring.

School Board Meeting Set a County school board members will meet once again in a 7 a.m. breakfast-work session Tuesday at the Food Service Building, 10th and Colder, to consider more of the proposed board policy book Three policies remain to be approved in the eight-policy book. Board members met last week for a 7 a.m. breakfast-workshop and spent nearly two hours considering some 25 policies dealing with students. Sections remaining deal with the school plant, special services and community relations.

Currently, the board has no policy book. Instead, board policies and administration policies are kept in files. 4 Work on the book has been going on since November, 1973, according to A. G. McDonald, assistant superintendent for curriculum.

Breakfast will be provided by food service personnel under the direction of Richard Sweet, director. DENVER CITY (Staff) -The equipment which failed in Denver City Sunday, causing the deaths of nine persons, had operated more than two years without a hitch, according to a spokesman for Atlantic-Richfield Co. And, safety devices on the injection well were not activated because the leak which allowed carbon dioxide and hydrogen sulfide to escape into the air was too small. Carter Barcus, Atlantic Richfield public affairs manager for the Southern area out of Dallas, said Monday the leak was on injection equipment for one of nine wells which had been in operation since late 1972. There had apparently been no problems in the past, Barcus said.

Men who work on the wells are equipped with gas masks and other life-saving equipment, although they normally don't wear the equipment. Barcus said, "Normally there are wide-open spaces with lots of breeze out here." He was unable to say why the small leak in the "Christmas tree" of valves on the well would cause a concentration of lethal density. The well itself was equipped with a safety device which would have 'turned off the injection equipment had the pressure dropped sufficiently. The leak was too small, Barcus said, to cause the device to operate. "If it (the leak) had been a blowout, the safety device would have worked," Barcus said.

As it was, the injection equipment had to be shut off by hand. much as any county could do." He added, "We can't say that it's not going to happen in Denver City or in Odessa. We bave wells like this in the town of Denver City. It's one of the hazards you have." "This is the only C02 trouble that we've had so far as I know," said Justice of the Peace D. H.

Starling. He mentioned, however, a similar incident that occurred in 1967. At that time, two oilfield workers were asphyxiated about a mile north of Denver City at a salt water, disposal gathering unit. 4 The two were acidizing the salt water junction box when they were overcome by the fumes. fcrf.

Starling said the National Transportation and Safety Board flew a man into Denver City from Washington, D.C., Sunday to check on safety VOi course everybody is Just dumbfounded about the thing that happened," Starling said. "I am sure there will ne lots of adjustments made," said Judge Holder. "They've been experimenting with this for several years, using gas instead of water." (Staff Photo By Bob Horn) PATTON HOME WHERE EIGHT PERSONS DIED At Home In Background Escaped But 'No Bitterness' Oil returned to his neighborhood just as it was getting light and a light rain began falling. "I Came back because 1 wanted to do anything that I could help," he said, "but wasn't. much anyone could do.

I guess we were lucky to have gotten out and that the gas didn't get anyone else living in this area." As the tragic Sunday drew to a close the light rain continued to fall, washing away the rotten egg smell of the hydrogen sulfide gas that had lingered in the air most of the day. Pipline crews from Atlantic Richfield ahd repaired the leaking well but the dry ice that was formed from the leaking carbon dioxide gas continued to send billows of white steam into a light breeze. The oil workers standing around the area of the injection well cast watchful eyes at the white coud, sniffing the air and wondering if the next burst of the white vapor would contain some of the lethal gas. www averted. Mrs.

Lavada Mills, a nurse at Yoakum County Hospital, said the entire staff of the county hospital was alerted early Sunday morning after word had spread of the gas poisoning about four miles northwest of the city. "We were'first told that between 20 and 40 gas victims would be brought into the hospital," Mrs. Mills said, "but fortunately Mrs. Tom Merrill was the only one that we treated and that was because she complained of headaches and nausea. Mrs.

Merrill was dismissed at 5:45 p.m. Sunday and appeared to be in good condition." Dr. Keller Greenfield, the town's only doctor, was at the hospital at the time Mrs. Merrill was admitted. Dr.

Alfred Redwine of Seagraves is on standby for the Denver City Hospital but he wasn't called -into service. Mrs. Mills said members of three or four families living in the area of the Merrill home came by the hospital during the day and were checked for effects of the gas. "I think the people came by to check on Mrs. Merrill more than anything Mrs.

Mills said, -but they were, all complaining of headaches and slight nausea." Rain streaked down his face and clouded his glasses as he east a concerned glance at Short Dog, the family pet, who gas from a secondary recovery oil well earlv Sundav momine. oil well early Sunday morning. It left nine dead persons in its Wake. ryu'i 3 The dog was hanging on to a thread of life as a couple of Denver City firemen forced oxygen down nls tnroat. Tne farnilv cat had died in the backyard after being overcome by the gas.

5 "No, I wasn't awake," he grinned. "Who wakes up at 5 in the morning on Sunday and their day off?" I Merrill said he got of bed, dressed fast, when he got his first smell of hydrogen sulfide gas that was escaping from a nearby injection well. Almost instinctively Merrill said his first thoughts were to help his neighbors, the J. C. Pat tons who lived about 50 yards to the east.

j. 'I called Patton to alert them of the gas," Merrill recalled. "He went outside to check where the gas was coming from and in a few minutes Mrs. Patton called me back and said jiernusoananao stniggieooac a -1 A 1 1 1 inside the house and almost passed out." From that point, about 515 a.m. Sundav.

tmngs oegan to happen so fast that the young Shell employe could recall only the highlights. "I remember getting my wife and two boys in the car," he said. "My first thoughts after that was to help the Pattons because they had a houseful of -AMmMMint ttlt 194 ftimA ill 7 famUv Treudon of sorts." Just as Merrill started backing out of his driveway he said his wife collapsed into the front floorboard of the family car. He said bis wife's head fell on his foot causing him to jam. the accelerator all the way to the floor.

"We shot out of the driveway, barely missing the fence on both sides of the road," he said. "When my wife passed out 1 knew there was nothing I could do for the Pattons and I knew that I had to get her to the hospital." Merrill said he remembered very little about driving the mile to State Highway 214. a point three miles north of Denver City. ri knijw that I was armng DENVER CITY Staff) -Although nine persons died from gas poisoning here early Sunday morning, a catastrophe r--r-- Trin Hiir In Smashup A 19-year-old Midland man was in guarded condition Monday at Odessa's Medical Center Hospital with facial and throat lacerations suffered in a one vehicle accident early Sunday just south of Midland. Two other persons' were released from Midland Memorial Hospital after treatment for cuts and bruises.

Ricky Julian was admitted to Medical Center Hospital at 7:31 a.m. Sunday, transferred from Midland Memorial Hospital. Ronald Chambers, Route 1, Midland, driver of the pickup truck involved in the one-vehicle and another passenger, Calvin Clark, 17, of Midland, were both released from the Midland hospital after treatment. Texas Highway Patrolman Bob Ross said the accident happened 4:45 a.m. Sunday, about a half mile south of U.S.

80 on Fairgrounds Road. Ram taid thp northland Catastrophe Have Been By MICHAEL KERR American Staff Writer DENVER CITY Public officials in Yoakum Cnnntv anrt Denver City expressed sadness and dismay over the gas poisoning of nine persons Sunday, but one official said there is "no bitterness" in the town. "There's no bitterness toward any oil company or anything like that," Yoakum County Judge O. H. Holder said Monday, "because they expect accidents like that to happen and they do happen.

It's a sad community. The whole town is very sad about it." Yoakum County commissioners and Denver City councilmen were to meet in regular sessions Monday, but Judge Holder -and Mayor Ed Gayle said Monday morning they didn't expect any action concerning the poison gas. Mayor Gayle said, however. that the city council would probably discuss the incident at its Monday night meeting. As for a possible proclamation from bis office.

Mayor Gayle said, "I don't know what I'll do yet. I'll probably do something tomorrow if I do. It was a tragic thing." sometimes it's dangerous to even live in them." Some businesses in Denver City may close fo'r the funerals, however. Judge Holder said. "In Denver City they usually all close for anything like that," he said.

As'for seeing that a similar accident doesn't happen again, the judge said, "I think your oil companies will probably come up with something. I think they'll learn a lesson. As for the. county, they've done as 3fs Talks hearing as the fourth week of the 64th Legislature got underway. The morning center of attraction was a Senate committee session on a bill by Sen.

urn Moore, jBryan, to In- smau wan uneresi rates to 15,000 loans. "Of all loan shark bills, this is the grand- aaay oi inem ail," sen. Bill Patman, D-Granadoi" said: on Friday as unsuccessfully tried to delay the hearing. "We didn't know this poison gas was this close to town until this happened," the mayor said. schools probably won't CIOse Ior mnerais, out any students or teachers who choose to do so will be allowed to attend the funerals, said Supt.

B. F. Conger. "We're just all upset that this type of thing happened and I don't know what to do about it," Conger said. "This makes us realize that working in the oilfields itself is dangerous but Legislature Loon Shard AUSTIN, Tex.

(AP)-Texas legislators expect to start today arguing about loan sharks, switch to the plight of public school kids in the afternoon and end tonight discussing their own salaries. The Senate had a session scheduled at 11 a.m. and the' House at 2 p.m. Before' and after the formal sessions, the senators and ren. resentatives planned to spend most their time in committee up jnst about as fast as the car would go." he said; "because I hit a dip in the road and it threw me aU the way to roof and ickup truck went off teft ide of tte roa(j( turned over one a nalf tinles coming to rest on.