Tampa Bay Times from St. Petersburg, Florida • 31

TIMES WEDNESDAY, APRIL 27, 1994 3B Ex-Bucs player given 15 years Death lay in reach of a 7-year-old A man killed by his own gun in the hands of children had left the weapon out before, police say. The former running back weeps after being found guilty of two counts of cocaine trafficking. mini At the time of his arrest, Smith had been working for the state Department of Health and Rehabilitative Services as a youth counselor at W. T. Edwards detention center for juvenile offenders.

By PAUL DE LA GARZA Times Staff Writer 9. Times Staff Writer 1987 photo Don Smith was an HRS youth counselor when he was arrested last year. later. Smith wept in a Hillsborough County courtroom after a jury found him guilty on one count of trafficking 400 grams of cocaine and conspiracy to traffic 400 grams of cocaine. Smith was a second-round pick by the Bucs in 1988 out of Mississippi State University, where he played quarterback.

He was converted to running back. With Tampa Bay, Smith played in 21 games, carrying the ball 20 times and catching 19 passes. Buffalo signed Smith in 1990. He was a valuable third-down back for the Bills, catching 21 passes for 225 yards while averaging 4.1 yards per carry. His biggest moment came in 1991 when he scored a touchdown in Super Bowl XXV at Tampa Stadium, where the Bills lost 20-19 to the New York Giants.

case. The shooting appeared accidental, and the weapon belonged to Murray. Cole said a group of children age 2 to 11 was playing video games at the College Hill apartment that Murray shared with his girlfriend. It was about 8:30 p.m. As the children played, Murray was on the couch and the handgun was by the television.

After finishing her turn at the games, the 7-year-old girl, a neighbor's child, picked up the weapon, Cole said. "Out of curiosity, she goes and picks it up," Cole said. "Then the 2-year-old sees she's playing with it, and he gets curious. They start fiddling with it back and forth. "Isaiah runs to get the gun, and a shot goes off." Murray never got his hands on the weapon.

It wasn't the first time Murray had left the gun unattended, Cole said. His girlfriend had told him repeatedly not to leave it around the apartment. "We've said it a billion times," Cole said. "If you're going to own a gun, there's a lot of responsibility that goes along with it. Safekeeping of that weapon has got to be a priority." In an inter TAMPA First, the 7-year-old girl got curious; then the 2-year-old boy.

They were intrigued by the handgun lying next to the television, and the girl picked it up. The boy joined her, and they started fiddling with it. Seeing this, the boy's father, 32-year-old Isaiah Murray, lunged toward the children, and that's when it happened. The gun went off, striking Murray on the left side of the body. According to Tampa police, Murray walked two blocks to a pay phone, then collapsed.

He was pronounced dead Monday night at Tampa General Hospital. Police think Murray went to the phone to call for help. On Tuesday, police spokesman Steve Cole said investigators did not plan to file any charges in the TAMPA Former Tampa Bay Buccaneers running back Don Smith was sentenced to 15 years in prison 'Monday after being found guilty on two counts of cocaine trafficking. Smith was videotaped April 30 buying a half-kilo about a pound of cocaine from undercover officers in a parking lot at Waters and 'Florida avenues in Tampa. He had $9,500 stuffed inside a Kentucky Fried Chicken box.

Co-defendant Raul Maldonado was found guilty of simple possession of cocaine and will be sentenced view with the Times several months before his arrest, Smith boasted about his financial investments. "When you play football, you see a lot of guys who didn't know what to do with their money," the former Bucs player told the Times. "But my wife and I always had this vision of owning our own business. We did the right things with our money." Speaking up for children TP Two Blue Jays ace say -rw rim i-7- i 1 'Gorilla' defends wrestling in court The famed wrestler says he has never seen the Rocker Dropper hurt anyone as badly as was the man who broke his neck in a 1990 match. Tn i Tampa police say they are ready to play hardball.

oThe pitchers face charges of battery on a law (enforcement officer. 2 1 'AM By MARTY ROSEN Times Staff Writer $4-million last year, accused the club's cashier of overcharging him $3 on the cover charge. Stottlemyre got involved in the argument after police arrived. He was arrested, according to reports, prompting Stewart to punch an officer. The Hillsborough State Attorney's Office on Monday filed felony charges of obstruction and battery on a law enforcement officer against the men, echoing the charges initially filed by police.

They could face up to five years in prison and a $5,000 fine for each charge. Stewart also was charged with disorderly conduct, a misdemeanor. The players rejected a plea agreement to reduced misdemeanor charges. TAMPA Toronto Blue Jays pitcher Dave Stewart admitted he resisted a Tampa police officer outside an Ybor City nightclub in '-February, but only out of concern for his $4-million pitching arm. His friend, Blue Jays pitcher Todd Stottlemyre, admitted touch-ting a police officer, but said it was to get his attention.

VtU Times photo RICARDO FERRO Jack Levine, center, and Connie Whitehead talk with Dick Gregg while they canvass homes in Treasure Island in Pinellas County. Levine, executive director of the Florida Center for Children Youth, and volunteer Whitehead of Treasure Island were talking with residents as part of the Florida Children's Campaign, which asks voters to tell candidates that they need to pay attention to issues affecting children. "We're taking children's needs away from the conference table and putting them on the kitchen table," Levine said. Tuesday afternoon, volunteers canvassed 210 homes, Levine said. tat fa i "i ti STEWART I yi c.

Their attorneys Tuesday released polygraph tests that they said tsupport their clients' claims of innocence and they knocked the Tampa Police Department's handling of the Feb. 20 arrests on felony charges. "This became a criminal case because the police allowed it to escalate to a criminal case," said Tampa lawyer Ronald K. Cacciatore, who represents Stewart. With all the rapes, ATM muggings and murders in Tampa, he said, he found it "incredible and ridiculous" that 12 Tampa police officers Cacciatore said the terms were unacceptable: Tampa police asked for a plea of guilty and an apology.

Besides, he said, Stewart and Stottlemyre are innocent. The lawyers said they did their own investigation and determined their clients' innocence based in part on statements from friends of the two players. Both players passed a privately conducted polygraph test administered March 9 in Seminole. Witnesses claim Stottlemyre was pushed into a police officer, but never intentionally threw a Rising star's police career doesn't shine so brightly Capt. Sam Jones Jr.

has been suspended more than once from his duties at the Tampa Police Department. STOTTLEMYRE partment in 1973 and was promoted to captain in December 1992. He is in charge of the Community Affairs Bureau. Jones was one of five captains under consideration to replace Maj. Ed Fryrear of District who announced his resignation about two weeks ago.

District I covers the city's west side. Police Chief Bennie Holder is expected to announce Fryrear's successor later this week. Tuesday, Holder declined to answer any questions about Jones. Asked how someone with Jones' record could rise through the ranks, Cole said: "Capt. Jones has many strengths, although his past does show he has had some weaknesses." By PAUL DE LA GARZA Times Staff Writer By BRUCE VIELMETTI Times Staff Writer TAMPA Visiting a Tampa courtroom Tuesday was like stepping into the ring, and back in time.

"Gorilla Monsoon" was on the witness stand, testifying about heavyweight boxing champ Muhammad Ali and his impromptu challenge to the professional wrestler after a mid-1970s match. "Ali found himself 8 feet high in the air, in an airplane spin," Monsoon said. "That was the last I saw of Muhammad Ali." Aging grappler Walter Kowalski testified too, explaining how he became known as "Killer" in the 1950s. "I earned that name," he said. Such entertainment came during the defense case in a trial pitting a part-time wrestler against the World Wrestling Federation and a pair of its stars, The Rockers.

Charles Austin broke his neck in a December 1990 match against The Rockers at the Sun Dome in Tampa. He sued the tag team and WWF for negligence, claiming they didn't follow the script for the match-ending Rocker Dropper and didn't have adequate safety precautions. Austin, a former college football player, now walks only with crutches and great effort. He can't control his bowels or bladder well and suffers pain in his feet and hip. Before the defense began presenting its case Tuesday, Hillsborough Circuit Judge Manuel Menendez dismissed Rocker Shawn Michaels from the lawsuit, after his attorney argued that no evidence showed Michaels did anything to cause Austin's injury.

Michaels slammed onto a paralyzed Austin, but only after partner Marty Jan-netty had taken Austin to the mat in the Rocker Dropper. The Rockers testified Austin had been instructed in the maneuver five times before the match. Gorilla Monsoon, whose real name is Robert Morella, said he wrestled in about 5,000 matches during his career. He now is a WWF announcer. He said he has seen the Rocker Dropper performed hundreds of times but never saw anyone injured like Austin.

Morella also said he has never seen anyone forced to perform a maneuver. Choreographed pro wrestling carries an inherent risk of serious injury, he said. Which brings us back to Killer Kowalski. He was wrestling "Yukon Eric" at the Montreal Forum in the 1950s when Eric got in the wrong position for Kowalski's flying knee drop. Kowalksi's shin caught Eric's rigid cauliflower ear and sheared it off.

"There was blood spurting all over the place," Kowalski testified Tuesday. The promoter chastised him later for not visiting Eric in the hospital. 'So I said. These things TAMPA He was suspended from the Tampa Police Department in 1975 for asking "unnecessary" questions of a woman suspected of having sex with a man near the Courtney Campbell punch. Stewart, prone on the ground, tried to keep an officer from handcuffing his right arm, said his lawyer, Paul Levine.

"Mr. Stewart was very concerned for his arm because there were threats it would be broken," he said. Both players were in Kansas City on Tuesday for a ballgame and were unavailable for comment. converged on the Masquerade Danceteria for a verbal argument. Tampa police refused to respond.

"The proper place to respond is in court and, believe you me, we're ready to play hardball," said police spokesman Steve Cole. "Nine innings, and if it takes extra innings, we're prepared." According to police reports, Stewart, who earned more than Three years later, he was suspended again. Thistime, say police records, he took a woman with "an obvious emotional problem" to a hotel and had sex with her. She claimed he raped her, but investigators cleared him of any criminal wrongdoing. Now, Capt.

Sam Jones Jr. is under fire once more. "We do have an Internal Affairs investigation into an allegation that Capt. Jones tried to quash a ticket that was given to his son," Tampa police spokesman Steve Cole said Tuesday. "At this point we can't elaborate beyond confirming we do have an In January iyt, Jones was suspended for five days for an "act of immorality." Police files say he discovered a couple engaging in sex in a car near the Courtney Campbell Parkway.

"You placed the female in your patrol car and began questioning her in regards to any sexual activity she and the male might have been engaged in," the records said. "The questions you asked were unnecessary and were only asked to satisfy your own interests." In December 1978, Jones was slapped with a 30-day suspension. Police files show that Jones, who war a detective, met a woman at 30th Street and Fletcher Avenue with "an emotional Capt. Sam Jones Jr. is being investigated in the attempted fixing of a ticket.

"FW' problem." He tried to get her help "by contacting several agencies" but she refused. Later, he took her to a Ramada Inn in his patrol vehicle, rented a room and had sex with her. The Hillsborough Sheriff's Office investigated the woman's rape allegations, and Jones was cleared. Then in 1987, Jones once again was suspended this time for 15 days for getting paid by the Jones' son, 21 -year-old Samuel Jones III, was cited April 14 for going 45 mph in a 30 mph speed zone, Hillsborough court records show. Later, says a complaint that originated within the Police Department, Jones called District II, the district that patrols the city's east side, and asked that the ticket be pulled.

When a lieutenant got wind of his request, she said no. Jones, 41, did not return a telephone call Times photo KEN HELLE Attorneys, from left, Ronald K. Cacciatore, Paul Levine, Dave Runyan and Dan Burton hold a news conference in Tampa to support their clients' claims of innocence and decry police's handling of the Feb. 20 scuffle at an Ybor City nightclub. Tuesday city of Tampa while working off duty at area A Tampa native, Jones joined the Police De- apartment complexes.

He, in fact, was on duty. Commissioners are left lookinq for a home Le9ion posts loss more than iust fla9S Jf Times Staff Writer nf mpmhers who have died, i of members who have died, and By JEFFREY BRAINARD Times Staff Writer In a courthouse game of musical offices, the County Commission and staff finds itself the odd agency out. who give them back to the post in honor of their loved ones. The first flag stolen was of particular sentimental value to members, for it was used in the recent funeral of former post commander William E. Cox.

"It was given to him for service to his country," said post commander John M. Fiedler. Fiedler said post members now have two options: "Either we can move the pole, or we can put the flag up each morning and take it down each night. But we have to fly the flag." Meanwhile, "We hope people driving down Fourth Street will report anyone they see tampering with the flag," said post secretary Sally Courtright. county staff must find a new home.

The staff will look quickly for rental space and may even consider renovating the county auditorium at the county fairgrounds as temporary office space. The commission was spurred into action by County Judge Mark Yerman and Circuit Judge Patricia Vitter-Thom-as. They have been waiting since December for a complicated space shuffle that will free space for the county's three judges. All three eventually would work on the third floor of the new courthouse. To accomplish that, the plan is for the state attorney's office to be moved into space on the second floor now occupied by the commission and its staff.

Yerman said it was time to act. He ST. PETERSBURG For 75 years, American Legion Post 14 has flown its flag in this city and never had it stolen. Until Sunday night. And again Monday night.

Also stolen Sunday night from the post at 1520 Fourth St. was the POW-MIA flag flying beneath the American flag. During both nights, the lighted flags were flying at half-staff because of former President Nixon's death. Post staff members wonder if there might be a connection. The irony of it is that the American Legion donates flags to any worthy organization.

Now the post is down to one flag. Most flags are donated to the post by families presides in an old courtroom in the old courthouse. "We talked about tripping all over each other up there," he said. "It doesn't work." Besides agreeing to find a temporary home quickly, the commission also agreed to begin the first phase of the historic restoration of the courthouse. Moving to the auditorium would involve a certain irony.

The commission and its staff scrambled in 1989 to convert that building into a temporary jail to comply with a court order. After the county's new jail opened in 1992, the building, which formerly was used heavily by community groups, stood unused until it was renovated at a cost of $200,000. It opened last month with a fresh coat of paint. INVERNESS The Citrus County Commission began hunting for new offices Tuesday after judges said time was up to begin moving out of the new courthouse. The board agreed not to move immediately into the old courthouse, which is in the middle of a multiyear restoration project.

Staffers initially had recommended moving the commission and county administrative staff into the building, which is listed on the National Register of Historic Places. Members of the county Historical Society worried that could interfere with the restoration project. That means the commission and.