Rapid City Journal from Rapid City, South Dakota • 2

Friday, January 28. 1983 2 the Rapid City Journal Recall possible for Box Elder mayor State news Bob I he Regional Editor BOX ELDER A group of upset taxpayers has donated more than $300 to investigate recalling Mayor John Hughley and some members of the city council following an unsuccessful attempt to give Hughley a $20,000 salary. The group has made no decision whether to circulate petitions but one is expected soon, said former alder-V man Cliff Mc McAllese said Box Elder taxpayers are unhappy with the 4 percent pay raises given most city employees, the way the council handled a proposal to pay Hughley $20,000 a year (he eventually received a raise from $360 to $4,000 a year), the expansion of the police department to four men, a new city garbage service that started Jan. 1 a one percent city sales tax that went into effect Jan. 1 without a citywide vote and the city's recent purchase of a used car that Hughley now drives.

Hughley said Thursday he knows about the recall movement but said a "very very small number of people" are behind it the same people who tried to get him out of office before. Hughley, elected to a two-year term last April, said he has been run off the road a couple of times and prowlers harassed his family at night after he was first elected in October 1980. "I suspect it was some of these same people." To recall a city official in Box Elder, signatures of about 70 registered voters worth $670,000 that Hughley says will solve the city's water problems. He says the city employees would have quit unless they received a raise of 2.5 to 4 percent. He also defended the one-cent sales tax as "an opportunity to tax everybody who uses the services in Box Elder." He said he wouldn't have objected if the council had put it to a citywide vote before approving it last July but added, "I don't think the average city citizen knowns enough about city government to know what city government needs." He said the $3,800 spent to buy a used garbage truck in Lander, Wyo.

means the city charges about 90 customers $5.50 per month, compared to Black Hills Refuse $6.75. And, it "gave us an opportunity to employ one more resident." Hughley acknowledged that he "purchased the truck without council approval but got it later. The mayor also said he's using an unmarked police car with the permission of the council. He started driving it 10 days ago. "It's sitting in my driveway right now," he said Thursday night.

would be needed 25 percent of the number of people who voted in the 1982 gubernatorial election. According to McAleese, the disgruntled taxpayers are also considering forcing referenda on two recent council decisions the employee pay raises and the city sales tax. "We have to start an austerity program until the economy gets better," he said. The group may also propose disbanding the police force, he said. "Maybe the town would be better off getting rid of the whole police force and hiring the (Pennington County) sheriff's department," said McAleese.

"What the hell do we need all this police protection for? We really don't have much of a problem, considering we sit next to a military installation." Since Hughley took office, the force has grown from two to four men, and he says the city's crime rate "may be the lowest in South Dakota." Hughley feels his administration has made some accomplishments especially a new reservoir and well Allese, one of 24 people who attended a meeting Jan. 6 to discuss the idea. "We've got to ctnn thp pyrptis 44 Hu9hleV spending and taxes. We can't afford this luxurious government," Mc Allese said Thursday. "Where will it stop? Look at the S.

government. It's an animal and it has to be fed." The group has hired an attorney, he said. I Murder suspect being held without bond Muetze Florey Hot Springs seeks grant to fix up city auditorium HOT SPRINGS Hot Springs will apply for a $135,000 state grant for fixing up the city auditorium that's been closed for more than a year. If the application is approved, the city will look for another $405,000 from private investors and lenders to complete the estimated $600,000 project. To pay back those loans, the city is hoping the Legislature will change state laws so Hot Springs can collect 2 percent city sales tax instead of one percent, said Mayor Joe Lux.

A bill making that change is expected to be introduced. The package is "creative financing, a unique concept," Lux said after the council approved the grant application Thursday night. Investors get federal tax breaks for rennovating historic buildings and lenders could earn 12 percent interest on their 15-year loans, he said. Among the planned improvements are a new kitchen, dividers for the auditorium so it can be used for meetings, fire proofing the building and new boys and girls showers. In the past, the auditorium has been used as a gymnasium, and for a rock show, 4-H meetings, banquets and the Christmas in the Hills market.

Users would continue to pay to maintain the building if it is fixed up. Custer man faces hit and run charge in fatal traffic accident CUSTER Robert Molitor, 38, Custer, must face a charge of leaving the scene of a fatal accident as the result of the Aug. 18 traffic death of Ivan Kills Right, 7th Circuit Judge Merton Tice Jr. ruled Thursday. Molitor was arrested Jan.

11 and originally was charged with drunken driving as well as hit and run. Following a preliminary hearing Thursday, Tice ruled that the state failed to prove that Molitor was drunk but that there was probable cause to believe he may have been driving the truck involved in the accident. Molitor is free on $2,000 bond. He faces a maximum of one year in the county jail and a $1,000 fine if convicted of the hit and run charge, which is a high misdemeanor. State officials seek $50,000 to design new prison facility PIERRE (AP) Overcrowding at the South Dakota State Penitentiary has reached the point where the state has to build a new medium security prison, state officials said Thursday.

State Board of Charities and Corrections Board member Frank Brost asked the Legislature's Apropriations Committee to find $50,000 to help design the new facility, which would be built next to the existing prison in Sioux Falls. The proposed $2 million facility is needed to house up to 200 young inmates or first-time offenders who shouldn't be kept with more hardened prisoners, Brost told the lawmakers. The committee was scheduled to meet again Friday to discuss the request for the $50,000 in design money. Brost said the state had 217 men and five women inmates in the prison system in January 1974. As of Thursday, the prison system held 774 men and 47 women.

The prison in Sioux Falls held 550 men. Instead of using cash on hand in the state treasury, the state should look at issuing tax-free bonds or finding some other way to come up with the money to build the new facility, Brost said. WATERTOWN (AP) An unemployed Vietnam veteran charged in the shotgun slaying of a Watertown businessman has been ordered held without bond. Kenneth Paul Muetze, 31, is charged with first-degree murder in the shooting of Darwin Gerald Florey, 42, outside his Watertown home late Wednesday night. Muetze was formally charged during a 10-minute court appearance Thursday.

Circuit Judge Dale Bradshaw denied bond for Muetze, saying he was a potential risk to society. Muetze was returned to the Codington County detention center. Muetze told Bradshaw he was unemployed, a Vietnam veteran, a machinist and a bio-med student. Muetze said he was divorced three times and moved to South Dakota from La Crosse, Wis. He has lived in Water-town for about six weeks.

Muetze was arrested about 6 a.m. Thursday at a Watertown apartment complex, said Codington County State's Attorney Roger Ellyson. Muetze was arrested without incident after residents of the building were evacuated, Ellyson said. Watertown lawyer Allen J. Eide was appointed to represent Muetze.

Florey owned two sporting goods stores and a video arcade in Water-town. Thursday, Florey's stores were closed. An autopsy showed Florey died of a single gun shot wound to the head, Ellyson said. Charges indicate a shotgun was used in the killing. Ellyson said the autopsy was performed Thursday night by Sioux Falls pathologist' Brad Randall.

Ellyson said the shot was fired about 11:15 p.m. Police arrived 15 minutes later, and declared Florey dead at the scene, he said. Authorities wouldn't say why Muetze might have come to Florey's home, or whether Florey's wife and three children were home at the time of the killing. "We're still investigating," Ellyson said Thursday night. "We have our reasons for not releasing any more information." A college student who once worked Bills would put track revenues back into racing PIERRE (AP) Money now going to school districts from the state's dog racing tracks would be plowed back into the racing program under two bills introduced in the South Dakota House.

1983 is the 50th anniversary of horse racing in South Dakota, said Ron 01-inger, lobbyist for the South Dakota Horsemen's Association, but he said the sport can't survive without more money. Right now, he said, the Jefferson school district gets $292,000 a year from the Sodrac greyhound track, and the Rapid City schools get $70,000 from Black Hills Greyhound. Olinger said the bills would wipe out the tracks' contributions to the schools. Instead, Sodrac would keep an extra $100,000 a year and Black Hills Greyhound would keep $60,000. Another $190,000 a year would be split into two funds, one for track improvements and the other for prize money awarded to South Dakota-bred horses.

Olinger said the changes are needed because South Dakota tracks are having trouble competing with larger purses offered by tracks in nearby states. "Several other states have reduced the take-out by the state," he said, "and that has put pressure on our tracks." The Park Jefferson horse track in southeastern South Dakota closed this year, mostly because the competition was too stiff from tracks in nearby Nebraska, Olinger said. Park Jefferson was the main' place for South Dakota horsemen to race, he said, because it offered the best purses. Now, Olinger said, money is needed to expand the season at the Central States Fair in Rapid City and to make some track improvements. The horsemen are also proposing changes in the way the prize money is awarded to South Dakota-bred horses.

Olinger said the idea of the program is to encourage horse breeding in the state. But he said the money is now awarded only in certain races, and that sometimes leaves other races short of entries. The new proposal would establish a point system to distribute the South Dakota-bred money, he said. California storm Continued from page 1 year-old boy was still missing Thursday. Dick Hallen, Federal Aviation Ad-minstration duty officer in Los Angeles, said investigators will try to determine if weather played a part in the plane crash during a rainstorm Thursday night in Scottsdale, that killed six people and injured a seventh.

In Pasadena, officials said the storm was not expected to hurt the Rose Bowl field for Super Bowl XVII on Sunday. With the grass covered with a tarpaulin, the field itself is in "excellent shape," said Bill Wilson, Rose Bowl with Florey was taken into protective custody by police in Aberdeen at the request of Watertown authorities. The student was released after Muetze was found. Police said the student may have been in danger, but they wouldn't elaborate. Jerry Williams, who lives a block away from the Floreys, said he watched from his dining room window as a car drove up and parked across the street from the residence at about the time of the shooting.

Williams said he saw two people get out of the parked car and head toward the house. Williams said he heard something that sounded like a gunshot, and later saw the people get back into the car and leave. "I heard something, but I don't know what it was," Williams said. "I had no idea what was going on. Then police cars came." According to a bulletin issued to the Sioux Falls police, authorities late Wednesday night were looking for three suspects who were driving a red-and-white, two-door 1971 Ford Galaxie.

The bulletin said the three were on their way to either Minnesota or Iowa and had a sawed-off shotgun. Two of Florey's neighbors, Rod Edison and Fred Gottsleben, said they didn't hear a gunshot. Both men said police asked them if they had seen a car driving back and forth with its headlights out. Florey's death was a big-city crime and not something that could happen in a South Dakota town, Watertown businessmen said, "I just can't believe it," said Keith Miller, manager of aa camera store. "That is the sound of a big-city crime that you would hear about in Chicago, Los Angeles or New York.

But it's not a Watertown crime. It's shocking." Supreme Court rules city firm should have been allowed trial date Journal Capital Bureau PIERRE Rapid City engineering firm Howard-Osmera and Associates Inc. should have been allowed a trial to decide whether it can collect $21,000 for work done on the Rapid City Medical and Dental Building, the state Supreme Court ruled Friday. The company filed a claim for the money in December 1979 after Harold J. Westin Constructors Inc.

declared bankruptcy, but 7th Circuit Judge Marshall P. Young dismissed a lawsuit sparked by the claim. Young had ruled that, although Osmera had worked to repair humidifiers in the building, that work didn't count in determining whether the engineering firm had met the 120-day deadline set by law for the filing of such claims. The Supreme Court disagreed with Young, pointing to wording in the contract that indicated work on the building was not completed before Westin filed for bankruptcy. In a 3-2 decision, the court sent the case back to Young for trial.

Cause of fatal plane crash may remain unknown The Associated Press The cause of a plane crash which killed a Watertown man last October may never be known, says a federal investigator. Peter Geyerman, 33, died when the single-engine plane he was piloting crashed last Oct. 1 near Wolsey. He was alone in the plane. "It will probably be among the rare 10 percent of airplane crashes that remain undetermined," said Verlyn Tranter, an air safety investigator for the National Safety Transportation Board in Denver.

Tranter said an autopsy report shows no indication of a physiologic reason for the accident. A previous investigation of the wreckage and a toxicology report on the victim gave no clues as to the cause, he added. "I'm working on an analysis of the plane's flight track from radar," said Tranter, "but I don't know that that's going to tell me anything." Tranter said all he has determined so far is "a normal man who crashed." "Of all the cases I have, this is the only one on which I just don't have anything concrete." Sioux Falls lawyer disbarred after guilty plea in cocaine case PIERRE (AP) A Sioux Falls lawyer who pleaded guilty last week to conspiring to distribute cocaine was expelled from the practice of law Thursday by the state Supreme Court. Lawyer David J. Trygstad, 45, filed an affidavit with the court in which he said he desired the disbarment, according to court documents.

Chief Justice Jon Fosheim ordered that Trystad be barred from practicing as an attorney in all the courts of the state, and that his license be canceled and revoked. Fosheim further ordered that Trygstad's name be removed from the roll of licensed attorneys on file in the Supreme Court office. Trygstad and another man were arrested Jan. 9 after selling a quarter pound of cocaine for $10,000 to an undercover agent. In exchange for Trygstad's guilty plea, Assistant Attorney General Jon Erickson agreed to drop the original charge against Trygstad of distributing cocaine.

Instead, Trygstad pleaded guilty to two counts of conspiracy to distribute cocaine. Richard Cole, 37, pleaded guilty to two charges of distributing cocaine. Trygstad and Cole will be sentenced March 11. Citizens groups say Reagan is ignoring social programs, poor SIOUX FALLS (AP) The Reagan administration is ignoring social programs and the poor, representatives of various citizens groups said here Wednesday. The administration "doesn't have any sensitivity for the needs of the poor," said Sylvester Home of the National Association for the Advancement of Colored People.

The remarks came at what was called a state of the people news conference in response to Reagan's state of the union message Tuesday. Home said black Americans and poor people must organize politically to prepare for next year's presidential election. Blair Frank of the Nuclear Freeze Committee said the United States has armed nations throughout the world but, "We're much more reluctant to feed ourselves, much less the world." Others at the news conference represented the National Women's Political Caucus, South Dakota ACORN, Sioux Falls Disability Coalition, Women of All Red Nations, Dakota People's Alliance, and Citizens Organized for the Purpose of Equality. Butte County seeks state funds to fix gravel road Journal Capital Bureau PIERRE Butte County wants $25,000 in state money to help repair a road torn up by vehicles supplying gas fields in Harding County. Butte County Commission Chairman Cal Wahl of Belle Fourche told the South Dakota Legislature's Appropriations Committee Friday that a 4-mile stretch of gravel road has lasted only half as long as it should have.

So the county is asking the state for about half the total $47,000 cost to repair the road with a 3-inch layer of gravel. The committee delayed action on the request until later in the session when it will have a better overall picture of the state's finances. If approved, the money would be paid out of the state's energy impact assistance fund. Money in that fund comes from the state's 4.5 percent tax on oil and gas production. Half of the production tax goes to the county where the oil or gas is produced, one-third goes into the state general fund, and one-sixth, up to a $100,000 maximum, goes into the impact fund.

There is exploration in Butte County, Wahl said, but no production, so the county doesn't receive any money directly from the production tax. Rep. George Mortimer of Belle Fourche said, "That impact fund was set up for just this kind of thing. If this isn't a legitimate request I don't know what is." The road connects old U.S. Highway 85 four miles south of the Butte-Harding county line with state Highway 20 between Camp Crook and Buffalo.

It serves gas fields in the Short Pine Hills of southwestern Harding County. Wahl said Harding County last summer repaired the road on its side of the line. Two years ago, he said, Butte County got $112,000 from the state to help pay for repairs to a road in the same area that connects directly with Camp Crook. Deadwood death Continued from page 1 pground south of Lead on Highway 385 the night of Oct. 22, 1981.

The next day authorities fourrd Keller's body in the woods near Trout Haven. He died from a gunshot wound in the head and several stab wounds in the chest. Tell-inghuisen refused to say whether one of the two outstanding warrants is for Weigers. Whitesell is charged with conspiracy and premeditated murder. A preliminary hearing Friday in Dead-wood was postponed because Whitesell has a new attorney, Gary Colbath of Rapid City.

No new date has been set. Both Whitesell and Holmes are being held in Lawrence County jail on $100,000 bonds. Tellinghuisen is giving few details about the case. "The information I have that has led to these warrants may or may not be critical in apprehending the (other) two men," he said. "I don't want to take the chance that it is." He said there's been a "major breakthrough" in the investigation.

"We feel with what we had prior to issuing the warrants and the evidence that has come to light within the last three weeks, we have sufficent information to take (the men) to trial." Tellinghuisen is unsure when the other two men will be apprehended. "We hope in the near future but that purely is speculation on my part," he said. After Keller was killed, his business partner, Melvin Brown, was put in protective custody in the Lawrence County jail. The next night Brown hanged himself. Then State's Attorney Craig Grotenhouse said there was "sufficient evidence" to charge Brown with conspiracy and murder in Keller's death.

Grotenhouse said at the time that Brown hired two men to kill Keller. B-52 theRapidCityJoumal CANADA Grand Forte si B-52 Fire MMINN. NORTH DAKOTA Continued from page 1 quantity indicator gauge, and other people were giving it regular service and repair," said Col. Frank Cheshire, deputy maintenance commander at the base. On Dec.

15, a B-52 crashed at Mather Air Force Base in California, killing all nine crew members. Two weeks earlier, a B-52 was destroyed by fire just after landing at Castle Air Force Base near Merced, Calif. The crew escaped safely. "These three disasters may simply be freak coincidences, but we have an obligation to closely examine any possible connections," said Matsui. He called on the House Armed Services committee to open an inquiry.

Killed Thursday were Airman 1st Class Michael F. McDonald, 23, of Bloomington, Senior Airman Robert W. Gray, 23, of Sterling, Airman 1st Class Anthony M. Salva, 21, of Chicago; Senior Airman Scott A. Wicik, 24, of Tony, and Airman First Class Robin D.

Rise, 20, of Fremont, the only woman. All were maintenance workers who were aboard the B-52 when it blew up. The burned hulk was put off limits until a special team could search for explosives that might still be active in the bomber's seat ejection system, officials said. Cheshire said the plane had contained about 110,000 pounds of fuel, less than half its capacity. Firefighters reached the plane within 30 seconds of being notified by the tower, said George Van Kirk, base civilian fire chief.

The five bodies were found in the plane's upper fuselage, he said. The accident was the most serious ever at the base, which had planned to stage a disaster preparedness drill Thursday, Horton said. Friday, January 28. 1983 Number 32499 The Journal's Policy Report the news hilly and mparlially in the news columns. Express the opinions ol the Journal in but only In editorials on the erjitoriaiopinio" rages.

Publish all sides ot mportant controversial issues. James W. Swan. President and Publisher; James M. Kuehn.

Vice President and Editor; Jerry J. Shoener, Vice President. Circulation and Bldg Director. George Michalov Vice President and Controller; Jack Cannon Editorial Page Editor; James A. Carrier.

News Editor David Sharp, Advertising Director; Don Lindner, Sports Editor. Joyce A. Swan, Chairman Emeritus of the Board Member ot the Audit Bureau ot Circulations and ot the Associated Press The Associated Press is exclusively entitled to the use tor republication of all news dispatches credited to it or otherwise credited to this paper and also the local news published therein. All subscriptions payable in advance. Mail rates for South Dakota.

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Thanksgiving and Christmas by the Rapid City Journal Company. P.O. Box 450. 507 Mam Street. Rapid City.

S.D 57709 Telephone 342-0280 Official newspaper of the city, county and school board. Second Class Postage Paid at Rapid City. S.D. 57709. Rapid City Journal (USPS 455-5M) The base information office said the plane had a replacement cost of $38 million.

"We had a big effort to clear the airplanes from both sides," Cheshire said. "I'm really proud of how fast we got that done." The ramp holds eight planes, and three others were in the vicinity of the burning bomber, Horton added. An interim board at the base was planning an immediate investigation said, Col. John S. Fairfield, commander of the 319th Bombardment Wing to which the plane was assigned.

The 15th Air Force, of which the Grand Forks Air Base is a part, will conduct a formal, lengthier investigation, he said. Hospitalized and in stable condition Friday were supply specialist Levon Barney 23, of Chicago; Airman 1st Class Steven P. Stokke, 20, a firefighter from Menomonie, Wis. Technical Sgt. Phillip Johnson, 35, a firefighter from Glenburn, Staff Sgt.

Charles D. Tinkle, 27, an avionics specialist from Ridgefield, and Airman 1st Class John T. Beal, 20, a firefighter from Hendersonville, N.C. Three other victims were treated and released at a hospital. Surcharge Mr.

and Mrs. Norman Johnson Norman Johnsons to note 50th Mr. and Mrs. Norman Johnson of Rapid City will be honored for their 50th wedding anniversary at an open house from 2 to 4 p.m. Sunday, Jan.

30 at the Min-nelazahan Senior Citizen Center in Rapid City. They invite all family and friends and request no gifts. Continued from page 1 acknowledged it probably would cause him trouble. "Attempt to put it in perspective if you desire to report accurately and fairly what is going on in this administration, instead of doing baekflips and licking your chops and clapping your hands gleefully," Speakes admonished reporters..