The Los Angeles Times from Los Angeles, California • 52

CooAngelee Slimes 8 Pari II Wednesday, March 17, 1982 Fatal Shooting of Escapee Held Justifiable Convict Thought to Be Reaching for Weapon When Fired Upon Phoenix Police Seize LAPD's No. 1 Suspect From Times Wire Services Marchialette was in custody on suspicion of parole violation and receiving stolen property when he squirmed his way out of the West Los Angles Division jail through a celling vent on March 3. Police said that he ripped the screen off a one-foot vent in the overhead of his cell, crawled through a passageway to where he could remove a ceiling panel, dropped to the floor and fled out the police station's back door. Detective Clara Harris of the West Los Angeles Division said the suspect is likely to be tried first in Phoenix before he can be returned to Los Angeles. Warren Marchialette, 29, twice convicted of murder, was captured Monday night after he had eluded for an hour officers surrounding a drugstore, Phoenix police spokesman Jim Toth said on Tuesday.

"He apparently set off a silent alarm and when officers arrived he eluded them by climbing into a false ceiling," Toth said. "He finally made his way to the roof and jumped off almost into the lap of an officer, who made the arrest." Toth said he did not have a list of articles allegedly stolen in the suspected break-ins but that in the case of the drugstore, at least, Marchialette "was after drugs." PHOENIX The man who held position No. 1 on the Los Angeles Police Department's wanted list was arrested here during the 11th in a one-night string of alleged HIDE-A -BED SOFAS Sf: the car during a high-speed chase with police moments before the shooting occurred at 17th Street and Cabrillo Avenue, McClain said. A spokesman for the Orange County coroner's office said an autopsy showed that Toyer died of a gunshot wound to the heart. The coroner's spokesman would not say how many other gunshot wounds Troyer suffered, but McClain said at least nine shots were fired by the five officers.

D.A. to Get Findings McClain said the Santa Ana Police Department's Shooting Review Board will also look into the shooting. The findings from both investigations will be turned over to the Orange County district attorney's office. "We don't expect that any officers will be suspended," he said. Police said Troyer had been in Orange County area since shortly after his escape Jan.

30 from the minimum-security prison where he was serving a sentence for burglary. The escaped prisoner had also been identified as a suspect in several recent assaults on women in Orange County, including the attack on the Huntington Beach woman. Police had been tipped that Troyer would be in the Santa Ana area Sunday to meet a woman. According to McClain, a woman identified as Pamela Cuen, 24, was near the car at the time of the shooting, but she was not in the line of fire and she was not hurt. BY SIMMONS FROM By BEVERLY J.

MOORE. Times Staff Writer A preliminary Santa Ana police investigation has determined that five officers acted justifiably when they fatally shot an escaped convict wiio was trying to avoid capture. Kenneth Eugene Troyer. 36, who had escaped in January from the California Men's Colony at San Luis Obispo, was shot to death by police in Santa Ana Sunday when he reached back into a stolen car he was driving after getting out with his hands up, Santa Ana Police Sgt. John McClain said Tuesday.

Troyer, who had been sought by police since last Wednesday, had allegedly pulled a gun on a Westminster police officer and later raped a Huntington Beach woman, then fled in her car. He was not armed at the time of the shooting and no gun was found in the car, McClain said. Names Withheld But McClain, whose office conducted the preliminary probe, said the pursuing officers one from Santa Ana and four from Anaheim opened fire because they believed Troyer was reaching for a weapon when he moved back toward his car. McClain would not release the names of the officers. McClain said Troyer had been described as "armed and dangerous" and had reportedly vowed that he would not be captured alive.

"The officers were under the impression that the only reason he would be doing that (reaching into the car) was to get a weapon," McClain said. "We think they acted justifiably." The sergeant added that the officers' vision may have been impaired by the car's exhaust. Troyer had crashed Wh tiat brings ether a seller 1 th a car in togeth a with with Beautyrett Long Beach and LARGEST SELECTION OF SIMMONS a buyer from Oxnard HIDE-A-BED SOFAS IN ORANGE COUNTY COSTA MESA 3161 Harbor Blvd. block soulh ol I he San (Jfqo rwy I SOUTIHlfcST Sleep Gcqteri MISSION VIEJO 28682 Marguerite Pkwy. I Oil San Uieqn wy Avery Pkwy ST'OHE HOURS Mon thru Sal 10 -b Sun 495-3311 When you need action now, KJHS M'" arid Mi 1C 10 6 Sat 10 -d Sun 545-7168 Survey of Illegal Immigrants Asked By JEAN MERL, Times Staff Writer Saying he wants to build a case for help from Washington, Los Angeles County Supervisor Deane Dana on Tuesday called for comprehensive surveys on the costs of providing public services to people who move into the country illegally.

"At the same time when we are struggling to find sufficient resources to adequately finance basic county services to our residents, we find ourselves in the position of spending millions of dollars on services to undocumented aliens," said Dana, a member of the board's conservative majority, in calling for a study by the county's chief administrative officer. In addition, Dana proposed county-sponsored surveys of the effects of illegal immigrants on school districts and cities within the county. The rest of the board agreed to the surveys, although liberal Supervisors Ed Edelman and Kenneth Hahn had some reservations. Edelman persuaded Dana to amend his country survey proposal to include the contributions that illegal immigrants make through such means as the sales and other taxes they pay and the low -paying jobs they perform. 'Get the Full Report' "I want to be sure we get the full report," said Edelman, who in past discussions on the issue has cited a nationwide study showing that undocumented aliens contribute far more to the system than they take back in government services.

A 1978 report commissioned by Orange County supervisors turned up similar findings. And Hahn expressed doubts that the Reagan Administration would do any better than previous ones in helping local governments shoulder the financial burden of health care and other services for illegal residents. In addition, Hahn wanted assurance that such surveys would not amount to "harassment" of schoolchildren. "I don't think we want to imply in any way that the children of the undocumented are not welcome (in the schools)," Hahn said. Dana admitted that he did not know how the schools would conduct the surveys but suggested asking various superintendents how they woud handle the situation.

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10, 1977. But she wanted more and sued for reinstatement as a sergeant and for full back pay, contending that her dismissal was discriminatory and improper. As news of her case spread, potential employers became aware and wary, she said. Jobs have been hard to come by and, she says, she has been denied a right to work in her chosen field, the military. The only person to serve in the armed forces as both a man and a woman, she now works as a free-lance typist in her parents' home.

Finally, after years of litigation, she and her American Civil Liberties Union attorney, Jack Cate, gave up on trying to erase the Army regulation that caused her dismissal. Failed to Win Pension "We went ahead with the settlement after coming to the conclusion that we weren't going to prevail," she said. On Monday, Clark was notified by mail that her lawsuit had been settled out of court and filed with the U.S. Court of Claims in Washington, D.C. Under terms of the agreement, she said, she cannot disclose the settlement amount.

But sources said it is estimated at $25,000. What the settlement will not include, however, is a full services pension. With her 17 years in the Navy and Naval Reserve and the 19 months in the Army Reserve, she was Just shy of her 20-year retirement mark. With what money she does receive, Clark plans to make a donation to the ACLU to cover part of her legal expenses. She has become an activist in favor of persons who have undergone sex changes and find themselves discriminated against.

And she has a lasting hope that someone else will be able to dismantle the offending Army regulation, ending, she says, the "anxiety and duress suffered by others like me in similar situations.".