The Billings Gazette from Billings, Montana • 9

The Billings Gazette Saturday. November 1 9. 1 988 7-A roblems plcague Boulder center Guilty verdict in kidnapping HELENA (AP) Shawn Clawson, 24, of Helena, was found guilty late Friday of kidnapping, sexually assaulting and attempting to murder the wife of a Carroll College professor last summer. He faces a maximum sentence of 340 years in prison. The prosecution said it would ask that Clawson be designated unsuitable for parole.

District Judge Henry Loble set sentencing for Dec. 6. The jury deliberated 2 hours after Loble denied a last-minute defense mistrial motion. Clawson was accused of stabbing the woman 15 times June 11 after kidnapping and raping her and then leaving her in the foothills northeast of Helena. The specific charges accused Clawson of attempted deliberate homicide, sexual intercourse without consent, aggravated kidnapping and aggravated assault At the close of arguments Friday, defense lawyer Ed Sheehy moved for a mistrial, alleging Deputy Lewis and Clark County Attorney Carolyn Clemens had improperly raised the issue of Clawson's potential punishment before the jury.

HELENA (AP) It is only a matter of time before the Montana Developmental Center at Boulder loses its federal funding and the 1989 Leg-' islature should prepare for that calamity, the Legislative Finance Comnmittee was told Friday. "The bottom line is it's a bloody inferior facility in an undesirable location," said Rep. Ron Miller, who chaired the joint subcommittee that reviewed the center's budget in the last session. The Great Falls Republican, who did not seek re-election this year, said loss of federal Medicaid funds would cost the institution $14.5 million in the next biennium, or more than half its budget The center, which serves about 190 mentally retarded patients, has repeatedly failed to meet federal standards for retaining Medicaid funding, Miller said. In addition, the center costs half a million dollars a year to heat, has trouble attracting skilled personnel to live in Boulder and has been without a full-time superintendent since Richard Heard began an extended leave in March.

Carroll South, Institutions Department director, told the committee that the center failed first-of-the-year federal inspections for Medicaid certification in each of the last three years. A surprise inspection two months ago produced the same result Following the last report, state officials realized "we could no longer make small changes here and small changes there, but we had to change the very way we do business," South said. The greatest shortcoming was the center's failure to provide "active treatment" for the patients, which is a concept requiring continual training or recreational programs throughout a patient's day, he explained. That is a shift from the staffs previous role as caretaker for the severely retarded patients. The facility has adopted a new treatment plan and another inspection is expected next month, South said.

Rep. Francis Bardanouve, D-Harlem, questioned whether the patients really benefit from active treatment programs. South said the practice has merit in helping control many of the beha-vorial problems exhibited by many patients. Bardanouve suggested the demanding requirements imposed by the federal government may be aimed at driving states out of the Medicaid program. South complained that the Boulder center's biggest dilemma is uncertainty about its mission.

Although deinstitutionalization of patients statewide began in 1975 and was intended to leave Boulder only with severely retarded patients, a growing proportion of the center's population are more functional patients, he said. Community group homes are able pick and choose the patients they serve, but Boulder must take any patients sent by the courts. SPECIALS OAK ICE BOX FURNITURE Coffee tables, end tables, TV stands, hampers Starting at $119oo 0 ivl 10 OFF TABLES UP Thanksgiving Don't miss our extensive inventory of: Quality Furniture Wicker, Candles Gourmet Food Cooking Items Christmas Ornaments Placemats, Lamps, Pottery Gifts Galore! 1 1 Tables 36" to 120" Extended Antique Reproduction, Traditional Country, Contemporary HOLIDAY HOURS STARTING NOV. 28TH M-F 10-8 SAT. 10-6 SUN.

1-5 driving. Stands tried to get away from the officer when she imformed him he was under arrest an affidavit said. Taggart tried to stop him by grabbing his arm, but Stands broke away from her. When Taggart reached inside the vehicle to attempt to stop Stands from starting it the defendant struck her hands and slammed the door on her leg, causing a severe, painful bruise, records said. Stands began driving away, still hanging onto Taggart, the document said.

She had to plead with his passenger to get Stands to stop the car so she wouldn't be killed. Taggart was left scratched, bruised and bleeding, the document said. In pleading guilty, Stands said he got scared when Taggart told him he was under arrest and he struggled to get away. Since Stands had no record, the county attorney's office recommended a deferred sentence. That means the assault conviction will be erased from Stands' record if he successfully complete's his year of probation.

Holmstrom imposed special conditions on Stands, who admitted that he has an alcohol problem and has gone through treatment The judge ordered him to submit to urinalysis testing and to follow his counselor's recommendations for aftercare treatment for his alcohol problems. 3 injured: A two-vehicle accident at the Lockwood Interchange of Interstate 90 Friday evening sent three Billings teenagers to local hospitals, one with serious injuries. Genae Swift 17, who was a passenger in a Chevrolet Vega, was listed in serious condition at Deconess Medical Center later Friday night. The driver of the Vega, Tricia McFate, 17, and another passenger, Joseph Moncada, 17, were in satisfactory condition at St. Vincent Hospital McFate was driving west over the Lockwood overpass, attempting to turn left onto the 1-90 entrance ramp, and turned in front of a pickup driven by Robert Evenson, 45, of Billings, Montana Highway Patrol Officer Rob Briney said.

Evenson's pickup struck the car on the passenger side, Briney said. Evenson, who was wearing a seatbelt was not injured. Lockwood Fire Department and the Billings Fire Department were called to help extricate Swift and Moncada from the car, Briney said. McFate was wearing a seatbelt, but the two passengers were not Briney said. Body found: A body was found in the back seat of a car that broke down on Interstate 90 and the vehicle's two other occupants were jailed on cocaine-related charges, Granite County authorities said Friday.

The cause of death was not known and the body of the deceased, a white male whose name authorities did not release, was taken to the state crime laboratory in Missoula for an autopsy, said Granite County Attorney J. Allen Bradshaw. James Griggs, 23, of Spokane, was charged with possession of a dangerous drug with intent to selL Michael Griggs, 22, also of Spokane, was charged with possession of drug paraphernalia, according to Bradley, who said authorities confiscated a quantity of cocaine when the men were arrested. Disappearance featured: The disappearance of a Roman Catholic priest from the Poison area four years ago will be featured on the NBC television show "Unsolved Mysteries" this week, the network has confirmed. John Kerrigan was last seen July 20, 1984, as he was preparing to take over a parish in Ronan.

His pickup truck was found abandoned in western Montana and Kerrigan has not been seen since. Lake County Sheriff Joe Geldrich said he was told Monday by the show's producers that the Kerrigan segment would air Wednesday night Drug sentence: A Butte man sentenced last week of federal drug charges received a five-year prison term Thursday on a state charge of selling cocaine. District Judge Arnold Olsen said the sentence for Shane D. Hoskins, 22, will run concurrently with Hoskins' federal term. Last week, Hoskins received a 13-year sentence in federal court at Helena for distributing, conspiracy to distribute and possession of cocaine.

The charges stemmed from his involvement in the sale of a half-pound of cocaine in Missoula last ApriL On the Butte charge, Hoskins pleaded guilty to selling a quarter-gram of cocaine to an undercover agent last April at a Butte bai Medal Winner: pulled five teen-agers from a burning car last year, will be awarded the Montana Medal of Valor on Monday, the second such award to be given. Joe Berry, 36, risked his own life to save the youths who were trapped in the vehicle after it struck a driveway approach near Victor, rolled onto its top and caught fire. The accident occurred on Oct 25, 1987. The passenger side of the car's roof and the rear window were smashed flat giving the teen-agers no escape route. When Berry and his wife, Ruby, arrived at the scene, they heard screams coming from the car and broke out the windshield to free the five childrea Berry dragged two boys and two girls through the opening, and then crawled inside the burning wreck to free a third girl pinned behind the seat Seconds after she was pulled from the car, it was engulfed in flames.

Berry was nominated for the honor by Rep. Bernie Swift, R-Hamilton, and the late Robert Morgan, a former U.S. Forest Service supervisor from Missoula. Berry was selected by a special Medal and Valor Committee. The first award was presented pothumously last year to Henry Shryock, a Poison pilot who exchanged himself for a 12-year-old boy who had been kidnapped by a gunman trying the elude police.

Shryock was killed by the gunman. Assault sentence: A one-year sentence was deferred Friday for a 21-year-old Billings man who admitted assaulting a Montana Highway Patrol officer last July. District Judge Robert Holmstrom followed the recommendation of the Yellowstone County attorney's office in sentencing Jonathan Mark Stands. Stands pleaded guilty to felony assault stemming from the July 6 attack on Officer Sharron Taggart, who had attempted to arrest him for drunken 1 OAK DESKS For Executives or Students Starting at Oak Tree $208 FREE DELIVER IN BILLINGS AREA I 3k Jk 41 DIM No change in vote canvass By CLAIR JOHNSON Of the Gazette Staff Yellowstone County's unofficial election results for the Nov. 8 general election are now the final results, according to Election Administrator Peggy Zielie, whose office completed its canvass this week.

No vote totals changed from the unofficial final results, she said. The office is still counting write-in votes, but unofficial results in the Yellowstone Conservation District race show incumbent Lee Lane, with 526 votes, and incumbent Robert Hari, 633 votes, to be the winners in the election to fill two positions. Both incumbents had to wage a write-in campaign because the election office did not get the candidates' names in time for them to be printed on the regular Zielie said Yellowstone County commissioner and Conrad Burns, who upset incumbent U.S. Sen. John Melcher, came in third by gathering 97 votes.

Other top write-in candidates were Harry Anderson, 42 votes, and Clint McFarlane, 37 votes. Zielie said there were 1,500 write-in candidates. The remaining candidates received one or two votes, she said, adding that her office is still working on that race. In unofficial results for the Lockwood Urban Transit District incumbent Darlene Kembel received 17 votes and candidate Jack Sannon received 10 votes, making them the apparent winners. The race was for two candidates.

Zielie said write-in winners will be notified of the results and will be given a chance to accept or decline the positions. 10-12 Lb. TURKEY Gravy Dressings Aia carte iJ Trimmings Available Complete Turkey Dinner with vegetable, cranuerneb, yams, aressmy, gravy SOfxft and dinner rolls. Serves 8-10 people eiWmWl Power rate struggle likely Shrimp Trays, 40 Shrimp sauce 5fl fl.SS Vegetable Trays 2.3 up Meat Cheese Trays a5 up call early for orders He said that NPRC and the Consumer Counsel will strive for Montana Power to charge consumers a rate that reflects the lowest cost for the Colstrip 4 electricity. If the utility doesn't care to sell the power in-state at that rate, it may sell the power to out-of-state customers.

The Butte-based utility has claimed that the state will someday need the 74 megawatts of Colstrip 4 electricity. If a commitment isn't made now on that power, future electric rates could be even higher. Montana Power wants to arrive at a solution because it continues to lose money on its 210-megawatt share of Colstrip 4 power, said Schneider. The utility has contracts to sell about 136 megawatts to out-of-state utilities but a present overabundance of power has kept the rates below Montana Power's production costs. Schneider noted that Montana Power's situation with Colstrip 4 shows that NPRC was correct in its argument that the power plant was unnecessary.

"That ghost (Colstrip 4) is still there and it continues to haunt all of us," he said. "But, it's not all bleak. It going to be behind us." Schneider said written arguments in the case will be filed next Friday. By PAUL J. HOLLEY Of the Gazette Staff The Northern Plains Resource Council is ready for another power rate fight.

"I'm excited about slugging it out in the case," said Tom Schneider, a consultant who is representing the lobbying organization. Schneider, a former state Public Service Commission member, told NPRC members Friday that negotiations with Montana Power failed earlier this month. The next step is the rate case hearing before the PSC. At issue is Montana Power's request for an 11.8 percent electric power rate increase. The requested rate would include a proposed 22-year contract to purchase 74 megawatts of power from the Colstrip 4 power plant in eastern Montana.

The rate increase opponents, including the NPRC, argue that the Colstrip 4 power is unneeded in Montana and the state's utility customers should not have to pay for it. NPRC waged a long battle against the development of Colstrip units 3 and 4. Schneider declined to discuss NPRC's suggested settlement in the present rate dispute, but he said the matter should have been resolved during talks with the utility. EueE'greeii 1540 13th St. W.

245-5138.