The Gettysburg Times from Gettysburg, Pennsylvania • Page 1

Walker gets life for spying See page 3 Her cooking wins more than praise See page 6 Parents, Flyers, fans bid final farewell fee page 15 THE Founded 1902. VOL. 83, NO. 268 Gettysburg Times GETTYSBURG, PA. WEDNESDAY, NOVEMBER 13, 1985 Copyright Times News Publishing Co.

1985 30c One pleads not guilty, another gets life in murder cases Donald Painter asks for jury trial By ROBERT HOLT Times Staff Writer GETTYSBURG A Cashtown man charged in connection with the shooting death of a Gettysburg woman pleaded not guilty and requested a jury trial before President Judge Oscar F. Spicer in Adams County Court today. Donald R. Painter, P. 0.

Box 88, Cashtown, formerly of Gettysburg, heard charges of first-degree murder, third-degree murder, two counts of involuntary manslaughter, attempted criminal homicide, involuntary manslaughter, aggravated assault and simple assault leveled by Adams County District Attorney Gary E. Hartman. Hartman said the arraignment does not involve a capital case, and the death penalty is not involved. The bearded Painter stood with his attorney, Harold N. Fitzkee Jr.

of York. Fitzke said the defense will try to prove the shooting was accidental. "I think the defense was pointed out in the preliminary hearing. All the evidence points to an accident. And after the hearing, I think that will be the result," Fitzkee said.

The charges are the result of the Gettysburg Borough Police investigation into the Aug. 31 shooting of Louise Harman, 31. at her 133 Baltimore St. apartment. Police said Harman was wounded in the neck and upper chest by bullets from a 30-30 Winchester rifle.

The gun is commonly used by deer hunters. Harman died later that day at the York Hospital as a result of the gunshot wounds to the neck, according to York County Coroner Kathryri The 33-year-old Painter remains at the Adams County Prison in lieu of bail increased to $70,000 after being arrested a second time by police early in October on additional charges of first-degree murder and third-degree murder. Borough police arrested Painter the night of the incident for attempted homicide, involuntary manslaughter, aggravated assault and simple assault. He posted security for his $20,000 bond the next day. Fitzkee said he will file motions to have bail reduced.

Papers filed by police at the courthouse reported that at the time of the shooting, "the defendant was acting under sudden and intense passion resulting from serious provocation by the victim. The serious provocation was caused by an argument both verbal and physical which immediately preceded the shooting." Testimony by police and other witnesses at the preliminary arraignment before District Justice Thomas R. Carr on Oct. 7 alleged that Painter and Harman were arguing in the Baltimore Street apartment they shared before the night of the shooting. Greg McCleaf, a man who said that he is familiar with Painter, said he was outside the apartment back door at the time of the 1:13 a.m.

incident. He said he heard the man and woman arguing loudly and then heard the gun go off. McCleaf said Painter let him into the apartment, where he saw the rifle against the wall and Harman lying on the floor. Police also testified Painter allowed them into the building. According to Hartman, the charges were brought against Painter after he gave three different accounts of the in- cident to police and his attorney.

Painter allegedly told police and his attorney three inconsistent versions of the incident, claiming each time it was an accident. In his first account, the suspect sup- posedly said the gun discharged when Harman tried to take the gun away from him. Later, he allegedly reported the victim brushed against the gun and caused the discharge. The third version, that Painter reportedly told Fitzkee, is the gun fired after it fell off a counter and struck the floor. Wenger gets life in stabbing death of Chambersburg woman in '84 By ROBERT HOLT Times Staff Writer GETTYSBURG A tearful Robert E.

Wenger Jr. apologized and pleaded for mercy, but President Judge Oscar ARRIVE AT COURTHOUSE Donald R. Painter (left) and Robert E. Wenger Jr. are escorted into the Adams County Courthouse this morning for appearances in court.

Painter pleaded not guilty and asked for a jury trial in answer to charges in the shooting of Debra Louise Harman. Wenger was sentenced to life imprisonment for the stabbing death of Marian Viola Fogal. (Times photo by Jerry Price) Spicer could give only one sentence: "imprisonment for the term of your natural life." Spicer told Wenger at the Adams County Courthouse this morning that he had "no decision" in ordering him to serve the sentence for the first-degree murder conviction in the state penal system for the Oct 15.1984. stabbing death of Marian Viola Fogal, 48, formerly of 1803 Holly Lane, Chambersburg. After Harrisburg attorney William Fulton said he nothing to add to what the court heard about the defendant's good character, the 25-year-old Wenger read a statement in an anxious and tearful tone.

"Everyone has wanted to hear from me since the beginning of this trial. It's hard to talk about something I can't remember. I didn't want or plan to hurt anyone." Wenger said. "I am so sorry for everything. I hope people will know I hurt too.

I have nightmares every night." he said, noting he has bad feelings knowing that he murdered another person Noting that some people may view him as an uncaring "maniac," Wenger said: "I can never wear a sincere smile. Now it's just me and I hurt for everyone of you." While claiming contrition. Wenger did speak against Spicer's verdict of first-degree murder on May 9, and his later denial of an appeal Sept. 26. "My feeling is the first-degree murder verdict is of justice," Wenger said.

"I haveTaith in God and' the system." The former life insurance agent told Spicer he misses his wife and daughter Wenger noted he missed his daughter's first words, first steps and first birthday. He said that his daughter loves him, and that "she cries for me." In concluding his address to the court, Wenger said "I am so very sorry I would give my life to change it, but I can't. I only ask the court to just try to see me for the man I am." After the sentencing, Fulton told Spicer of his intention to withdraw from the case. Fulton said it was a mutual agreement between Wenger, the family and himself. Spicer wanted to know if papers had been filed with the public defender's office.

Fulton said they had, but the public defender could not accept the case because of a conflict of interest. Fulton said attempts are being made to locate an attorney to assist the convicted man in filing an appeal to the state Supreme Court. However, Spicer would not allow Fulton to withdraw, and ordered him to petition for appeal during the next 30 days. Your're still on the case. Your duty bounds you to effect an appeal until I issue an order that you can withdraw," Spicer said.

Spicer looked at Wenger, asked him his birthdate, and said, "That's all, Mr. Wenger." Wenger replied with courtesy, "Thank you. your honor." Outside the court room. Fulton refused to say why he had decided to withdraw. "That's a private matter between my client and myself," he Fulton said he feels it is unnecessary to file for a motion of modification of the judgement, since the judge had no actual decision in the sentence.

Fulton said he has been ordered by Spicer to "file a direct appeal." Budget shows no tax hike for Gettysburg; pets must get shots By MIKE SANDERS Times Staff Writer GETTYSBURG Borough Council put its tentative stamp of approval Tuesday on a spending plan for next year that will not increase taxes. The proposed budget calls for expenditures of $1.180,142. Of that amount, $128,722 would be earmarked for general government, $456,260 for protection of persons and property, $800 for health, $314,000 for highway, $57.100 for recreation and $223,260 for miscellaneous expeditures. Tax rates would be maintained at their present levels: a 25-mil real estate tax, a 25-mil occupation tax and a $5 per capita tax. Those three levies will bring in an estimated $444.000 next year.

The borough will also raise revenue by levying the following taxes (list includes anticipated income in 1986): real estate transfer, earned income. $180,000: admission, $40,000: and mechanical devices, $6,000. Council is slated to adopt a budget for 1986 at its Dec. 9 meeting. Final approval was given by Council on Tuesday to an ordinance that will require all dogs and cats, four months of age and older, in the borough to be innoculated against rabies.

Proof of innoculation will be a certificate from a licensed veterinarian or a durable innoculation tag. Violators of the ordinance, which becomes Cumberland OKs budget; taxes hold CUMBERLAND TWP. Tentative approval was given to a $444.235 budget for 1986 here Tuesday. Supervisor Eloise Wilson said the budget will be formally adopted on Dec. 10.

following a proposed revenue-sharing fund use hearing. Taxes were lowered in the township at the end of last year, and will remain at two mils through Dec. 1986. Board chairman H. Wayne Cluck said he would like to hear input from township residents as to how they feel about the solid waste situation in Adams County.

Cluck said the supervisors presently have nothing to do with the collection of garbage in the township. "If we pass an ordinance going one way or the other." said Cluck, "then the people will complain to us when their collection fees go up. They'll say we forced them into this" Supervisor William Bowling suggested inviting a representative from the Keystone landfill to a township meeting. The township recently sat through the Adams County Planning Commission's solid waste presentation. "I'd like to here Keystone's side of it," he said.

In other business, the supervisors approved a 1.488-acre subdivision off Ok) Route 15 and Marsh Creek Road submitted by Elise M. Clark. effective Jan. 1, will be subject to a $25 fine or a three-day prison term. Council was also able to come up with an apparent solution Tuesday to a problem that may have threatened the continued progress on renovating and converting the Fahnestock Building into a 27-unit apartment complex for low- and middle-income elderly persons.

The problem involved access to and from a proposed six-vehicle parking area to serve tenants of the historic building, located at the corner of Baltimore and West Middle streets. The developer of the project. Russell Arkin, told Council that it was his understanding that Council had granted him permission to have access to the parking area off of Baltimore Street, with vehicles existing the parking area on to West Middle. Council's reply was that Arkin was mistaken. Still, the two sides were able to reach an understanding: Council will allow Arkin the access he is seeking if he first obtains approval from the state Department of Transportation.

In other action Tuesday. Council: Increased the annual salary of the mayor by to $2.500 beginning in 1986. Agreed to purchase an intoxilyzer from Federal Signal Pittsburgh, for $4.200 provided that the purchase-of-service agreement meets all specifications of a grant the borough received to cover 75 percent of the purchase price Decided to place "pedestrian crossing" signs i but no crosswalk I to make crossing East Lincoln Avenue near the intersection with North Stratton Street safer Gave its permission to plans to relocate privately-owned street lights along the curb on Baltimore Street. Appointed Borough Manager Charles Sterner. Councilman John C.

B. Madsen. and borough police Sgt. Roosevelt Sistrunk to administer the Eichelberger-Stahle charity fund this vear. Board recommends against ice cream parlor Granted, on the recommendation of the borough Historic Architectural Review Board, a permit to Adams County National Bank to raze two buildings at the rear of 22 Chambersburg a sign permit for the Gettystown Inn, 77 Steinwehr a sign permit to Gary Yount for the building at 9 -11 Chambersburg and a building permit to Mr.

and Mrs. David Martin for improvements to the building at 166 York Ol. Granted a request to stage the semiannual outdoor antique shows sponsored by the Gettysburg Area Retail Merchants Assocation on May 10 and Sept. 20 next year. Agreed to maintain benches that may be placed around Lincoln Square by Downtown Gettysburg Inc.

By MIKE SANDERS Times Staff Writer GETTYSBURG In a move to preserve "what's left of the historic fabric of Gettysburg," the borough Historic Architectural Review Board (HARB) voted Tuesday to recommend that Borough Council not grant a certificate of appropriateness and the necessary permits that would allow two residences inthe of Chambersburg Street to be relocated or demolished in order to make room for an ice cream parlor. Chairman Walt Lane called the special meeting to reconsider the project Tuesday because a vote by HARB last month to recommend that Council grant White Mountain Creamery, a subsidiary of Handy Markets the necessary permits for the project was determined to be invalid. The Oct 23 vote was 34 in favor of the project, but that count falls short of meeting the requirement contained in the borough's historic districts ordinance that action taken by HARB requires the affirmative vote of a majority of the seven-member board. Association, said at Tuesday's meeting. "The one is an uncommon example of that particular style of Gothic architecture.

And the brick building was orgmally owned by a Confederate symathizer, C. W. Hoffman and was sold at a sheriffs sale in 1862. Inside A just removin theTM is repulsive. Frassanito went on Arcnitectureis an asset to Ihe town and 1 think it would be a mistake to give up buikfangs that are assets.

I would like to see HARB take positive action toward preserving what's left of the historic fabric of Gettysburg." Frassanito was not alone in his appeal that HARB prevent the two resi- I or even rooved aose to 25 concerned citizens and lhemex ressed Write Creamery did submit revised plans for the proposed CTeamparior at the special meeting. The revised plans have the building a ice the two residences now stand. White Mountain Creamery has proposed erecting a two-story by 51-foot structure Oat would serve oe cream parlor. One of the two residences, er, Frassanito. predates the Battle uysourg.

ber of UK board of of the Gettysburg 14-vemde parking area). Bat when it came time for the vote, four members of HARB voted to recommend that Council not grant a certificate of appropriateness and the necessaiypermits for the project. The only other two voting members present abstained from the vote. will act on HARB recommendation at its Dec. 9 meeting.

Agriculture 19 Bridge Column Business 14 Classifieds 21. 22, 23 Comics 24 Crossword 21 Forum 25 Lottery 2 Newsmakers Obituaries 2 Sports 16.17. 18 Star Tracking 24 TV Listing 4 These Times 5 7 Weather "3 What's Happening .............2 Elizabeth Bream in serious condition after accident Hickory Smoked Meats. Fresh and Smoked Turkey. Wisconsin and Ofw Cheese.

Paul i Sensenig Opening Store At Route 116 and Station Road. Thursday. 10-6, Friday, 8-S. Saturday. 8-2 Next To H.Bl.

(Adv.) By T.W. BURGER Times StafT Writer ASPERS Elizabeth H. Bream, whose husband. George M. Bream.

64. died in a traffic accident Monday afternoon on Route 34. ws listed in se- nous condition at York Hospital this morning. She was taken mere by a state police helicopter Brian Carey. 24.

was also killed when the car in which he was traveling collided head- on with Bream's pickup truck. The Bream home is on Centre Mills Road in Aspers Unofficial sources said Mrs. Bream has been taken out of the intensive care unit of the hospital, suffering from a broken hip and facial lacerations, but York Hospital authorities would not confirm the report George and Elizabeth Bream were both long-time employees of the Knousc Foods plant in Peach Glen Quick thinking on the parl of Hellen Starner. a bus driver for the Lincoln Intermediate Unit No 12. averted what could have compounded the tragedy of Monday's accident Star ncr, whose bus was traveling immediately behind the Bream truck.

quickly swerved the bus down a hank and into a grassy field The bus was transporting special needs children home from school All aboard the bus wore wearing seat belts The Lord muM.i taken control of the wheel. Stamfi vaid shortly after the accident Funeral sen ires for (roorgc Bream will he held at 2 at the Pittenturf Funeral Home in York Spnncs Details on funeral arrangements for Brian are not yet axailable Ratsm Cookies Turkey Cookies. And Gingerbread Men. Snowflake Bakery. 217 Stemwehr Avenue, Gettysburg.

334-2416 (AOv I The Areas Newest Night Spot CASHTOWN INN, Featuring RUBI- CORN Top 40, Fnday Saturday (Adv).