The South Bend Tribune from South Bend, Indiana on December 1, 2004 · B1
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The South Bend Tribune from South Bend, Indiana · B1

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South Bend, Indiana
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Wednesday, December 1, 2004
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B1
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City makes case to fire Elliott þ Four-year police officer claims in hearing he used reasonable force. By MATTHEW S. GALBRAITH Tribune Staff Writer SOUTH BEND — Police Chief Thomas Fautz believes suspended Cpl.Jess Elliott should be fired for slamming a handcuffed man to the ground in September. “This bordered on battery and could have had tragic circumstances for (the arrested man),” Fautz testified Tuesday at a lengthy disciplinary hearing before the city’s Board of Public Safety. Fautz has urged the public safety board to fire Elliott for using unnecessary force during the arrest. Elliott,a four-year veteran,spent about 90 minutes in the witness chair saying he used reasonable force because the man had attempted to turn his upper body toward him with unknown intentions. “ ’Cause the next move could be the last,”said Elliott,adding the man could have done anything from pulling away to assaulting him. After an eight-hour disciplinary hearing,the three-member public safety board was expected to announce a decision on the officer’s fate in an upcoming meeting. The board heard testimony from 10 witnesses. What’s clear from repeated looks at a police car videotape is that Elliott performed a takedown on Anthony Wright of South Bend while leading a handcuffed Wright to his patrol car. Elliott was placed on paid administrative leave shortly after the incident. See ELLIOTT/B3 A popular downtown Mishawaka diner closes its doors. By K. AARON VAN OOSTERHOUT Tribune Staff Writer MISHAWAKA — When 13-year-old Wayne Odiorne began working at a Main Street factory in 1934,little did he know that as an adult,he would start a restaurant next door. During its 35-year tenure downtown, Wayne’s Place carved its name into Mishawaka history as it served everyone from police officers to Ball Band and Uniroyal employees.Now,Vi Odiorne, Wayne’s ex-wife and former owner of the restaurant,has shut down Wayne’s Place and filed for Chapter 7 bankruptcy,according to court records. “It was time for me to step aside and close (Wayne’s Place),”Vi Odiorne said. “I’m relieved;I’m going to be 82 this year.” Vi Odiorne expressed no hard feelings about the closing but did say that the downtown environment has changed in recent years. “There’s so much competition downtown,”she said.“It was hard,seeing your business slowing way down.” The closure surprised many local residents,however,especially as Vi Odiorne had not earlier expressed any plans for retirement. “I don’t know why they closed,”said Ronnie Leda,a Wayne’s Place patron for the last 20 years.“I don’t think (business) slowed down any.” Doug Diltz,of Diltz & Sons Amusement Devices,had leased the building to the Odiornes since Wayne’s Place opened. He did not notice a dramatic decrease in business until roughly three months ago, when Vi Odiorne dropped the 24-hour service and instead opened the restaurant only from 5 a.m.to 2 p.m. “As soon as they cut the hours,business left,”he said.“I think in order for it to be successful,it needs to be a 24-hour restaurant.” Bob Barrett,another patron,said that he had not noticed any reduced business. Nonetheless,he does not believe that the closing is completely negative. “I was kinda sad to see it go because it was open for (so long),”he said,“but change is good,too.” In Barrett’s case,change is very good. He is now working as a cook at Marcie’s Country Kitchen,the restaurant that replaced Wayne’s Place only five weeks after Vi Odiorne closed on Oct.2. With the new 24-hour restaurant comes an entirely new staff.None of Vi’s original employees remain. Sue Thompson,former Wayne’s Place waitress of 23 years,said she was looking for a job outside the restaurant business. “Something with benefits,”she said. Despite this new employment opportunity,however,she expressed sadness at the closing. See WAYNE’S/B2 She shared her joy of learning and of life W hen she thought they needed reminding, Lynn Butler would give her second-graders one of those looks and then say,“How many good nerves does Mrs.Butler have?” Her Madison Primary Center class would answer in unison: “Ooone.” “And you don’t want to get on that one last good nerve, do you?” “Noooo.” And that was that. Lynn Butler may have been the most upbeat and cheerful person her students would ever meet,but she did have her limits. “Lynn’s joy of life rubbed off on her students,but she could mean business,too, and they all knew that,”Madison Principal Jim Bankowski says. “Her class didn’t want to see her with her hands on her hips and her foot tapping on the floor.” “Oh,but she could also make you laugh like nobody else,”says fellow second-grade teacher Peg Perrine. They laughed at some of the stories at her funeral last week, too,in between the many tears. Lynn Butler,51,the mother of two and the mentor of hundreds and hundreds of children,died of an aneurysm Nov.20 while in her 20th year at South Bend’s Madison School. She left school on Friday,Nov. 19,and never returned to tell her morning joke to Bankowski ...or to toss out another nickname at one of her teaching cohorts ...or to reach down and help a little child through his or her day. “For all of her second-graders and all of the third- and fourth- graders whom Lynn had taught earlier,we called their parents that Sunday,”Bankowski says. See MOOR/B2 EDITORS:VIRGINIA BLACK, (574) 235-6321, VBLACK@SBTINFO.COM; CORY HAVENS, (574) 235-6325, CHAVENS@SBTINFO.COM I N T HURSDAY ’ S T RIBUNE Another family struggles to keep the heat on. I NDEX Voice of the People... B4 Michiana Point of View ... B5 METRO I NSIDE Billie S. Elliott, the “prayer ministry lady,” died Monday night. She was 79. B2 CYANMAGENTAYELLOWBLACK EDITION 50R Section B Wednesday Dec. 1, 2004 South Bend Tribune ATA,airport reach deal for Indy flights Deal could suffer or vanish if airline bankruptcy plan goes sour. By JOHN DOBBERSTEIN Tribune Staff Writer SOUTH BEND — Flights from South Bend and Evansville to Indianapolis could begin next month under an agreement announced Tuesday by ATA Airlines. But the plan’s survival depends on a favorable ruling for ATA in U.S.Bankruptcy Court in Indianapolis,where the airline sought protection from creditors this year. Indianapolis-based ATA wants to sell its 14 gates at Chicago’s Midway Airport and shift the airline’s hub operations to Indianapolis International Airport. The city of Chicago,which operates Midway Airport,is threatening to sue over control of ATA’s lucrative gates at Midway,possibly prolonging ATA’s court battle. If ATA were dissolved into another airline,there’s no guarantee the deal between South Bend, Evansville and ATA would survive,said John Schalliol,executive director at South Bend Regional Airport. But he prefers to stay optimistic. South Bend Regional lost intrastate service to Indianapolis in 1997 when U.S.Airways dismantled its hub there.Evansville Regional Airport lost its flights to the state capital a day after the Sept.11 terrorist attacks. The agreement between South Bend Regional and ATA must still be formally approved by the St.Joseph County Airport Au- thority.The service is being subsidized by a $1 million state grant. “This is the answer to everything that we ever hoped for,” Schalliol told reporters.“We’re sorry ATA has to go through this bankruptcy process,but they do come out of it a better airline.” In addition to the intrastate flights,ATA also announced plans Tuesday for new,nonstop service between Dayton,Milwaukee and Indianapolis,and additional nonstop flights from Indianapolis to Orlando,Fla.,and Las Vegas. Beginning Jan.11,ATA plans to offer four daily flights from South Bend Regional to Indianapolis at $49 a ticket,an introductory price that will increase to $59 a short time later.Another flight from South Bend would be added in February. Using 34-seat Saab turboprop aircraft,South Bend Regional officials are projecting to seat 32 passengers on each flight to Indi- anapolis.ATA plans to replace the turboprops next spring with 70-seat regional jets,Schalliol said. See AIRPORT/B2 Osceola Mishawaka South Bend Roseland 23 2 31 80 933 933 933 23 31 20 Michigan Street Main Street 20 20 90 Indiana 933 relinquishment St. Joseph River 20 Tribune Graphic/JOHN STUMP The Indiana Department of Transportation has notified Roseland, South Bend, Mishawaka and Osceola of plans to turn over Indiana 933 to local municipalities, forcing them to pay for upkeep. The municipalities oppose the idea. Wayne’s gives up its place Schalliol Tribune Photo/BARBARA ALLISON With the help of Transportation Security Administration screener Robert Hayward, passenger Linda Baker of Osprey, Fla., checks in Tuesday afternoon at the ATA Airlines gate at South Bend Regional Airport. ATA announced it’s planning new flights between South Bend and Indianapolis. State can’t force 933 relinquishment Area towns asked to submit wish list for improvements. By LAURA STEELE Tribune Staff Writer Representatives from five municipalities affected by the proposed Indiana 933 relinquishment prepared to hear the worst from Indiana Department of Transportation officials Tuesday. Some came armed with manifestos and entire town councils to argue they could not take respon- sibility for the road. But the individual meetings in which most officials expected to be told they had no choice,turned out to be informational sessions that emphasized the state could not force the localities to take over the state road. “What do you see as your vision for 933 in 10 to 15 years?”InDOT route transfer specialist Jamie Gallagher asked representatives from the city of Mishawaka,the town of Osceola,St.Joseph County and the city of South Bend in each of their separate hourlong meetings.Don Abraham,InDOT district devel- opment engineer,and Jamile Smith,an InDOT program development engineer,also attended the meeting. The unexpected question left officials silent each time it was asked.Gallagher said he did not expect an immediate response.In- stead,he asked each entity to submit a wish list of repairs or improvements by February.Those improvements,made with state money,would keep the road in good repair for at least a decade if the road was relinquished,Gallagher said. Gallagher said he made the same request to the town of Roseland,which could take on .71 miles of Indiana 933.A Tribune reporter was asked to leave that meeting,which the Roseland Town Council labeled an executive session. Sandra Seanor,executive director of Michiana Area Council of Governments,said she set up the meetings with each of the entities and InDOT as a “workshop”that, while not meant to invite public input,was not strictly closed to the public. See 933/B2 Bill Moor Commentary Butler Tribune Photos/K. AARON VAN OOSTERHOUT Muralist Sharon Stewart paints a wall scene for Marcie’s Country Kitchen, which is now in operation where Wayne’s Place used to be. This sign in the window of Wayne’s Place thanks customers for 40 years of patronage. The business actually was open for 35 years, according to Wayne Odiorne, the former owner. L ocal Elliott

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