The South Bend Tribune from South Bend, Indiana • 15

'r wvv-yy San Diego judge returning Wittes Johnson Road, Trail Creek, where the Wittes were living. After the crime, Hilma Marie and John allegedly, dismembered the dead womans body. John was charged with murder and Hilma Marie with being an Accessory to murder, while Eric was charged along with a family friend, Douglas Menkel 22, with assisting a criminal for allegedly assisting in disposing of the body parts. When Hilma Marie gets back here, we plan to charge her with murder and attempted murder in conjunction with the death of Elaine, and we will also charge Eric with conspiracy to commit murder, again in the death of Elaine, Herrbach said today. Porter County Prosecutor Dan Burning said today that in addition to Hilma Marie and Eric, he plans to charge Hilma Maries mother Margaret ODonnell with attempt ed murder in conjunction with Paid Wittes death.

ed to be filed against the pair in the 1981 death of Paul Witte, father of Eric and John and husband of Hilma Marie. The Witte family was living in Beverly Shores at the time of the slaying Sept 1 198L Beverly Shores police, who said the case has never been closed, said Paul Witte was asleep on a sofa in the living room that night when Eric, then 16, reportedly had a gun and wanted to ask his father a question about ft. He told police that as he walked over to the sofa, he stumbled and the gun discharged, killing his father. Porter County authorities began a review of Pauls death last Nov. 8, when it was announced that John Witte, 15, had been charged with the murder of his grandmother, Elaine.

Allegedly upon the urging of Hilma Marie, John killed Elaine by firing an arrow powered by a crossbow into her body as she slept in her bedroom in her home at 320 mother, llilma Marie, were ordered extradited to Indiana during a hearing Tuesday in California. AP ORDERED EXTRADITED Eric August Witte, center, is restrained by San Diego County marshals during a recent court appearance. He and his Fast food restaurants a success on Toll Road Steele replacement 3 clear Bovyen panel for U.S. attorney job By THOMAS PUSKE Tribune Corespondent MICHIGAN CITY New charges relating to the 1981 shooting death of Paul Witte of Beverly Shores and the 1984 crossbow shooting death of his mother Elaine Witte, are expected to be filed upon the return of llilma Marie Witte, 38, and her son, Eric, 19, from San Diego, Calif. A federal judge in San Diego ordered llilma Marie and Eric, both of Trail Creek, to be returned immediately from San Diego to Michigan City to face chaises In the January 1984 death of Elaine Witte, 74.

Judge Wayne L. Peterson ordered the immediate extradition of the mother and son. Both had been held without bond In San Diego for prosecution in the slaying They were convicted of charges in San Diego relating to the cashing of the slain womans Social Security checks Another of Hilma Maries Wittes sons, John, 16, has been charged with the Elaine Witte murder. In addition, Douglas Menkel 22, a friend of Erics, is charged with being an accessory to murder. However, today it was announced that new charges would be filed against Hilma Marie and Eric when they arrive back in Indiana.

I William Herrbach, deputy La-Porte County prosecutor, said today John Witte is expected to appear in LaPorte Superior Court I Friday to plead guilty to voluntary manslaughter in his grandmothers death. As part of a plea agreement, he then reportedly will testify against his mother and brother. Herrbach said charges against Hilma Marie will be amended to murder and conspiracy to commit murder, while Eric will be charged with conspiracy to commit murder. Hilma Marie and Eric were convicted in federal court in San Diego' on a charge of cashing the dead womans Social Security checks. U.S.

District Judge William B. Enright sentenced Hilma Marie to 10 years in federal prison and Eric to four years. Hilma Marie also was fined $10,000 and ordered to make restitution of $1,335 in connection with checks she allegedly cashed while living in Chula Vista. Herrbach said today that LaPorte County officials will fly to California next week to get Hilma Marie and Eric and return them to Michigan City. In addition, charges are expect- neer for the Toll Road, reported some progress was made in the past month on the $8.5 million, computerized toll collection system.

The project is more than a year style sit-down dining at both sides of the road at Milepost 90 north of Elkhart while a combination of Po-peyes Famous Fried Chicken and Dunkin Donuts restaurants will be operated at Milepost 126 north of behind schedule. Late penalties By PAUL DODSON Tribune Business Writer The new fast food restaurants along the Indiana Toll Road are a hit 'with travelers. Robert Hardley, director of management services, reported at the Toll Road Division meeting Tuesday at Granger that revenue rose by 25 to 87 percent at individual restaurants in April, compared to revenue for the same month last year. The first fast food restaurants opened in March. Although four of the 10 restaurants along the Toll Road remain closed for renovations and one just opened Monday, overall restaurant revenue is up 4.9 percent The Toll Road last fall granted 10-year contracts to fast food restaurant chains to replace the cafeteria-style food operations of Gla-dieux Food Services Inc.

of Toledo. Hardees operates restaurants on either side of the highway at Milepost 22 east of Gary and at Milepost 14 near Angola. Arbys Roast Beef operates restaurants at Milepost 50 west of South Bend. Following renovations, Charlies General Store will offer family- contlnue to mount at the rate of $5,000 per day and are nearing the $2 million for the contractor. The first toll collection plaza, at Milepost 83 near Mishawaka, was approved for service after computer software was debugged." This is the first of 20 coUection plazas to pass initial tests.

Neidigh, who works for a private enginering firm, also said progress was made on plazas 21 and 24 and at the central office near Granger. The computerized system is now 83.8 percent complete and could go into full service by September. The project was supposed to have been completed in February 1984 but was hindered by computer software problems. Sierra Inform mation Systems Corp. of Buffalo, N.Y, Is prime contractor on the collection system which was subcontracted to Automatic Toll Systems of Mount Vernon, N.Y.

Ilowe. The Milepost 90 restaurants are scheduled to open May 30 while the Milepost 12 restaurants will open June 4. Gladieux remains In business along the Toll Road as operators of the Popeyes Chicken and Dunkin Donuts restaurants. You know, 10 years ago cafeterias were popular, so thats what we had. Now fast food is the craze, said Hardley last fall, explaining why the Toll Road was changing its restaurant concept Hardley also reported Tuesday that April gasoline revenues rose 21 percent while diesel fuel revenues rose 73 percent compared to the same month a year ago.

He said more drivers are buying their fuel along the Toll Road because Amoco Oil Co, operator of the Toll Road service stations, has been able to offer prices more competitive with stations off the Toll Road. Dennis M. Neidigh, project engi- with standard FBI checks included, and recommend one choice to President Reagan. The president then will nominate a choice, presumably the one recommended by the Justice Department, and that choice will be subject to confirmation by the U.S. Senate.

While refraining from direct criticism of Steele, Lugar and Quayle made clear that they would not recommend Steele for another term beyond the four-year term expiring Aug. 2. In asking the Bowen commission to come up with another choice, the senators said they wanted a U.S. attorney who would launch the full-fledged war on crime and corruption that is needed in the Northern District After being informed of the three finalists selected by the Bowen commission, the senators issued a statement saying they had full confidence that each of the three candidates recommended by the Bowen Merit Selection Commission will provide the vigorous law enforcement and aggressive leadership required of the U.S. attorney.

A source close to the senators said there was not one specific matter that resulted in the decision not to recommend Steele for another term. Rather, the source said, there were a number of complaints about lack of vigorous prosecution. One such matter was failure of Steele to pursue a case against Sara Roberts Sharp, wife of Judge Sharp, chief judge in the Northern Indiana District. A charge against Mrs. Sharp was prepared, however, by a special prosecutor in the Justice Department public integrity section.

Mrs. Sharp pleaded guilty to a felony charge involving leaking confidential information to a federal parolee and was sentenced to prison. By JACK COLWELL Tribune Political Writer Three candidates to be the new U.S. attorney for Northern Indiana will be recommended to the Justice Department in Washington by the Merit Commission on Federal Judicial Appointments headed by former Gov. Otis R.

Bowen. They are: Christopher A. Nuechterlein, a former Elkhart County attorney who now is a trial attorney with the Land and Natural Resources Division of the Justice Department in Washington, D.C. He is a former law clerk for U.S. District Judge Allen Sharp and a former Elkhart County prosecutor.

He also was in private law practice in Elkhart and Goshen. David C. Ford, Hartford City, who is the Blackford County prosecutor. James G. Richmond, Hammond, a former FBI agent who is in private law practice now in Lake County.

He is a former assistant U.S. attorney. The three emerged as finalists Tuesday after the Bowen commission interviewed nine of the 24 applicants for the U.S. attorney post. The field earlier had been trimmed to the nine who were interviewed.

The new U.S. attorney win replace R. Lawrence Steele, who was not recommended for an additional term by the two U.S. senators from Indiana, Sens. Richard and Dan Quayle.

They were dissatisfied with Steeles performance. The two Republican senators, in the system of federal judicial appointments, control patronage in the recommending of candidates for U.S. judge and attorney posts in the state. They have turned to the Bowen commission for screening of applicants and recommendations, Now, the Justice Department will evaluate the three candidates. Purdue grants degree after her death unt.i I .11 t.

1 she was allowed to finish the internship she needed through nearby Duquesne University, Pittsburgh. But she wanted to return to Purdue. I cant believe the school would devote so much time to us, her father said. Thats a big university that cares about the individual. Thats, why she wanted to come back.

Provost Felix Haas said Tuesday he could recaU only three such awards in his 11 years at that job. Only top-notch students nearing graduation Patricia Papinchak had a 5.28 grade-point average on a 6-point scale receive consideration, he said. Concern about foreign students. her father said, caused her to help start an exchange program at her high schooL She encouraged other students and families to take in students, he said. A close friend, Gail Newton of Columbus, said that during telephone calls to her hospital room, she still asked about people and campus.

She put people before her, Newton said. Despite her problems, most of the conversation was about my life. She was incredibly brave. Popovich said, She was truly a good person, a personable person. I know that sounds like America and apple pie, but thats the way she was.

learning of the degree. grateful That was one of thethiiigs that made her feel so bad not having the degree. X-rays taken after a car accident in December 1983 showed a gray area that doctors diagnosed as cancer. She withdrew from school in January 1984 after spending 4 years in the five-year program. Nicholas Popovich, professor of pharmacy and her counselor, said her close family ties became evident during the illness.

She and they thought she would conquer it, he said of the familys lone child. She was a trooper. That was a good feeling. In an exception to Purdue policy, tWEST LAFAYETTE, Ind. (AP) know that makes her happy, Papinchak said of the degree Purdue University is awarding posthumously to his daughter.

Patricia Lynn Papinchak had looked forward to returning to Purdue. Despite bouts with cancer, she expected to bounce back as she had against other obstacles. But her death April 6, and her record, convinced Purdue trustees Friday to confer a posthumous pharmacy degree for the Sewick-ley, Pa, student. Thats one of the reasons Im crying, her father said Tuesday in a telephone interview with the Lafayette Journal-Courier after Bones found buried at reformatory I If School buys stun gun in wake of assault of ing discovered the human bones Tuesday. The bones included a skull.

State police and reformatory officials closed off the area and called Deputy Coroner Barry Noffze. Officials said Noffze confirmed that the remains were human. PENDLETON, Ind. (AP) Anthropologists from Indiana University were due at Pendleton today to examine bones found at the state reformatory. Prison officials said workers digging trenches to lay water pipes for a new build mond, a sponsor legislation regulating stun gun possession and use, said he was saddened by the schools purchase of the gun.

Michael Gradison, president of the Indiana Civil Liberties Union, said the purchase sets a bad example for students, who look to school authorities as examples of lawful behavior. Most schools, when confronted with a hostile parent, would call police, Gradison said. It smacks a little of school authorities taking the law into their own hands. parent who confronted a teacher at the school. Fetty said school personnel have not been trained to use the stun gun, but added that administrators have consulted police on its operations.

Hunley said he had no objections to the school having a stun gun. I see no harm in it, but I see no need for it either, Hunley said. I doubt theyll ever use it, and, knowing the school theyll only use it as loot rpenrt State Sen. Frank Mrvan, D-Ham- students, teachers, parents or anyone else in which a life was in danger, Fetty told The Times of Hammond. However, in the eight years Ive been here, I cant say Ive ever seen a situation like that He said the gun is kept in a school safe.

Fetty said a specific incident spurred the school board to approve the purchase, but he refused to discuss the details of the incident saying it is in litigation. Cedar Lake Police Chief James Hunley said the incident involved a HAMMOND (AP) An assault at Hanover Central High School has prompted administrators to purchase a stun gun for use in life-threatening situations. 'A stun gun emits an electronic charge that can briefly incapacitate the target Joseph Fetty, principal of the school in Cedar Lake in northwest Indiana, said Tuesday the school board decided to purchase the gun after the assault two months ago. We have the gun on hand in case any situation should arise involving Gutman suspended from law practice The Indiana Supreme Court issued an order Tuesday suspending the Fort Wayne Republicans license pending resolution of the disciplinary action filed in May 1982. Gutman has been at the federal prison farm in Terre Haute.

INDIANAPOLIS (AP) Senate President Pro Tem E. Gutman, serving a term for extortion and conspiracy, has been suspended from practice of law until his case is decided. Former Philip three-year the disciplinary Two-county police effort to target drunk driving n4 IhoAA MnWiwifJiA omoo in fVia nifir rOPDlVa tfUt ftAA ftflt Ml QOA fOCnOPt at three in the receive $36,060 and $31,900, respectively. The grants will be used to employ a part-time prosecutor and part-time judge. Elkhart County recently opened a new superior court and did not request judicial money.

Weve put so many people into the system that things are backed up, said LL Larry Blume of the South Bend Police DepartmenL With the new money the judicial process should speed up. Under South Bends Alcohol Safety Action Program, drunk driving arrests nearly doubled within one year. In 1982 before the program, drunk driving arrests totaled 442. In 1983 arrests rose to 862 and slipped to 816 in 1981 We want to speed up the lag time from arrest to conviction, Smith said. With long lag times, often charges are reduced through plea bargaining.

high-traffic areas city, Bristol Street west from Cassopolis Street Cassopolis Street north to the Toll Road and South Benham Avenue, in the downtown area. Were going to have a slightly different twist to our enforcement, said Jere Bigler, operations commander for Goshen Police DepartmenL Well be looking for the under-aged drinking driver as well as the drunk driver. Goshen police will be using 12 portable breath testers. Officers will give breath tests on site when there is suspicion of drunk driving. The recently purchased breath testers cost $4,500 and were provided through grant funds and local contributions.

One unique aspect of the program is that it includes judicial process. The SL Joseph County prosecutors office and the St. Joseph Superior Court will used as a prototype for future programs around the state. Smaller programs are being launched in Ailed and Marian counties. When asked why a two-county effort was set up, Smith said, We like to touch as many people as we can.

The communication between the two counties was so good that we thought a bi-county approach was feasible. Under the granl Elkhart County will start its first alcohol safety patrols. Patrols in SL Joseph County were established more than two years ago. Elkhart County, Elkhart city and Goshen police departments will receive $18,000, $19,968 and respectively, to establish the patrols. Were going to add about 32 man hours per week, said Roland Tuttle, crime prevention officer for the Elkhart City Police Department Were looking The first-of-its-kind program is designed to beef up law enforcement and speed up the judicial process, said Barbara Noser, coordinator for the Local Task Force to Reduce Drunk Driving.

Our main purpose is to reduce loss of life and injury by enacting tougher penalties and swifter prosecution. We chose SL Joseph and Elkhart counties for three reasons, said Michael Smith, executive director of Governors Task Force to Reduce Drunk Driving. We have a field representive right in the target area, which is important for coordination. We have some existing grants going in South Bend, Mishawaka and SL Joseph County police agencies, he said. These are three key players.

Also SL Joseph Countys fatality rates are among the five highest in the state. Smith said the pilot project will be By CARLOS MEDLEY Tribune Staff Writer ELKHART As Memorial Day launches the summer driving season, law enforcement agencies in Elkhart and SL Joseph counties are joining forces to launch a two-county assault on drunk driving. The Comprehensive Alcohol Coun- termeasures Program, a one-year pilot pro eel will enable seven police depart- ments to put more than 200 man hours into increased patrols over the holiday weekend. The program was made possible by a Highway Safety Project Grant totalling $111598. The grant was awarded through the Indiana Department of Highways Division of Traffic Safety.

An announcement of the grant will be made Thursday during a press confer- ence at Elkhart city police headquarters. Si i.