Indiana Gazette from Indiana, Pennsylvania • 1

i 3ttftmra (gazette 52 Paaes 4 Sections Copyright 1991 Indiana Printing and Publishing Company, Indiana. Pa. Thirty-Five Cents Commissioners' race still in doubt Saturday, November 9, 1991 Vol. 88 No. 68 boxes opened following the official count, which is not expected to be completed until Thursday or Friday of next week.

The count will be suspended Saturday and in observance of the Veterans Day holiday on Monday. As part of the official count, and under a court order, ballot boxes for Indiana 21, Indiana 22, and South Mahoning Township were opened to reconcile three overseas ballots with the tally sheets. Those three ballots gave two votes to States and one each to Wass and to James McQuown and Tom Coyne, who took the first two seats on the three-member board. Voters were asked to vote for not more than two candidates on the ballot. The reconciliation showed the tally was consistent with the official ballots, according to the news release issued by Carmella.

However, Wass took the lead in what election officials refer to as the "2 percent count." At each election, ballots from two districts comprising 2 percent of the overall votes cast are counted by hand to verify that the machine count is correct. Judge Ruddock said he was asked to rule Friday on "several" ballots which had been challenged. On some of those ballots an oval had been blackened in and then erased, orone oval was blackened in and just a dot was placed in another oval, and he had to rule whether or not the dot was intended to be a vote. He said he discounted "several" votes in the commissioners' race in this way, but did not discount any entire ballots. Judge Ruddock said he did not know if those discounted commissioner votes would in any way change the figures from the electronic count.

Outcome of the race will determine which party holds the majority on the board of commissioners. Chief clerk Helen Hill said although it has been a rule of thumb in the past that the majority candidate receiving the most votes becomes chairman of the board, that rule is not set in black and white and it is up to the commissioners to determine who will be chairman. By VICKI RUDDOCK Gazette Staff Writer Final outcome of the holly contested race for the third seat on the Indiana County board of commissioners remains in doubt, although the latest tally shows Republican candidate Paul Wass with a one-vote lead over incumbent Bea States, a Democrat. On election night, the electronic ballot count showed 10,030 votes for each candidate. Because of interest surrounding the commissioners' race, the official count that began Friday morning focused first on votes for that post.

A check of three overseas ballots gave States two votes and Wass one, but the official count of ballots representing 2 percent of the total votes cast gave Wass five additional votes and States three. Five ballot boxes were opened Friday as part of the official count. A news release issued by county solicitor James Carmella shortly before 4: 30 p.m. Friday stated it is not anticipated that any other ballot boxes will be opened during the official count. Candidates may petition to have the ballot Ballot boxes were opened for Indiana 34 and South Mahoning Township in the presence of the candidates and their attorneys and were counted for the commissioners race only on Friday.

That recount showed Wass gaining five votes four in South Mahoning and one in Indiana 34. States gained three votes one in South Mahoning and two in Indiana 34 to drop one vote behind Wass in the overall total. The official count will now continue in its normal process, Carmella said. The board normally checks to be sure that the number of ballots cast and the number returned unused is consistent with the number of registered voters in each district and records all write-in votes. Serving on the official count board are Democrats Helen DeChurch, Donna Kime and Delia Jean Manning and Republicans Mary Lee Cunningham and Darrell Evans.

The board of elections, normally comprised of the three commissioners, this time was comprised of Carmella, Common Pleas Court Judge W. Parker Ruddock, and Commissioner George Sulkosky Jr. U.S. to join EC against Yugo war nounced progress toward a long-sought international trade agreement. The talks have been hamstrung by differences over European subdidies to agriculture, but the leaders expressed hopes for a final agreement by the end of the year.

The trade talks ran longer than planned, and European Community spokesman Nico Wegter said the negotiations were held "in a very constructive ambiance" and said the EC was "showing some flexibility." The sanctions announced on Friday by European Community leaders included the suspension of existing aid agreements, textile fin-" ports; and an end to certain trade preferences. The EC sanctions were imposed immediately, but analysts said they could take months to become effective. The EC nations have $20 billion worth of trade with Yugoslavia. "The European Community can also depend on the United States to cosponser a new U.N. Security Council resolution on Yugoslavia looking toward a possible oil emargo and to cooperate fully to strengthen the embargo on arms exports to the Eastern European nation," Bush said.

Bush said he didn't know whether the economic sanctions would succeed. "I'm not sure how effective sanctions by themselves will be," Bush said. "I don't think anybody can A. Clear tonight with tows 25 to 30. Partly sunny Sunday with a chance of rain.

Highs 45 to 50. or the local weather map and extended forecast, see page 8. Grant fraud A former Delaware County official has been charged with participating in a scheme that partially benefited U.S. Rep. Curt Weldon while defrauding the federal government of more than 3.

Wrong conviction A West Philadelphia man has been awarded $350,000 for spending 315 days in jail after being falsely accused of sexual assault by a volunteer for Women Organized Against Rape. Page 4. High-speed chase Lynne Dunn believes her mother's life was senselessly wiped out during a high-speed chase when police were trying to catch a man who had stolen three pairs of sneakers. Ms. Dunn joins lawmakers pushing for legislation to limit highspeed chases police undertake.

Page 4. No Bibles Death row inmate Karl S. Chambers deserves a new sentencing hearing because the prosecutor should not have quoted the Bible in closing arguments, the state Supreme Court has ruled. Page 5. Champ cowgirls Wanda Cagliari recalls riding and roping dairy cows with her twin sister on the family farm when her father wasn't looking.

Those childhood games and love for horses led her to the rodeo circuits a sport traditionally dominated by men. Page 3. Bodies found A Chicago couple and their eight children who had closed their house up tight, apparently to keep warm on a frigid fall night, died when deadly carbon monoxide gas escaped from a malfunctioning furnace. Page Merle Agnello dies Merle Aenello, 75, photogra pher and first sports editor for The Indiana Gazette, passed away yesterday in Florida. A native of veteran photographer retired in 1979 after 37 years with The Johnstown Tribune uemocrat.

a complete obituary appears on page lb. Obituaries on page 16 AGNELLO, Merle, 75, Alta-monte Springs, formerly of Johnstown and Indiana President George Bush waves to bystanders today as he meets the President of the European Commission Jacques Delors, right, in The Hague. (AP Laserphoto) news conference went further than remarks he had made earlier in a formal speech to the European Community in which he said the United States was ready to join in "holding accountable" the forces responsible far the strife. "History allows little time for celebration," said the president, whose term has coincided with the swift, startling disintegration of Benamati charged in auto death Communist regimes across Eastern Europe and in the Soviet Union. Bush said there was no place for "old animosities in the new Europe." "We must stand guard against nationalism of a more sinister sort; One that feeds on stale prejudices, teaches people intolerance, suspicion, and even racism and anti semitism," he said.

charges Benamati's blood-alcohol level at the lime of the collision was "between 0.102 percent and 0.112 percent," and that Benamati "drove at a speed of at least 74 mph" in the 35 mph zone where Domenick was struck. The accompanying probable cause document further identified the assisting toxicologist as Dr. Charles Winek, Ph.D, and the accident reconstruction specialist as Lance E. Robeson of Smith Robeson Forensic EngineersScientists of Lancaster. Police said Benamati has been released on a $10,000 bond.

predict with any accuracy that sanctions alone will solve the problems in Yugoslavia or Haiti or Iraq" two other nations where the United States has restricted trade ties to force a change. But Bush said sanctions were an effective way to "make our position clear to the various leaders inside Yugoslavia." The president's comments in the A blood-alcoho! level of .10 is considered legal intoxication. But Benamati's defense counsel, Indiana attorney John reminded the jurors that people in the area of the accident said other vehicles had braked to avoid the car in the street before Domenick arrived on the scene, and Armstrong questioned whether Benamati's car even made the skid marks. After one hour of deliberation, the three-man, three-woman coroner's jury recommended that no criminal charges be filed against Benamati. The district attorney, however, is not bound by such recommenda THE HAGUE, Netherlands AP) President Bush said today the United States would join the European Community in imposing economic sanctions on strife-torn-Yugoslavia and would work at the United Nations "toward a possible oil embargo." Bush said the U-S- sanctions would be "comparable" to the ones announced Friday by European lead ers, but that he was not certain the effort would succeed in subduing Yugoslavian political strife.

Asked whether he was envisioning an international peacekeeping force to be placed inside Yugoslavia said, "we're not talking about force, we're talking about economic sanctions." The president made his comments at a news conference at which he and European leaders also an- Intensified fighting in Dubrovnik ZAGREB, Yugoslavia (AP) Federal troops and Croatian forces clashed today near Dubrovnik's historic walled city, and the army issued an ultimatum for the defenders to surrender. Fighting also raged elsewhere in secessionist Croatia. In a bid to stem the violence, President Bush said today the United States would join the European Community in imposing economic sanctions against Yugoslavia, and would support a United Nations drive to impose an oil embargo. Bush, in The Hague, Netherlands, for talks with European leaders, said the U.S. sanctions would be "comparable" to the ones announced Friday by the European Community.

Despite heavy fighting across Croatia, the International Committee of the Red Cross began supervising an exchange of prisoners on the Bosnia-Croatia border, Zagreb radio reported. About 330 Croatian troops were being exchanged for about 450 federal army soldiers, the report said. Also today, ethnic Serbs in Bosnia-Hercegovina went to the polls to vote on secession from the central Yugoslav republic. Such a move could lead to ethnic violence among Serbs, Croats and Muslims living in the region. Croatia declared independence on June 25, and more than 1,700 people have died in fighting since.

Serb rebels and the Serbian-dominated federal army have captured about one-third of Croatian territory. Serbia's hard-line president, Slobodan Milosevic, and leaders of the 600,000 Croatian Serbs have demanded that Croatia cede certain territories because they say ethnic Serbs living there would be persecuted in a separate Croat republic. Galti Drug Open Sunday, 10-3. Holiday Help Program Sunday, Nov. 10 Sponsored By Bowser- Min-ich Funeral Home.

See Ad On Page 5. Christmas Order Deadline: 113091, Gail's Custom Cakes And Cookies, 726-8850. Coyne's Pub Open Sundays 11:30 to 7P.M. Jack Davis case unchanged tions. Handler on Friday declined to comment on what persuaded him and the Homer City police to file charges now.

He also declined to elaborate on reports that Benamati's blood-alcohol level had been recalculated by an independent toxi-cologist, and that an accident reconstruction specialist had also investigated the collision and determined Benamati was traveling faster than estimated by state police at the coroner's inquest. But the criminal complaint filed by police with District Justice Michael Steffee in Homer now Open House, Putt Real Estate, Sec today's Classifieds. Sub'n Suds- Fresh Dough Pcpperoni Rolls Everyday. Davis, a campus stairwell for five days. and that Davis stomach contents.

But the Davis about the convinced Investigation. A sustained a skull pathologist Dr. with a fall than According to Davis probe was far as Florida to Davis friends The report also Included a during the time continuous video pedestrian traffic By RANDY WELLS Gazette Staff Writer The Homer City Police Department, along with Indiana County district attorney Michael Handler, has filed criminal charges against a Homer City man in connection with a fatal 1990 auto-pedestrian crash in Homer City. Homer City police said Mark William Benamati, 22, of Homer City RD 4, has been charged with involuntary manslaughter, homicide by vehicle while driving under the influence, homicide by vehicle, driving under the influence of alcohol or a controlled substance, and failing lo drive at a safe speed. Police said Benamati complied with an arrest warrant Friday and turned himself in, accompanied by his attorney.

Benamati was the driver of a car which struck and killed David Allen Domenick, 39, of 75 West Elm Homer City, early on the Sunday morning of May 27, 1990. Domenick, a state constable, was standing in the 200 block of Main Street in Homer City investigating an abandoned vehicle when he was hit by Benamati's Chevrolet. At a coroner's inquest held in August 1990, a state police officer testified skid marks on the pavement indicated Benamati's auto was traveling at nearly 56 mph in the 35 mph zone when it struck the constable. Testimony at the inquest also indicated Benamati's blood-alcohol was tested at the Indiana Hospital after the collision and found to be .08. An autopsy report indicated Domenick's blood-alcohol level was .09.

Open House Plumcrick Valley Lon-griflcs, Sunday, November 10, For Information, 465-89S4. Bride Alert! Seepage 13. BusinessWeekly Stocks 9-11 Classifieds 16-19 Comics 27 Entertainment Z7 Family 12 Lottery Numbers 6 Regional 28 Religion 14 Sports 21-26 Today In History 8 Viewpoint 2 Weather 20-year-old sophomore, was found dead in a on Oct. 21, 1987, after being missing Streams ruled the death was accidental died of asphyxiation due to aspiration of family questioned the official statements death, and in October 1090 they then-district attorney Martin to reopen the second autopsy revealed Davis also fracture, which Allegheny County Cyril Wccht said was more consistent a blow. the detective's report, since the Jack renewed, investigators traveled as conduct interviews with at least 18 of and associates.

further notes the renewed Investigation review of local weather conditions Davis was missing, and a month-long survey of the stairwell to measure in the area. By RANDY WELLS Gazette Staff Writer The death of constable David Domenick was one of two major unresolved cases Michael Handler Inherited when he succeeded William Martin' as Indiana County district attorney. The other case was the renewed Investigation into the 1987 death of Indiana University of Pennsylvania student Jack Davis. When asked Friday about the status of that probe, Handler replied, "There seems to be no basis to reopen the Jack Davis case." The conclusion to a written report prepared by county detectives assigned to the task force created In October 1990 to reevaluate the Davis case states the Investigators found "no additional results" which would change the original findings of the student's death which was ruled accidental by Indiana County Coroner Thomas Streams. "Nothing was uncovered that would Indicate any foul play In the death of Jack Davis," be report stated.

"Advice is like snow; the softer it falls, the longer it dwells upon, and the deeper it sinks into, the mind." Samuel Taylor Coleridge (1772-1834), poet-critic-essayist. Luther Ford Auto Mart, Sunday, Noon, WJAC-TV. Open House, Putt Real Estate, Sec today's Classifieds. The Emporium, Open Sundays, Noon-4! Tripps Band, Saturday, 9:00, H.B. Culpeppers..