The Daily Sentinel from Grand Junction, Colorado on February 18, 1976 · 25
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The Daily Sentinel from Grand Junction, Colorado · 25

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Grand Junction, Colorado
Issue Date:
Wednesday, February 18, 1976
Page:
25
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Wednesday, February 16. 197$ The Dully Sentinel -Page 25 Ex-police chief must testify at former policeman's trial Grand Junction's former police chief, Ben Meyers, will have to testify at the marijuana possession trial of Richard Deavens and Bobby Wilson on March 4, Mesa County Judge Harold Moss ruled Tuesday afternoon. Meyers was in court to give testimony in connection with a suppression of evidence hearing, scheduled on March 2. His testimony was taken in advance because he told Judge Moss last week he would be on an out-of-town job assignment and unavailable in March. - Deavens, a former policeman, and Wilson, a Department of Employment worker, were arrested last October on the possession charge, Involving less than one ounce of marijuana given to a Colorado Bureau of Investigation undercover agent. New Job On the witness stand, Meyers said he Testimony begins in fire damage suit A parade of witnesses began testifying this morning in the lengthy and complex damage and negligence suit brought by severalmsurance companies and three businesses against the Public Service Co. of Colorado. The action is based on a fire on April 9, 1974, in which Mesa Feed, H & M Electric Motor Co. and The Daily Sentinel suffered extensive damages. The original action cited $2.8 million in damages, but lawyers for the plaintiffs have said they will seek less than that. Opening statement In his opening statement, James 0. White of Los Angeles, a co-counsel for The Sentinel Publishing Co., Kelley Bros. (H & M) and three of the insurance companies, said the plaintiffs intend to prove that Public Service Co. was negligent and failed in its duties to the customers and the neighborhood. White detailed events which led up to the fire originating in the Mesa Feed. He said plaintiffs intend to show that electricity had gotten into metal siding and a riser, where it didnt belong, instead of remaining in the electric lines where it belonged. White said the plaintiffs intend to prove that the fire began inside the mill Magazine will spotlight Colorado jA 13-page special section in the Feb.' 23 issue of Business Week will spotlight Colorado business development and .include an editorial portion by James Michener, famed novelist. The special section in the nations leading management and industrial weekly magazine was generated by the Colorado Division of Commerce and Development. Michener was to be in Denver Tuesday for a ceremony at the State Capitol, where an executive from Business Week was to present the author and Gov. Richard Lamm with special copies of the section. Good life The author writes in detail about Colorados assets, calling attention to the features which constitute the good life and which make Colorado a desirable place to live and work. Michener describes Grand Junction in the article as the largest city between Denver and Salt Lake City and serves as the cultural and business center for the vast region of Colorado lying west of the Continental Divide." It is the smaller towns, nestled in the Rockies, that captivate the most visitors. As President Ford has known for many years, Vail is a winter paradise. No, its not as It appears as Gregg Cimmings, right, inspects work of David Russo, left, at a construction site on High Street in downtown Boston. AP wirephoto expects to be in Rochester, Minn., as a police consultant for Public Administration Services for five weeks, beginning in the next few days. Meyers told Defense Lawyer Harold Flowers of Denver, who had subpoenaed him as a witness, that he was unemployed - between jobs, and that his address is 2837 Mesa. He also testified that he had decided to resign as police chief to seek better employment and that he had three job offers at the time he resigned. One was with the Chicago firm, one was in a management position with a Grand Junction business, and one was a police chief interview, he testified. He declined to name where the interview was, and Judge Moss ruled that he did not have to do so. Leave Meyers said Tuesday he believed he as a direct result of either short circuit arcing or the current meeting a point of high resistance like you get in a toaster. This caused a smouldering fire, he said. That fire later leaped Seventh Street to the press room of The Daily. Sentinel and also caused severe damage to H & M Electric Motor Co. to the south of the mill. Damages cited Hugh Wise, representing Mesa Feed and three insurance companies, cited about $411,000 in damages which he said his client suffered. He also noted that Public Service has filed a counterclaim against Mesa Feed, alleging the company was partially the cause of the fire. Richard Bryans, representing Public Service Co., said the defense will show that arcing electricity on the side of the building did not cause the fire. He told the jury of four men and four women that something - maybe static electricity - was the cause. Clay Hanlon, co-counsel for Mesa Feed, claimed that Public Service Co. is attempting to shift the blame and make the feed company pick up the entire tab. Numerous witnesses are expected to be called in the trial, which is scheduled to last at least three weeks. Aspen is exceptional in ail seasons, and Steamboat Springs, somewhat to the north, may be the best of the lot, because of its authentic frontier quality, Michener writes. Growth areas The intent of the special edition is to attract the attention of businesses everywhere to the areas of Colorado which lend themselves most readily to expansion and growth. Most of these are away from the heavily populated Front Range, a spokesman for Colorado Division of Commerce and Industry pointed out. Business Week subscribers are cater-gorized to receive articles of special interest only to them. The Colorado section, appearing in the industrial edition, will reach more than 300,000 selected readers. Regular newsstand copies of Business Week rarely include such inserts. Therefore, especially prepared 16-page reprint copies will be available to the general public through the sections advertisers. In Western Colorado, those advertisers include Paraho Oil Shale Demonstration Inc. of Grand Junction and the Tamarron Resort in Durango. could obtain leave to return to testify at the trial, because he would have "a few days for paperwork after the first two or three weeks of his assignment. Meyers told the court that, as police chief, he had heard rumors that Deavens, a Grand Junction policeman, was involved in narcotics (deals. Meyers said there were more rumors than usual about Deavens, and Flowers asked if he felt there was some reason. Because he's black, Meyers replied. Does that concern you? Flowers asked. Yes, it does, Meyers replied. CBI called in Meyers related that a Colorado Bureau of Investigation agent was called in, at his request, as an undercover agent. But he testified he was not present at any actual transactions between the CBI agent, Deavens and Wilson. He also testified the arrests of the two men last October were on probable cause, without warrants. Flowers said that the defense feels that the former chief must be present to testify on preliminaries leading to the Deavens-Wilson arrest, even though he was not present at the arrest. It is virtually impossible if we are attempting to raise (the issue of) entrapment (without Meyers). It is necessary to show the entire chain, Flowers said. Judge Moss agreed that Meyers must ( be present, but he told Flowers that the defense must subpoena the chief again and that the defense would have to pay his travel expenses. Thefts reported Thefts and vandalism filled reports today from local authorities. Der Weber Deli, at 104 Orchard, had a plate glass window smashed with a rock. The window was valued at $200. According to a police report, the incident occurred sometime Monday night. In a theft report to police, Tri-State Tool Co. Inc., at 2587 U.S. 6 and 50, was hit for a tool box containing about $190 worth of items. Located in an open shop, the box was stolen sometime over the weekend. West End ' courthouse ' City delays sewer moratorium again, plans task force study A discussion of a moratorium being placed on sewer taps wont appear on the Grand Junction City Council agenda Wednesday night. City Manager Harvey Rose said Monday during the precouncil meeting luncheon at Two Rivers Plaza a task force will look into alternate solutions to a moratorium until the plant can be enlarged and suggested council delay any action for 30 days. The council informally agreed to the delay after questioning Robert Gardner and Henry Faussone of the Homebuilders Assn, of Northwest Colorado. Task force The two tqM the council the task force, which would Include representatives from the city and county governments, the sewer districts involved and the homebuilders association, will be studying ways in which sufficient funds can be raised to provide for the necessary plant enlargement. Gardner said homebuilding groups representing 77,000 firms have been studying identical problems around the country and any expertise their representatives might have would be sought. Faussone said front range cities have tried moratoriums in the past that have been disastrous and usually prove to be nothing more than a six-month halt in building before opening the industry up again unfettered. Issue tabled The council originally tabled the issue until Wednesday's meeting and Rose will ask then that the matter be officially tabled again for 30 days. An ordinance regulating wrecker services from showing up at the scene of an accident until called for will come up for final action. The measure passed by a narrow 4-3 vote Feb. 4 on first reading. Garfield may face redistricting GLEN WOOD SPRINGS - The discovery here this week that there is a state statute requiring that county commissioner districts be as nearly equal in population as possible has raised the question whether Garfjeld County can be redistricted before the general election this November. In the November election the district two and three seats now held by Lynn Hill, Rifle, and Pete Mattivl, of New Castle, will be up for grabs. Until redistricting is accomplished, candidates for these seats will have to come from within the present boundaries of districts two and three. However, all county voters participate in the election of each commissioner. The discovery of the state statute requiring equal population in the dis- to authorities In another theft nearby, Roys Paint Shop, at 2757 U.S. 6 and 50, reported the theft of three tires and wheels stolen through an open fence sometime late Monday night. Other reports include: The arrest of Jack P. Jameson, 42, of 642 Panorama Dr., early this morning at Colo. 340 and Road 23. Jameson was charged with driving under the influence of alcohol. Kenneth W. Thompson, of 3172 Road told Sheriffs deputies a spray gun, valued at $130, was stolen from his unlocked garage Tuesday. A visitor inspects the new Montrose County building man for Phipps Construction Inc. of Grand Junction, in Nucla. The $100,000 structure is getting exterior which is doing the job. The facility will house social grooming and landscaping. The interior is expected services, law enforcement offices, a courtroom and to be finished in two weeks, according to a spokes- judicial chambers for the western end of the county. 7 Sentinel photo by Vivian Blue 1 The city leaders will also consider a $250 gift made to the police department for the poor and underprivileged made by a woman named Myrtle A. Reed who no longer lives in Grand Junction. The woman's last known address was the Guest House Motel, 2425 N. Seventh, according to a special police report. Donations The cashiers check to the city is one of several donations the woman made, the report states. Others were two-way radios for the Fruita Police Department and 35 radios to Medicenter, 1100 Patterson. Rose will name several ways the money can be spent to comply with the vanished womans request. Other agenda items will include: - Naming an auditor for 1976. Men denied liquor license may sue council members Three men the Grand Junction City Council denied a hotel-restaurant liquor license to last November have kept open their option to sue by issuing a notice of intent to six council members and City Attorney Gerald Ashby. Thomas Wilson, Phil Shively and Tim Fallon said in the notice they may sue the city for $100,000 and the seven individuals $5,000 apiece for turning down a licensing request for the proposed Funny Pages business, which would have been located in Parkwood Plaza, 1000 N. Ninth. The six elected officials include Mayor Larry Kozisek, Larry Brown, Robert tricts, CRS 30-10-306, resulted from recent dissatisfaction in district one over the apportionment of county road and bridge funds. District one, which includes Glen-wood Springs and Carbondale, is now estimated to include over 60 per cent of the county's population. Road funds By custom, the three Garfield commissioners have been apportioning the road and bridge funds equally between the three commissioners and their districts. Also, each commissioner has been entirely responsible for the roads and bridges in his own district and has maintained his own road and bridge equipment. Many residents of district one are no longer content with the idea of receiving one-third of the countys road and bridge money, or, for that matter, with having only one resident of their district elected to the board of county commissioners. All three Garfield commissioners and county attorney Gerald Hartert say they were unaware until this week that there is a state statute requiring equal population in the commissioner districts. Mesa redistricted By contrast, Mesa County Administrator Ted Ford says that Mesa officials have been well aware of the equal population requirement and have redist-ricted a number of times in recent history because of it. Ford added that Mesa will have to take another look at the districts this year to make sure imbalances are not growing. Garfield Attorney Hartert said today V - Consideration of a report by the city's animal wardens on the new dog licensing fee of $15 if unspayed or unneutered. Recommendations will include a reduction of the license and a higher fine or the same license fee with a rabies shot covered in the cost. Rose said the two wardens tell him residents are upset over the rate hike from $3.50 for all dogs to the split rates which went into effect Jan. 1. - Hear a proposed ordinance authorizing the lease for the old Treece Furniture building behind 336 Main. A request to spend $100,000 of land funds to help buy the Treece property won't appear on the agenda, the city manager said, because the necessary funds were found in the old parking authority treasury. VanHouten, Elvin Tufly, Harry Coles-cott and Karl Johnson. Councilwoman Jane Quimby apparently wasn't included because she was the only one voting in favor of the license. The council turned down the request because it said the needs of the surrounding neighborhood were being met by other bars and restaurants along North Avenue. Its action came following vocal opposition to the business from nearby neighbors who felt a restaurant-nightclub would add to traffic congestion and make parking in front of or near their homes almost unavailable. that it now seems clear to him the Garfield commissioners are obliged to redistrict to take into account the greater growth during the past 15 years in the eastern end of the county. Hartert also pointed out, however, that the redistricting would not automatically change the way road and bridge funds are apportioned between the commissioners. Hartert said the commissioners can apportion the road and bridge funds as they see fit. Large boulders fall on tracks Boulders the size of a small room fell on Rio Grande Railroad tracks several miles south of Grand Junction Tuesday afternoon, damaging two engines and several train cars, according to Mike Kandaris, a railroad official. A trainfrom Montrose was hit by the falling rocks, but was not derailed. The accident occurred near the Energy Research and Development Administration compound about 4:30 p.m. The track was shifted when the boulders hit the train, but traffic is using the track. Traffic must move at five miles per hour, however. Wednesday, crews were moving the rocks and working on the bank to remove the rest of another slide, Kandaris said. The slide was caused by warm weather, which loosened the rocks, Kandaris said. The tracks should be repaired by the end of the week, according to the railroad officials. u 4 T '-A: n- t- - V

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