The Daily Sentinel from Grand Junction, Colorado • 1

What is this man doing? nr pitt 1 Xllli Sentinel Daily 20 pages Newsstand price 1 5c Grand Junction, Colo. Friday April 16 1976 Found innocent of misconduct Ex-cop, pal guilty in drug charge conspiracy to commit official misconduct. The two men were fined $50 each plus court costs, following the return of the verdict last night. Costs include the $8 standard court fee and $12 50 apiece for each of the six jurors who served two days. They were scheduled to pay their fines and costs today.

The case went to the jury about 5.45 p.m. Thursday, folowlng the two-day trial. Denials During the hearings, both Deavens and Wilson were on the witness stand, denying claims by Colorado Bureau of Investigation Agent Kenneth Brown that they had told him they would fur nish him police information and obtain a bar-lounge license through city council contacts. Brown was brought to Grand Junction by the local police department, to investigate rumors that Deavens, then a police officer, was dealing in drugs. Brown claimed to the two men to be a mobster and a dealer in drugs, prostitution and gambling, seeking a bar as a front.

In the process of his meeting with Deavens and Wilson, he asked for a good faith sign and was given a small bag of marijuana, he testified. Deavens, in his testimony, indicated he believed he had been set up with the drug rumors and said he had attempted unsuccessfully to find out By 'MARY LOUISE GIBLIN Sentinel staff writer Richard Deavens and Bobby Wilson, charged with giving a small amount of marijuana to an undercover agent, were found guilty by a Mesa County Court jury about 8 50 p.m. Thursday. However, they were found innocent of additional charges related to official misconduct. Possession of less than an ounce of marijuana Is a petty offense.

Twenty-seven-year-old Deavens, a former Grand Junction policeman, was charged with official misconduct and conspiracy to commit official' 'misconduct. Twenty-seven-year-old Wilson, a Colorado Division of Employment employe, was charged with more about Brown and another person who was here with 1 Among the lengthy list of jury instructions read by Judge Harold Moss was one on entrapment, which is illegal. Entrapment was defined as used to obtain evidence were such to create a substantial risk that the acts would be committed by a person who, but for such Inducement, would not have conceived of or engaged in conduct of the sort induced." Jurors were instructed that specific intent was an element of the crime and told that such intent must be to "willingly perform an act which will effect a specific result. They were told it is an affirmative defense if the conduct engaged in was done under the mistaken belief of a fact, if that mistaken belief negates the existence of a particual mental state essential to the commission of the offense." Acting Police Chief Ed Vander Took PI a ca ps ul sin ive omer men naa managed to get out of the ill-fated capsule before it flooded, and were picked up by tugboats. "Brother youd better believe we did some praying.

We were bobbing like a thimble or a cork half sunk, said CORPUS CHRISTI, Tex. (AP) -Thirteen men who scrambled into a saucer-like survival capsule before an oil drilling platform sank in the wind-whipped Gulf of Mexico died later when the capsule capsized, the Coast Guard said. The fiberglass capsule was pulled aboard the aircraft carrier Lexington 'Thomas Loftin, one of the five. I had said this morning there has been no final official action on Deavens termination from the policeforce. He said former police Chief Ben Meyers had recommended Deavens be terminated, on the basis of the accusations against him.

This action was taken, and Deavens appealed the decision to City Manaager Harvey Rose. Rose has not yet handed down his decision, Vander Took said. i Deavens has been employed as a laborer since his suspension, he told the court Thursday. Wilson has had continuing employment with the Work Incentive Program of the Colorado Division of got into a trough, the substructure twisted and put a great stress on it and the whole thing, went down. Another company rig on location 26 miles away experienced 60 mile per hour winds and 26-foot seas at the time, he said.

He described the Express as a jackup rig which sits on three legs 14 to 16 feet in diameter when on location. The legs are pulled up when the rig is moved and stick 250 feet up into the dir. -The heavy seas bounced the capsule around like a top. Lines fixed to the device broke as attempts were made to right th capsule, which was floating with its entranceway facing into the sea. -fn I ys SI 4 Its ballet and Oscar Villarruez is trying to assume the classic fifth position.

Why? Hes a member of thd Miami Toro soccer team and someone had the idea ballet lessons would help the team build up their muscles for the coming season. Below, Alan Hamlyn does an entrachat, which he cannot pronounce, while Ronnie Sharp gets ready to do his leap. To find ouj what the players thought when they found out they were ballet students, turn to page 17. Sections of U.S. 50 'obviously unsafe' highway chief agrees Ji 'vTiy I no idea Id ever see land again, added Loftin, 35, of Natchez, Miss.

The men were from the 35-pian crew of the offshore drilling platform Ocean Express, which tipped over and sank late Thursday as it was moving through 15-foot seas lashed by winds that reached 60 miles per hour. The other crew members and the captain survived, but heavy seas stalled efforts to reach the men trapped in the capsule. Navy divers had made the grim discovery of the bodies as several tugs and larger craft, including the Lexington, stood by at the scene, about 40 miles northeast of Corpus Christi. Another survivor of the capsized cap-Postal special service costs will rise sule, Terry Jones, 21, of Spring Hill, substantially in several areas, effective said it overturned while being pre-Monday, according to local postal au- pared for launching. But the men appar-thorities.

ently decided to get in it anyway. Special delivery, for instance, will Dudley Boudreaux, 45, of Abbeville, rise from 60 cents for up to two pounds said he wasnt in the capsule for to 80 cents. From two to 10 pounds, the more than 15 or 20 minutes. Boudreaux costs will rise from 75 cents to one dol- said one of the tugboats that had been lar, and for over 10 pounds, from 90 towing the platform tried to turn the cents to $1.20. Those raises affect air, capsule rightside up, but failed, first class and priority mail.

All other Fell through hatch classes will rise from 80 cents to $1.05 The boat kept trying to turn us over for up to two pounds, from 90 cents to somehow, the hatch came open and $1.20 for two to 10 pounds, and fromX through it. $1.05 to $1.40 for more than 10 pounds. As he surfaced someone from the tug-Special handling services will rise be- boat handed him a stick to grab hold of. tween five cents and 15 cents, based on I was tickled to death to see that the weights of the third and fourth class stick. parcels affected.

His voice breaking, the 19-year veter- Money orders will rise five cents (to an of oil platform work added Most of 30 cents) for up to $10; 10 cents (to 45 the people in there (the capsule) I had known for years. Freak accident Its just a freak accident, said an official of the company that owned the rig, Ocean Drilling Exploration Co. (ODECO) of New Orleans. We dont know exactly what happened. These capsules are supposed to float head up.

The official said names of the victims werent immediately available. The ODECO official described the survival capsule as about 14 feet wide, 9 cents) up to $50; and 10 cents (to 50 cents) from $50.01 to $300. Insurance fees will rise from five to 20 cents, with the lowest cost at 25 cents for up to $15; and the highest cost at 80 cents for $150 to $200. Registry fees will increase to $1.25 from 95 cents for up to $100 value of articles. The fee incrase will progress up to $3.25 for articles of a value of $800.01 up to $1,000 and $3.60 for articles between $1,000 and $2,000 in value.

Those fees are up from $2.45 and $2.75 By PAUL HATHAWAY Sentinel staff writer MONTROSE Preliminary design work has begun on U.S. 50 over Cerro Summit and the Highway Commission will be asked next month for $3 million to upgrade eight miles of the highway, according to Jack Kistlinger, executive director of the Division of Highways. Kistlinger was key speaker Thursday at a special meeting of area chambers of commerce, govermental and citizens groups from Delta to Montrose, Cimarron and Gunnison. Among the estimated lOO persons at the meeting were highway officials, Rep. Walt Waldow, D-Olathe, and Highway Commissioner Stanley Dodson of Glen wood Springs.

An adequate two-lane highway should meet most of the needs on Cerro, according to Kistlinger. He said his proposal calls for widening the highway, adding passing lanes, adding shoulders and guard rails, reducing some dangerous curves and generally bringing it up to a 50-miles-per-hour standard. About 2,500 vehicles a day use the highway on an average, with summer usage peaking up to 4,000 a day, highway officials said. Funds tight Kistlinger cautioned that his requesting $3 million for Cerro does not assure Anything, partly because commissioners may not have $3 million to spend. This department is financially strapped, and theres no other way to put it, he said.

There isnt much money available for anything, since the legislature didnt see fit to increase our funding through the gasoline tax or by shifting funding of the State Patrol and others away from the highway tax. For that reason, Kistlinger said, it may be years before another deadly section of U.S. 50, at the base of Blue Mesa and in Blue Creek Canyon, can be rebuilt. A few safety measures, such as lighted signs and more guard rails, may be possible, but no substantial construction. The chief said it would cost $10-12 million to rebuild that section of road and move it out of the canyon floor.

He estimated 1979 as the earliest that any work could be done, even if funds were available, due to environmental impact studies, design hearings and other red tape. Help sought Kistlinger, Dodson, Waldow and others asked for help in getting more highway funds approved by the legislature next year. They said it would take a Kistlinger said he had driven over Cerro on his way to Montrose, and agreed with those at the meeting that it was obviously unsafe and many parts of the highway cry out for improvement. Sharp curves, lack of banked curves, Jack of shoulders or guard rails and other deficiencies were noted. -s.

jf w-'5. i Restricted delivery fees will be up 10 feet high, and equipped with a oxygen cents, and return receipts increasingly and food. They are checked every six C0SJ fiV0 tO 10 cents monlre onrl owa 1(rrvin1atolir lifa cimnnrf. weeks and are completely life supporting for up to 20 men, he said. He said the capsules are standard equipment on rigs that drill in the gulf.

The rig went down 187 feet of water as it was being towed to a new location about 50 miles away at Mustang Island, ODECO said. One of the two tow lines broke and the engine on the other tug went down, the ODECO official said. The Express Collect on Delivery (COD fees will go up 10 cents for up to $10 in collectible amount to 40 cents for collections of $200.01 to $300. The new fees will be 85 cents for the smaller collection and $1.65 for the largest collection, with the amounts between increasing from 25 to 35 cents. Notices of non-delivery will go from 10 cents to 13 cents.

Study approved At the request of groups in the arey several months ago, after three persons were killed in a wreck on Cerro, the department began studying the highway. Nine persons died on the road last year. The commission approved $10,000 for a more detailed study, and Kistlinger said he will ask them May 20 for a $3 million project next spring. Chloroform joins list of banned chemicals No 'back room' politics involved coordinated and determined effort on in appointment, says mayor dont any longer, the FDA said. Two brands of toothpaste, Ultra Brite and Macleans, also contained chloroform but reportedly are being reformulated.

The $5 80 price for the list works out to 10 cents a page, the agencys cost for printing the list, the spokesman said. The agency said testing performed for the National Cancer Institute showed that chloroform caused kidney tumors in rats and liver cancer in mice, but did not prove that chloroform causes cancer in humans. The amount fed, to the test animals exceeds by far the amount to which any person could be exposed with present products, Food and Drug Commissioner Alexander M. Schmidt said. But the benefits of chloroform are minimal and do not warrant any risk, however small.

An FDA draft report says the chloroform findings "serve as a warning of its possible carcinogenicity in humans. The report is being studied at the National Cancer Institute. Ban delayed FDA decisions against a recall and to delay the ban were criticized by Dr. Sidney M. Wolfe of Ralph Naders Health Research Group, who called the decision a slap in the face to consumers.

His lawsuit to speed up FDA action against chloroform is pending in federal court. WASHINGTON (AP) For $5.80, the Food and Drug Administration will sell you a list of nearly 2,000 drug products conaining chloroform' the chemical recently found to cause cancer in laboratory animals. Last week, the FDA proposed a ban effective July 8 on the use of chloroform in cough and cold remedies, liniments and food packaging. But the agency decided not to recall chloroform products already on the market and to delay the ban for 90 days. Five requests The FDA has never before published a list of products containing substance to be banned and has not announced the availability of the chloroform list, a spokesman said.

So far, only five requests for copies have been received. The 58-page list of cough syrups, cold remedies, creams, liniments, ear drops and toothache potions was produced by 'an FDA computer that keeps tabs on drug ingredient information. Products on the list include nationally advertised brands such as Vicks Formula 44 and Pertussin cough syrups as well as such items as Rattle Snake and "White Stallion" liniments. No cosmetics The list doesn include cosmetics con-taining chloroform Some mouthwashes used to have chloroform but the parts of everyone concerned to sway the lawmakers from their stand this year. Dodson said he has hopes that a few yars down the road, when the interstate highways system is completed, Con-gress will divert the federal highways tax funds to improving rural and secondary highways.

If that happens, he said, the Western Slope could see more highway improvements in the next few years than in the past 10. Montrose Commissioner John Kramer noted that the state patrol, PUC and other state agencies skim more than $35 million off the top of the High; way Users Tax Fund before any goes to highways. "The state patrol alone got enough last month to rebuild Cerro, he said. We have to stop this kind of thing Kistlinger and Dodson said either an end to the skimming of the tax fund, which is supported entirely by fuel taxes and taxes on tires and other vehicle parts, or a 2 cent increase in the fuel tax would put the highway department back business. As it is, nearly all funds will go just (or maintenance, they said tem had that authority, he had failed to sign a signature card at the First National Bank of Rifle where city funds are deposited.

Rather than take the time to fill out the card and be around to sign necessary city documents through April, Price just decided to step down, Deppe said. He thought he'd give the council the opportunity to get everything straightened up once and for all. Vote against Meisner was the only council member to vote against his own appointment. I did it because I didn't think I have the time to do the job justice, he said. But you have to get somebody to sign the checks Meisner said he now looks forward to the job.

Mike Jolley, a leader of the citizens' opposition group that had begun a now-thwarted recall campaign against the, council, said Meisener was the best' thoice they could make. I think Bud will do a good job By RICHARD MAUER Sentinel staff writer RIFLE E. H. Bud" Meisner said this morning that his appointment earlier this week as mayor at a sparsely attended special city council meeting was not a return to the back room politics opposed by a local citizens group. Only two persons outside of city government attended the hastily called meeting Tuesday night jjut the session had been announced on the local radio station.

Less than a week before at their regular monthly meeting, council members decided to wait until May to re-placeformer mayor Bill Van Arsdale. Mayor Pro-Tern Norm Price had agreed to continue serving as acting mayor until the May meeting. Stepping down Price said this morning he decided last Monday that the pressures of running his radio station, KWSR, required he step down as acting mayor immediately. He said he could not afford the time for such city activities as signing checks and attending meetings. Price is currently fighting a federal decision to revoke his broadcasting license.

Councilman Joe Carpenter, appointed mayor protem at the same special meeting by Meisner, offered another reason for the hurried action. The mayor protem isnt authorized to sign checks, Carpenter said, a fact that was known but not realized fully by the council the previous week We werent using the old brain, I guess, Carpenter said. Obligation Carpenter had been mentioned in speculation around Rifle as the favorite for the mayor's post. But he said his business, an automobile parts firm, takes all his time. "I would like to have been mayor in a way but my first obligation is to my family and my employes fami-, lies City Manager Dan Deppe said anyone can be designated by the council as the check signer.

While Price as mayor pro.