The San Bernardino County Sun from San Bernardino, California • Page 12

Metro Edition San Bernardino, Highland, mountain communities. Jury weighs sanity of killerB5 Pair arrested in cable TV piracy caseB2 INLAND 0 The Sun TUESDAY May 12, 1987 BA: Shooting of teen who had toy pistol justified By JOHN WHITEHAIR Joseph Falcon's attorney, John Manneri- to duty since the shooting, Stodelle said. sponse to reports that there were men with Falcon graduated from Etiwanda High School in 1985 and was a student at Chaffey College in Rancho Cucamonga. His three companions and sheriff's department officials said earlier that the shooting was a case of mistaken identity. They said Falcon believed the deputy was a participant in the game he was playing.

In the game, the participants wear sensors that pick up the short bursts of laser light fired from the guns. Durrant was among the first four deputies sent to investigate the report of armed prowlers at the school. Falcon saw the deputy, thought he was one of his companions, pointed his toy gun at the deputy See DEPUTYB2 no, said in a prepared statement that his office is continuing its own investigation of the shooting. The district attorney's statement does not address the question of "civil wrongs for which remedies may exist for the Falcon family," Mannerino said. Sheriff Floyd Tidwell was attending a peace officer memorial dedication in Sacramento on Monday and was unavailable for comment, said spokesman Sgt.

Mike Stockpile. "We're obviously pleased that there's nothing amiss, at least according to the district attorney's office," Stodelle said. Durrant has served on the sheriff's department about five years and has returned Sun Staff Writer BERNARDINO A sheriff's deputy' was justified in shooting to death a man who pointed a toy Lazer Tag pistol at him in a dark Rancho Cucamonga school yard last month, the San Bernardino County district attorney said Monday. Deputy Dan'l J. Durrant, 30, killed Leonard J.

Falcon, 19, with two blasts from his 12-gauge shotgun at Central Elementary School on Archibald Avenue after Falcon pointed the toy pistol at the deputy. Falcon was at the school the night of April 7 with three friends playing Lazer Tag. Durrant had been sent there in re guns on the grounds. In a prepared statement, San Bernardino County District Attorney Dennis E. Kottmeier said a thorough review of the evidence and the statements of those involved showed Durrant was justified in believing that "his life was in danger and that his self-defense required the use of deadly force." "Therefore, the district attorney's office concluded there is no criminal liability on the part of the officer involved," Kottmeier said.

Falcon's father, Joseph, said Monday he had not been told of the decision. "I don't know anything about it until right now," he said. Leonard J. Falcon Shot to death by deputy April 7 Lewis, Joyeer seek changes in desert park bill Proposed Mojave National Scenic Area lilF A Jr- xf lift ill wife te if VoNeedlesT S.B. CO.

San Bernardino By CHUCK MUELLER Sun Staff Writer BARSTOW Changes in a proposed California Desert Protection Act to allow such things as grazing and mining to continue are being sought by Rep. Jerry Lewis and County Supervisors Chairman John Joyner. Lewis, R-Redlands, wants more federal funding to add 20 full-time desert rangers to the staff of the U.S. Bureau of Land Management, whose 18 rangers patrol 12.5 million acres of California desert. Joyner has expressed serious concerns about the bill, proposed by U.S.

Sen. Alan Cranston. "A new, more positive direction should be taken to protect the desert's resources," he said. Joyner has shared his concerns with Lewis, who is considering new legislation that would maintain compromises established in the 1980 California Desert Plan. The Sun Cranston's bill would establish the 1.5-million-acre Mojave National Park in the East Mojave National Scenic Area, a vast mountain and desert area east of Kelso between interstates 15 and 40.

Control of the area would be See PARKB2 as "-H ALEXANDER GALLARDOThe Sun ON WITH THE SHOW: The Cruz Marimba Band performs at the Hilberto, Ivan, Carmen and Abel. The Mexican group had problems National Orange Show on Monday. They are, from left, Ruisenor, with immigration officials and almost had to cancel the show. Visa woes hit sour notes with musicians Threat of lawsuit pushes 'Christ' off park's name SCHEDULE: Today at the Orange ShowB2 ATTENDANCE: Threat of rain keeps down crowdsB2 National took over a year after Martin died, has "historical rather than religious meaning" for the community. Martin created what he called his "peace garden" as a protest against potential nuclear destruction.

The Yucca Valley Municipal Advisory Council, which helps administer the park, recently endorsed the name change after the idea arose in casual conversation, Hanna said. But the advisory council is in no mood for more compromising, and wants to fight the ACLU's argument that the park violates constitutional provisions for separation of church and state, she said. The ACLU attorney preparing the challenge could not be reached for comment Monday. The suit is expected to be filed soon in federal district court in Los Angeles, Hanna said. The statues of Christ, his disciples and other figures and scenes including the "Last Supper" are generally larger than life-size and weigh up to 16 tons.

They annually attract about 30,000 they were at the Orange Show, the INS thought they were being paid for their work. Beltran decided to make a personal visit to Tijuana to straighten things out. "(The paperwork) was not honored until Mrs. Beltran came to Tijuana to bring us back," Cruz said. The family finally re-entered the U.S.

about two weeks ago. They are staying in a San Bernardino home that has been loaned to them and hope to extend their stay by performing at churches and other fairs through the summer. But Gilberto Cruz, the group's founder, said the family doesn't want to stay here permanently. "What we would like is to be able to come and go, to do these different shows and then go back to Mexico," he said, speaking through an interpreter. The six family members all play the marimba.

The wooden instrument's resonators are cov- See BANDB2 By BILL ROGERS Sun Staff Writer SAN BERNARDINO The Board of Supervisors on Monday took Christ out of a county park's name but not out of the park itself in its first response to an expected lawsuit over the issue of government being mixed up in religion. The supervisors changed the name of Desert Christ Park to An-tone Martin Memorial Park in recognition of the artist who sculpted 40 statues of biblical figures that have been maintained on a four-acre Yucca Valley site since 1962 by the community's county-governed park district. Monday's action is not expected to dissuade the American Civil Liberties Union from suing to force the county to abandon the park, but it could help achieve a compromise settlement, said Deputy County Counsel Betsy Hanna. Hanna said the name change should bolster the claim that the statuary display, which the county By CARL YETZER Sun Staff Writer SAN BERNARDINO The Cruz Marimba Band, one of the more popular entertainers at the National Orange Show's Mexican Village, almost spent the fair's 11-day run sitting in a real Mexi- can village. The group, which came here from the state of Chiapas, Mexico, to perform, got into a little hassle with the U.S.

Department of Immigration and Naturalization. It took a personal visit to Mexico by one of the show's producers to get things straightened out. According to Epigmenio Cruz, the group's vocalist and master of ceremonies, the six-member family band first was invited to the United States to play at some Seventh-day Ad-ventist churches in the Los Angeles area and at a conference in Houston. Lupita Beltran, the Orange Show's producer of Mexican en- preter Monday, Epigmenio Cruz said he and his father found themselves stuck in Tijuana with the rest of the group in the United States. "Then they told us that we should take out new documentation and new passports," he said.

So the entire band went home to Monterrey, Mexico, and took out new Mexican passports. But when they tried once again to return to the United States, there was another problem. Because the family members were being allowed into the United States on a cultural exchange passport, they weren't permitted to earn money for appearances here, Beltran said. And because Beltran was paying some of their expenses while tertainment, heard of the group through their recordings and television appearances in Mexico. When she learned they would be in the area, she booked them for the fair's entire run.

After the group had worked in the United States for a time, Cruz and his father, Gilberto, went to Tijuana to send some money home. But when they attempted to return to the United States, they found their visas were good for a one-time-only entry. Speaking through an inter- 1UPDATE Earthquake near Big Bear Lake hits 4.1 on Richter scale, but causes no damage CALENDAR Site of 7" earthquake Bear 1 mll nnrlh I Lak8 of Big Bear Serving the cause SAN BERNARDINO County Supervisor Robert Hammock will serve as honorary maitre d' during a "Celebrity Waiters Luncheon" on Wednesday to raise money for the Leukemia Society of America. During the luncheon, local business leaders will serve as waiters, doing whatever is necessary to earn "tips" from their guests. The tips will be donated to the society.

The luncheon will be at noon at the Inland Empire Hilton. Dunninn Cnrinna I nun wmiiiimo I Earthquakes make Big Bear Lake officials nervous because the lake's dam is believed too old and weak to withstand a major jolt. Bernardino f5, Fans Robert Hammock Singles invited Single professionals are invited to a meeting of the now-forming Redlands chapter of Single Professionals of America at 7 p.m. today at the Joslyn Center, 21 Grant St. (714) 794-4829.

BEST BET Auditions The Riverside Community Players are holding the second of two nights of auditions for parts in the Neil Simon play, "Brighton Beach Memoirs," at 7:30 p.m. today at 4026 14th Riverside. (714) 686-4030. INSIDE ObituarlesB4 BusinessB10 Jy GARY POLAKOVIC Sun Staff Writer mild earthquake near Big Bear Lake rattled windows and ihelves and set off security alarms Honday morning, but caused no lamage, officials said. "We've had a lot of calls and ilarms, but no damage," said sher-ff's Deputy Duane Lindquist at he Big Bear station.

San Bernardino police also re-)orted no damage. The temblor measured 4.1 on he Richter scale and was cen-ered four miles north of the lake. It struck shortly after 8 a.m. ind was felt as far away as Apple alley and San Bernardino, said (ate Hutton of the California In-titute of Technology Laboratory in Pasadena. "It was a good little shaker.

It ounded like a jet breaking the onic barrier a kind of rum-)ling noise and then there was a rery sharp jolt," said Steve lartenstine, chief of the Big Bear fire department. Earthquakes make Big Bear jike officials nervous because the ake's dam is believed too old and The Sun weak to withstand a major jolt. State officials have ordered the dam repaired by October 1988. "Everybody up here felt it. There's still water in the lake.

The dam's OK," said Richard Burton, general manager for the Big Bear Lake Municipal Water District. In Oakland, a Sunday night quake registered 3.3 on the Richter scale, knocking dishes from shelves and setting off burglar alarms. The Richter scale is a measure of ground motion as recorded on seismographs. Every increase of one number means a tenfold increase in the strenth of the shaking. Thus, a reading of 7.5 reflects 121 homeless in fire COMPTON (AP) A faulty water heater may have been the cause of a greater alarm hotel fire early Monday that left 121 people homeless.

Five companies from the Comp-ton Fire Department quelled the blaze at about 5 a.m., one hour after it broke out at the James Hotel, 124 E. Myrrh St. No one was injured in the fire at the 47-room residential hotel. The building, one of the oldest in the city, was built in the 1920s. Forty of the 121 people displaced by the fire were children.

Balloon-race winner PALM SPRINGS Uncooperative winds brought the Gordon Bennett balloon race to an end Sunday night, with the apparent winner coming down just 55.5 miles from its starting point here. "Windsong," the unofficial first-place finisher, landed southeast of Palm Springs near Ocotillo Wells. The sixth and last-place finisher, "U.S. Navy," came down on a golf course 14.8 miles from the starting point. Less than five miles separated the two top finishers, race spokeswoman Frances Byrne said.

an earthquake 10 times stronger than one of 6.5. An earthquake of 3.5 on the Richter scale can cause slight damage in the local area, 4.0 moderate damage, 5.0 considerable damage, 6.0 severe damage. Seven indicates a "major" earthquake, capable of widespread heavy damage, and 8.0 is a "great" quake, capable of tremendous damage. The earthquake that rocked Palm Springs last year, causing damage in San Bernardino and Riverside counties, measured 5.9. i mt fw '1 f4 .1 1 I I id mi ft ii i- inn jrir 1.