Herald and Review from Decatur, Illinois • Page 3

Centra ji. A3 Decatur, Illinois Herald Review Wednesday, July 5, 1995 if mil the dozens of well-meaning cards and letters from friends and strangers. But the compassion hasn't gone unappreciated by the woman's daughter, who visited her mother on the Fourth of July. "It was incredible. The outpouring of concern," said the daughter, who visits her mother in a nursing home about three days, a week.

"The concern and the outrage of the older (fifth and sixth grade) children expressed was very encouraging." The woman was brutally attacked March 5. The attacker raped her, tied her to her bed and then set fire to the bed at about 4 a.m. The road to recovery seems to be growing steeper with time. "She tires easily," the daughter said. "Motivation is a problem.

She needs to be told what to do. The woman is supposed to go outdoors four times a day, but has been refusing when nursing home staff asks, her daughter said. "Yesterday, I just grabbed her and did it. She was fine then," the daughter said. "She needs someone there.

She'll never be able to live alone again." The elderly woman's eyesight needs to be checked, and burns on her hands haven't healed well enough that she can write. The woman has received new dentures to replace ones damaged in the fire. The woman was insured, so money isn't too much worry, the daughter said. "Insurance has covered pretty much ev Fire And Icees erything but the roof" of the woman's house, her daughter said. The roof suffered water damage before the fire, the daughter said.

One monetary contribution was especially welcomed by the daughter. "There was a kid who sent a nickel or dime, and thought it would make everything okay," her daughter said. "Kids attach a lot of importance to money. It's very touching." Cheerful stickers featuring butterflies, birds, spring flowers and Scripture readings were attached to many of the letters. They came from Decatur, Forsyth, Taylor-ville, Charleston, Mattoon, Bement, Shelby-ville, Sullivan, Pana, Stonington, Vandalia, Mattoon, Macon and Martinsville.

And the building is sure to draw them there. Davis has decorated the building with fluorescent, painted hand prints. In fact, kids whose parents will let them, can add their own hand prints to the collection on, or in, the building and sign their names. Davis also is food service supervisor at the Taylorville Correctional Center. He plans to use that experience to expand his business.

"I'd like to open an arcade so the business can be open in the winter and possibly serve cheap pizza the kids can afford in the back of the store," he said. Davis' interest in magic came from practicing with a friend. Then, he said, he went to the library for books on the subject. "Now I support the library's reading programs. Once, they asked the kids if they wanted a treat from McDonald's or Dairy Queen, but the kids answered they wanted Icee-D-Lite.

That made me feel really good." But, the kids should know him. During the school year, he plays guitar, sings and does magic for the kids at the Pana grade school. "It's important for kids to have something to do." iff4. I 4 S. i- 5 i1 i TiS in nanWSin II -i i $wttm "A It TSS I Lj Drive-by shooting convictions upheld By HEIDI HILDEBRAN0 Springfield Bureau Writer SPRINGFIELD The convictions of two Decatur men for a 1993 street shooting have been upheld by a state appellate court.

James Folks and Charles E. Gardner, both 24, are serving 30 years in prison for the shooting, in which no one was injured. According to trial testimony, Folks was driving a burgundy-colored Chevrolet Celebrity with Gardner and two other passengers on May 17, 1993, when he drove past the home of Kenny and Thomas Beasley on North Edwards Street several times. Gardner fired several shots out the car window with a pistol. Two Decatur police officers witnessed the shootings and chased the car.

During the chase, Gardner shot at the officers three or four times. Folks testified that he did not know that Gardner intended to shoot at the Beasleys, and that Gardner had pointed a gun at him, forcing him to elude police. Gardner was convicted of three counts of attempted first-degree murder and one count of aggravated discharge of a firearm. Folks was convicted of two counts of attempted first-degree murder and two counts of aggravated discharge of a firearm. Both men appealed, arguing they were denied effective assistance of counsel and the law barring unlawful discharge of a firearm is unconstitutional.

The 4th District Appellate Court disagreed, and upheld both convictions. Folks also argued that prosecutors failed to prove he shared Gardner's intent to kill the Beasleys or the police officers. The appellate court concluded that Folks was accountable for the offenses committed by Gardner. "Even if James was surprised the first time Gardner shot, the evidence fully supports a determination that thereafter he cooperated with the intent of aiding Gardner in shooting at the Beasleys and eventually at (the officers)," Judge Frederick S. Green wrote in the unanimous opinion.

Gardner also argued that the introduction of evidence that his nickname was "Al Capone" prejudiced the judge against him. But the appellate court said the judge is presumed to consider only competent evidence. Folks' attorney, Assistant Appellate Defender John M. McCarthy said he is reviewing the case with his client to decide whether to appeal it to the Illinois Supreme Court. Gardner's attorney, Assistant Appellate Defender Allen H.

Andrews could not be reached for comment. Seniors now can enjoy tax breaks and privacy Springfield Bureau SPRINGFIELD Elderly D-linoisans will be able to apply for property tax breaks and have their personal information kept confidential under legislation recently signed into law. Legislation passed last year that allows elderly property owners making less than $33,000 a year to apply for a property-assessment freeze. The freeze means their taxes will not go up when their property values rise. But the information on the applications has been available to the public because the new law did not say otherwise.

State Rep. John O. Jones, R-Mount Vernon, said tax assessors in his district asked him and state Sen. William L. O'Daniel, D-Mount Vernon, to sponsor legislation making the information confidential.

Jones said that under current law, he anticipated cases in which the information is made public, even though he has not heard of any yet. The new law will make improper disclosure of the information a Class A misdemeanor, punishable by up to a year in jail. It takes effect Jan. 1. ATTRACTING BUSINESS: Wes Davis owner of Icee service supervisor, magician and musician.

Herald ReviewHerb Slodounik Lites in Pana is a man on the go juggling many aspects of his life as a businessman, Physical, emotional injuries remain; woman's daughter finds encouragement in cards, letters. EDITOR'S NOTE: This is an update on the progress of an 82-year-old Decatur woman who was sexually assaulted and her west side home set afire on March 5. The retired school teacher's identity, location, and the name of her daughter are not discussed to protect the victim from further harm. By DAVE MOORE Staff Writer The 82-year-old woman has neither the strength, patience, nor the eyesight to read fireworks spark anger Firefighters hope tougher ordinances will burn vendors ignoring law. By DAVE MOORE Staff Writer DECATUR Merchants who sell fireworks to unlicensed buyers might face being shut down next year if some Decatur firefighters get their way.

Talk of the crackdown is being fueled by suspicions of heavy illegal sales of firecrackers, bottle rockets and Roman candles and fountains. It is illegal to buy or light off fireworks in Illinois without a permit issued by the county or municipality. Decatur firefighter Lt. Dale Casey said there are nine licensed sellers in the city and 67 people with licenses to buy and light off fireworks. He said two or three venders should be plenty to supply 67 buyers.

"Decatur's cleaner than Bloo-mington and Springfield" in illegal fireworks sales, Casey said. "We don't have people sitting on sidewalks selling them. But we still have a big problem." Sellers look upon court fines for fireworks sales to unlicensed buyers as "the cost of doing business," Casey said. Illegally selling fireworks is a Class A misdemeanor, punishable by up to 365 days in jail and $10,000 fine by state law. So the city is looking into suspending licenses for one or two years, or perhaps indefinitely, Casey said.

However, Decatur fire marshal Les Albert said talk of indefinitely suspending fireworks licenses might be premature. City attorneys are looking into toughening Decatur's ordinances dealing with fireworks and open burning, Albert said. "Right now, the fines (for illegally lighting off fireworks) are less than the permits cost," Albert said. The city's citation is $10; the permit costs $25. But usually, the city gives suspects a notice to appear in court to face charges for violating state fireworks laws, which carry bigger penalties.

Albert said he thinks tougher laws could include requiring vendors to record who they sell fireworks to. And some of them will stop relying on having customers sign waivers that vendors mistakenly think shields them from local ordinance enforcement, he said. Decdtur ssvbs table for World' 1 Illinois ioins 6 states marking recovery from '93 floods. By DAVE MOORE Staff Writer DECATUR If you expected to see picnic baskets stacked taller than Yogi Bear and Boo-Boo combined at the World's Largest Picnic at Nelson Park on Tuesday, you might have missed the point. The picnic event was a six-state celebration to mark the Midwest's recovery from floods that hit in 1993.

Decatur Park District spokesman Brian Byars was relieved he didn't have to rely on his prediction that only a "hurricane" could cancel all of Tuesday's events in the park. Heavy rains and winds late Tuesday morning gave way to partly sunny skies by the afternoon. But a severe thunderstorm watch threatened performances of the Greater Decatur Youth Band, the Decatur Park Illegal 11 i food By and who seven in "That to a by line. nn en (0 Col SARAH ANDERSON Taylorville Bureau Chief Shaved ice, magic tricks an enchanting combination for Pana entrepreneur had so much money flying around, it wouldn't even fit in the cash drawer anymore. I thought, this is the business for me." Icee-D-Lite, which now sells ice cream too, is located on the corner of Ninth and Fair avenues in Pana, near Kitchell Park.

Davis picked that spot on purpose. "I have always loved the park," he said. "I was married here, I live on the corner by the park. It's a perfect place for the business, since there's so many kids who play in the park." Fire and ice may not sound like they mix, but for one Pana businessman they're the perfect match. Wes Davis, 35, is the owner of Icee-D-Lites where he does magic shows juggles fire for kids and adults wait in line at the dessert stand.

"It doesn't make any difference if they're years old or 70, they still get a twinkle their eyes when I do magic," Davis says. makes it all worth it for me." Davis said he got the idea for the flavored, shaved ice stand after attending the Christian County Fair last year. He said he went the fair on July 11 and by July 15, he had business of his own. "I was doing magic at the fair and stopped my friend's stand," he said. "There were so many people standing in Then I walked around back and they Double Duty -i ilace at holiday Lamest Picnic Singers, and several bands.

Byars said about 6 million people were expected to participate in "the World's Largest Picnic" across six states Tuesday. He estimated about 1,000 people were in Nelson Park from noon to 2 p.m., when the picnic was scheduled. Among them were Rudy Escobar and his family, who were unaware that they were part of a six-state picnic. Picnicking during the Fourth "has been a family tradition," said Escobar, 67, of Decatur. "We get here early every year so we can get the gazebo.

And we stay until the fireworks." The Escobar family has been coming to the park for the Fourth for 15 years, he said. Among them was granddaughter Chela Wilson, 10, who is visiting from Hilton Head Island, S.C. She took advantage of Tuesday's free sailboat rides. "It's one of those old little sailboats," said Chela, as she ate a Hostess cupcake. "They taught me how to steer." Herald ReviewStephen Warmowski Barbara and Lloyd Tripp of Decatur weed and repair an electrical box at their neighbor's home Monday morning.

The Tripps said they often help out Charlotte McKay with small jobs around the house..