Herald and Review from Decatur, Illinois • Page 3

1 Decatur, Illinois Tuesday, November 1 6, 1993 A3: Man bolts after receiving 30-year sentence for attempted murder By RON INGRAM Staff Writer who was fired at as he chased the pair in his squad car. Both men also received 15-year sentences for aggravated discharge of a firearm for shooting at a bystander who emerged from his house to investigate when he heard gun- fire. Greanias said all the sentences would run concurrently, meaning a maximum of 30 years in prison for both men. With day-for- day good time their terms could be reduced to about half that time. But Gardner's sentences will be on top of a 15-year sentence he received in March for aggravated discharge of a firearm for 5 shooting into an occupied house.

So he faces; at least 22 years in prison without a chance for parole. Greanias said he was giving maximum sentences because the criminal histories of both men made him believe the public must; be protected from their criminal conduct. rent jumped up, tore off his sports coat and leaped into the fray, grabbing one of Gardner's legs and sitting on it. "Give it up, man. Surrender," a deputy told Gardner, who continued to struggle.

"Shoot him, shoot him again," the deputy told another officer, who hit Gardner in the face with a blast of Capstan, a disabling pepper spray that appeared to have little initial effect. A third sheriff's deputy rushed forward and handcuffed Folks, who remained seated just in front of the struggling mass of officers. Gardner was finally handcuffed and leg shackles were brought to further restrain him. He was then returned to the Macon County Jail. Based on a motion by Current, Greanias found Gardner was in criminal contempt of court.

He will be sentenced for that later. Current asked that six months be tacked on to Gardner's other sentences for the contempt citation. Assistant public defenders Gregory Mat-tingley and Jon Baxter, who represented Gardner and Folks, respectively, told Greanias their clients would appeal their convictions and sentences. Gardner and Folks, 22, also of the 500 block of East Grand Avenue, were found guilty after a bench trial in October of the attempted murder of brothers Thomas and Kenneth Beasley. The brothers were at a house in the 800 block of North Edward Street on May 17 when they were fired upon from a passing car.

Gardner was the shooter and Folks the driver of the car. Greanias sentenced both men to two, 30-year prison terms each for that crime. The judge also sentenced Gardner to 30 years in prison for the attempted murder of Decatur police officer Loren Sturdivant, DECATUR A sentencing hearing for two Decatur men convicted of attempted murder ended in a melee Monday. Charles E. Gardner, 22, of the 500 block of East Grand Avenue broke down and wept as Circuit Judge John K.

Greanias pronounced sentences of 30 years each for him and co-defendant James Folks. At the conclusion of the sentencing, Gardner sprang up and pushed over the table at which he sat in an apparent effort to flee the courtroom. However, Gardner got only a few feet from the table before two correctional officers seated behind him tackled him. They were joined by two sheriff's deputies who also fell on the struggling Gardner who pleaded with the officers, "Let me go!" Assistant State's Attorney Richard Cur Project to take it nearer 1-72 By REID MAGKEY Staff Writer Vy v' ir '-ie -it' vssl Iff 1 If 6 K3 gi Locksmith charged in burglary scam DECATUR Robert Bennett, 67, a locksmith and security system dealer, appeared Monday in Macon County Circuit Court where he learned he has been charged with solicitation to commit residential burglary. The charge alleges Bennett Conspired with Lindy Hollgarth between Oct.

11 and 16 by requesting or encouraging him to commit a residential burglary. Hollgarth was the subject of a manhunt when he escaped from a police squad car on Oct. 22 and fled to Arkansas. He was being sought in connection with a shoplifting incident and two charges of auto theft. Bennett will appear Nov.

24 for a preliminary hearing. Police have said there were two intended victims in the alleged conspiracy. Bennett operates Bob's Lock 6 Alarm 405 N. Jasper St. Hate crime charge levied DECATUR A man has been indicted for striking another man and making a remark about his supposed homosexual orientation.

Thomas J. Griffin, 27, of Decatur, was named in a felony charge returned by a Macon County grand jury. He is accused of committing a hate crime, a Class 4 felony; and battery, a misdemeanor. The victim told Decatur police he was at a party May 2 and accidentally brushed against Griffin as he was going to a bathroom. After the victim left the bathroom, Griffin struck him in the face and made a profane remark about his sexual orientation, the victim told police.

Tools valued at S3, 600 taken DECATUR An estimated $8,600 worth of tools were taken in an early Monday morning burglary in a garage in the 2200 block of East Main Street, according to a police report. Sex-abuse conviction nets probation, fine CHARLESTON A 47-year-old Shelbyville man pleaded guilty Monday to two counts of aggravated criminal sexual abuse in connection with fondling a girl under the age of 18. Sherman Manship entered his plea in Coles County Circuit Court. Manship was sentenced to four years probation and was fined $500, of which $100 goes to the sexual assault fund. Manship was ordered to spend 10 weekends in the county jail and to perform 100 hours of community service Manship, who had undergone a court-ordered psychological evaluation, was further ordered to undergo alcohol counseling and to attend the sexual offenders mental health program sponsored by the Coles County Mental Health agency.

Meeting to focus on gang problems DECATUR A neighborhood meeting focusing on gang problems in Decatur will be at 7 p.m. Wednesday, Nov. 17, in the Ullrich Building, 401 Longview Place. The meeting is hosted by Decatur City Councilman Bill Mitchell and will include remarks by gang specialist Carl Carpenter of the Decatur Police Division. Council to study sewer line SHELBYVILLE A McDonald's restaurant is expected to open soon, but replacement of an old sewer line serving the establishment might take much longer.

The Shelbyville City Council tabled the issue Monday to find out how the city is going to pay for it and whether the city is going to take bids. The line, which also serves Super Wash, Guy's Steakhouse and Hardee's, has to be re-, placed because McDonald's is coming onto it. The project is estimated to cost $40,000. But Mayor J. Lowell Goleman said it might take a year or two before the sewer is replaced.

Steve Bainbridge said his engineering firm, Bainbridge, Gee and Milanski Associates of Decatur, might have to design a retention pond to slow down surface runoff. Herald Review Herta Slodounik. County coroner's race as his wife, Sharon, looks on Monday at a Decaiur Public Michael E. Day enters the Macon brary news conference, Decatur Republican sees Democrats' discord as opportunity By RON INGRAM Staff Writer DECATUR Martin Luther King Jr. Drive is headed to Interstate 72.

The Decatur City Council on Monday approved extending the drive another 1,200 feet north, almost to the interstate highway, at a cost of nearly $450,000. The Martin Luther King Jr. Drive extension between Mound Road and Shutter Drive, near Sam's Club, is almost completed, and will provide a second access to the Wal-Mart shopping center area. It also will open up areas behind Wal-Mart to commercial development, though none is planned, city staff members said. Most of the extension will be three lanes, narrowing to two lanes, which can be expanded to four lanes when development warrants.

Rather than going out for competitive bids again for this latest extension of Martin Luther King Jr. Drive, Public Works Director William Sands recommended using the same engineer and contractor, Phillip W. Cochran and Dunn that did the work north of Mound Road at the same unit prices. Dunn Co. was the lowest of three bidders for that job, at $1.15 million.

City Manager Jim Bacon said extending Martin Luther King Jr. Drive to 1-72 this way will allow the city to meet a Dec. 31, 1993, deadline. The deadline was set in a 1992 agreement with Wayne Phillips and Bessie Loeb to annex several hundred acres to Decatur. Money for the project, which comes from a special taxing district that includes the Wal-Mart shopping center, was already budgeted this year, Bacon said.

The project has been delayed by negotiations between Decatur and Forsyth about where Martin Luther King Jr. Drive should cross 1-72. Decatur and Forsyth still don't have an but Bacon said the design of the drive will allow flexibility. The project also includes a new 72-inch-diameter storm sewer that will drain about 250 acres of land in the area, at a cost of more than $63,000 to the city. Auto storage yard's call for rezoning scrapped By REID MAGKEY Staff Writer DECATUR When is a junkyard not a junkyard? When it's an auto storage yard.

But in the eyes of Decatur's zoning laws, a junkyard and an auto salvage yard are pretty much the same thing they need heavy industrial zoning to operate legally. And that's Douglas Walston's problem. Earlier this year he bought some land at 745 E. William St that had been an abandoned Sol Tick scrap metal yard, cleaned it up and went into business as an auto storage yard for wrecked and abandoned cars. Walston doesn't take apart or crush cars there; he just keeps them until they can be sold or the state says it's OK to scrap them.

But Walston quickly ran afoul of the city because his land is zoned for light industrial instead of heavy industrial use. So he asked the city for heavy industrial zoning. The city's staff recommended against rezoning and Walston's neighbors, including the Herald Review, objected, saying an auto yard and heavy industrial zoning don't belong in an inner-city neighborhood. On Oct. 7, the city plan commission agreed, unanimously recommending Walston be turned down.

The Decatur City Council did the same thing Monday night, but it also gave Walston some hope of staying in business there. The council told the city staff to go back and rewrite the zoning ordinance so Walston can have his auto storage yard with light industrial zoning, if he gets a special permit. "We're encouraged, so long as they move actively," Frank Byers, Walston's attorney, said after the meeting. City Manager Jim Bacon promised action by December or January. Rewriting the zoning ordinance to allow auto storage in light industrial areas could affect other businesses, such as towing companies, that keep wrecked vehicles on their property for any length of time.

George Weaver, director of community development, said at least one towing company, Prairieland Towing, recently was notified it doesn't have the proper zoning. Coroner Maurice Doyle. Vallas named Doyle as the man he would like to see succeed him and Doyle is backed by most elected county Democratic officeholders. "The Democratic Party has quite a schism," Day said. "It probably will lead to some hard feelings." Day said he also will be helped by better name recognition, something he did not have in his first race when he came out of Maroa where he was a city councilman.

"When you work for an office, you have to get out and work for it," Day said. "I took on a tough incumbent. It's a building process." But Day also may face opposition in the primary election. Republican Party sources say Decatur funeral director Dan Brintlinger will declare for coroner as a Republican. When contacted recently, Brintlinger refused to rule out a run for the office, saying it is possible someday.

He declined to be more specific. In making his announcement, Day touted his service as a Maroa auxiliary police officer, police commissioner and city councilman and his community involvement since moving to Decatur. He was chairman of the 1991 "Welcome Home Veterans" parade following Operation Desert Storm and has served as Decatur Jaycees financial vice president. "Since becoming a Decatur resident, I have pursued an active role in raising community consciousness in the fight against drugs, gangs and violence as the drug awareness officer of Elks Lodge 401 and as a representative for Holiday Hills Neighborhood Watch Association," Day said. Day said it is the moral obligation of the coroner to try to help keep our youths alive, and vowed to continue in the fight against drugs, gangs and crime if elected.

Also needed is "compassion, cooperation and discretion" through interaction with families in their time of need and sorrow, Day said. DECATUR Michael E. Day is hoping the third time is the charm as he launches his bid for Macon County coroner. The 36-year-old Decatur Republican formally announced his candidacy Monday during a news conference in the Decatur Public Library auditorium. Defeated in 1988 and 1992 by the late Chris Vallas, Day said he senses opportunity in the division among Democrats on who their coroner candi: date should be.

Appointed by the county board to serve until the November 1994 election was V. William Meyer, a licensed funeral director who had been employed by Graceland-Fairlawn Cemeteries. Meyer, a vice chairman of the county Democrat Central Committee, has declared his candidacy for coroner. Meyer is backed by many party officials but faces a battle in the March 15 primary election with former Deputy Final decision on amendments, exemptions could come by beginning of the year. By DONNA TRIMBLE For the Herald Review provide a more specific definition of "amusements" to more clearly state which organizations would be involved.

One such business is Majestic Hall, a bingo hall that has been open four months. When applied to the hall and the seven non-profit groups that rent it to hold bingo games, a 2 percent tax would mean a 1-cent increase in the price of a 50-cent bingo card, and could bring in about $25,000 to $30,000 for the village, Village President Harry Ashworth said. Jim Donovan, representing Majestic Hall, told the board that three of the seven non-profit groups are ready to terminate their rental contracts if the village begins collecting the tax. "Bingo is already taxed by the state and these organizations cannot handle another tax," Donovan said. Several board members will meet with one key member of each affected organization within 30 days.

An invitation will be issued to every organization that will be directly involved in the proposed taxation. Board members tabled proposed amendments to the tax after hearing many proposed compromises and exemption requests. But they said they were determined to resolve the issue around the beginning of the year. Also, Ashworth discussed an unsigned letter he received from someone who suggested creating a senior citizens center. "We should give this request high priority," he said.

"If anyone has any ideas or suggestions to help, it would be a great thing for the village." MOUNT ZION The new year may bring a final decision on the Mount Zion amusement tax. Proposed amendments to the 5 percent tax, including a reduction to 2 percent, were tabled at Monday's village board meeting for further coasideration. The ordinance, initially passed in August, Includes a 5 percent tax on gross income of all "amusements" in Mount Zion, excluding the school district. Income from the new tax is to help lessen the impact of reduced state income tax surcharge funds. Another proposed amendment would 3 jm iiiiii iriijL if 'r nrHrff itur irrniirri ft.jJWiiitiu.jLiiiiirtiMir njiniir mMm..