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Show 2° The Salt Lake Tribune UTAH Sunday, January 24, 1999 FOR THE RECORD DEATHIN MINE SHAFT A 26-year-old American Fork man died at 10:15 Saturday morning after he drove an ATV into a mine shaft in west Cedar Valley, west of Utah Lake. Robert Bartholomew was riding with his father and brother-in-law whentheaccident occurred. ey came in up pnitop of what they thought was a flat area, but was really a 50-foot- ing with his father and brother-inlaw.Police immediately brought in Utah County Sheriff's Search and Rescue teams, but the man was dead when rescuers got him out. Scharmann said the man died from severe head injuries that might have beenprevented if he had been wearing a helmet. Scharmann said the area is owned by the Bureau of Land Management,andis open for -ATV riding,but there are manyunmarked shafts. Two years ago, he said, a truck was driveninto a shaft causing injury to two men in the cab. Threats Foreshadowed Shooting of Couple, Suicide Killer shoots self Saturday after chase. Fatherof ex-girlfriend slain Friday, mother wounded. BY BOBMIMS the jaw. Michelle Reilly, 31, told investigators THE SALT LAKE TRIBUNE that when she came homeabout8 p.m. and After killing his ex-girifriend’s father walked to the front door of the house at 2947 E. Lake Mary Drive (7950 South) she shared with herparents, her fathertried to and shooting her mother, police say Michael C. VanGervan, 40, shot himself following a high-speed chase downInterstate 215 on Saturday night. He died at the warn heroff. “Her father opened the door and told scene. VanGervanhijacked a Lincoln Continen- her to run,”said sheriff's Det. Mark Chidester. “But she wasn’t able to because VanGervan wasatthe top ofthe stairs with tal from a Salt Lake County resident, later freeing him, then sped south upInterstate 215 where his vehicle flipped over the me- a guntrained on Michelle.” Michelle Reilly told deputies that she dian into the northboundlanes. and VanGervan then argued in a bedroom and he became enraged, damaging a door before forcing her and her parents into the living room. There, he ordered her to bind her par- Salt Lake police say VanGervan shotat them before taking his own life. He was deadbefore the ambulancearrived. VanGervan’s death hasn't ended Michelle Reilly’s nightmare. In a flurry of increasingly angry telephonecalls, Michael C. VanGervan had warned Reilly that he would find a way io make her share the pain he was feeling over their breakup. ents’ hands. “At some point [Michelle] attacked him. kicking him in the groin several times and running from the home,” Chidester said. With VanGervan in pursuit, Michelle ran throughthe snow to a neighbor’s house two Authorities say that on Friday night he oO NO NUISANCE A claim that the Army’s chemieal-weapons incinerator presents a “nuisance” to people living nearby was rejected last week by U.S. District Court Judge Tena Campbell. Thatclaim wasoneofseveralfiled by three groups seeking to shut down theincinerator becauseofal- leged health and safety concerns. The groups are: Chemical Weapons Working Group, the Sierra Club andthe Vietnam Veterans of America Foundation. In an order issued Wednesday, Campbell said the groups “offer no evidencethat {air] emissions have affected their land or health in anyidentifiable way.” Trial has been scheduled for June on the group's remaining claims. These include concerns about plant safety and the Army’s alleged failure to comply with federal environmentalrules. a made good on the threats, killing his exgirlfriend’s father, 59-year-old John Francis Reilly, with two bullets to the head and leaving her mother, Renee Reilly, also 59, fighting for her life with a gunshot through BYSTEPHEN HUNT A Salt Lake City man whoparticipated in the gang rapeof a 15year-old girl went to prison Friday for up to 5 years. Mario Sabastian Preda, 21, claims he had consensualsex with the victim, then went outside to smoke a cigarette while three boys raped,beat and stabbed the girl. But 3rd District Judge J. Dennis Frederick said Preda’s storyis pay $1,000 each to two signature gatherers chargedwith trespassing “IT am not persuaded you had consensual sex with this girl and that was that,” Frederick said. “You need to be placedina facility to think about what you've able to circulate petitions at the done.” a booth, said their attorney, Brian Preda was initially charged with two counts of first-degree felony aggravated sexual abuse. He pleaded guilty to the lesser crime of third-degree felony un- Barnard. When the men declined to leave, they were cited by Murray pe The charges were later ropped and the mensued, alleging their First Amendmentrights had been violated. To settle the lawsuit, the countyagreed to draft rules covering signature gatherers for the new fair site in Riverton, and pay $7,800 in court costs, Barnard said. Similar litigation against the Utah State Fair is pending. West Valley Man Is Shot to Death by an unknownassailant Viengsay Boudsady was walking in front of the Royal Swan restaurant, 1774 W. 3500 South, at about 10:40 p.m. when restaurant work- ers said they heard twoshots. ‘They immediately called police, who found Boudsadylying on the sidewalk, said West Valley police Sgt. Mike Wells. Wells said police questioned the man about what happened, but he refused to an- ewer. Boudsady died at 11:15 p.m. at University Hospital. “We have someleads,” Wells said. “But he didn’t say anything.” » ‘TheRoyal Reilly was dead at the scene. Renee Reilly — foundtryingto use the telephonetocall police — wasinitially listed in critical condition at LDS Hospital, but had been upgraded to serious-to-critical condition on Saturday night. Michelle’s grandmothers, whose names were not released, apparently were else- than she could know,’” Chidester said, adding that ings and werenot harmed, Chidestersaid. VanGervanis no strangerto police, having servedtime in the Salt Lake County Jail for misdemeanor offenses ranging from drunken driving, drug possession and retail theft to check fraud, Pottersaid. “He has quite a few priors, but nothing like this,” Salt Lake County Sheriff's Sgt. investigators Michael VanGervan of her. She and VanGervan haddated for about a year. Around Christmas she tried to van’s plan to shoot Michelle’s parents in front break up with him. “She said he wasn’t able to deal with it atall,” Chidester said. Thecalls began almost immediately. “{Michelle] had a running log of harassing telephonecalls that had gone on since late December, four andfive calls a day. Shefiled at least two reports with our of- fice that I know of,” Chidester said. Pottersaid sheriff's records indicate that a deputy had talked with VanGervan at Jim Potter said. least once, warning him to stop. VanGervan had been harassing Michelle Reilly for about a month, with threats becoming increasingly violent. The last call came two days before the shootings, Chi- She sought a protective order under spouse-abuse provisions but was denied, lawful sexual intercourse with a minor. The three juveniles — ages 16 a facility to think about what you've done.” J. Dennis Frederick Third District judge, to defendant convicted in a sexual assault Ea and 17 — pleadedguiltyto rape in 3rd District Juvenile Court and were committed to the Decker Lakeyouthprison. Plea-bargain deals were cut after the victim testified at a preliminary hearing and decided she could notrelive the experienceat fourtrials. The crimes occurred the night of Feb. 25, after the girl met 17year-old James Douglas Lucero Jr. at a West Valley City party. Returning to Lucero’s Salt Lake apartment, the couple had sex, then Lucero went to another room to play video games. As the girl was dressing, Preda and the three juveniles — whom Lucerohadinvited over for sex — apparently because she and VanGervan had neverlived together, Chidester said. burst into the bedroom andattacked her. Thevictim was raped seven times by the four males, who used plastic grocery bags in lieu of condoms, shetestified at a preliminary hearing. When Lucero told the rapists the girl had a venereal disease, they returned to the bedroom to call her names and beather. One juvenile stabbedherin the shoulder and another sexually attacked herwith bottle. Lucerolater refusedto take the girl home. The victim telephoneda friend, 16-year-old Bethany Hyde. Hyde attempted to heip, but was unable to locate Lucero’s residence, said prosecutor James Cope. The next morning, the girl’s uncle came and got her. Hydewasfatally shot on Novy. 2 as shesat in a car at a West Valley City stoplight. Threeto five males locations in the Willamette, Mount Hood and Deschutesnationalforests could force federal Officials to further restrict logging, road building and other activities if the lynx is put on the nation’s list of endangered species later this year. The U.S. Fish and Wildlife Service has proposedlisting the lynx and is trying to deter- mineits range. The Oregon Cascades may be now addedto the map, said Ken Byford, wildlife biologist for the Willamette National For. est “Lynx are highly sensitive to disturbance. Their rediscovery is highly significant and requires that we do everything we can to protect our last remaining wild forests,” said Ken Rait of the Oregon Natural Resources Council. Rait was the former issues coordinator and Idaho Fish and GameDirector Steve Mealey rejected a proposal to reintroduce the lynx in northern Idaho because he feared lynx protection would dilute state control over hunting and trapping. Until surveys in August, researchers weren't sure whether there were lynx in the Oregon Cascades, Byford said. The Fish and Wildlife Service had believed that the only onesleft were in Maine, Montana, Washington and possibly Minnesota. But last summer, biologists tacked up carpet remnants on trees or logs high in the Cascades, then sprayed a chemical attractant on or near the carpet. The lynx would rub against the carpet, which had small nails sticking out to catch the cats’ fur The carpet remnants were sent to a lab, whichtested the hair. Sure enough. Lynx The cat is so elusive that biologists never ‘THE ASSOCIATED PRESS David Fink, the 2-year-old allegedly kidnappedby his parents from a Salt Lake City hospital and taken to Montana,still suffers de- And in an unrelated incident, The child was 21 months old Lucero waskilled Sept. 14, 1998, whena Jeep in which he wasrid- when his parents, Christopher ing rolledin Salt Lake County. velopmental setbacks caused by malnutrition, but is improving while in state custody. and Kyndra Fink, allegedly kidmapped him from Primary Chil- On Friday, Preda told Frederick: “I'm not a violent person; I’m not a dangerous person.” The defendant claimed he erred only by associating with the juveniles, whom hehad just met, and by having sex with the girl without knowing her age. Defense attorney Richard Uday noted that if Preda were 9 months younger, the crime to which he pleaded guilty would have been a class B misdemeanor. Sexual intercourse with a minoris a misdemeanorif the defendant is less than four yearsolderthan the minor, according to Utah law. dren’s Medical Center, where he wasbeing treated for severe malnutrition. Thelatest assessmentbya Division of Child and Family Services employeereports that David Fink continues to grow and develop, and he appears to be happy. Just three months ago, authorities feared he might not makeit to his second birthday. “He's progressingin all areas,” said DCFS employee Anna Trupp. “He is showing improvement,” she said. “We are ensuring that we get services in to aid him in catching up developmentally.” Concerned relatives had admitted David to the hospitalfive days before the Sept. 19 abduction. The child weighed 16 pounds, a pound less than the average 6month-old boy. The Finks allegedly fled the Ex-Utah green group spokesman says Forest Service muststop cutting timber in wild areasto protectcat spokesman for the Southern Utah Wilderness Alliance.“The Forest Service must stop all cutting in wild areas now.” Malnourished Boy Still Suffering Developmentally pulled up in another car and one of themfiredsix shots into Hyde’s vehicle. Hyde’s murder remains unsolved, but police say thereis no connection to the gang rape. Missing Lynx No Longer Missing in the Oregon Cascades EUGENE, Ore. — Federal biologists say there is evidence that the lynx, a rare cat believed extinct in western Oregon, is living in the Oregon Cascades. The rediscovery of the Canada lynx at five be- lieved it was VanGer- = wherein the homeatthetimeofthe shoot- “Tam not persuaded you had consensual sex with this girl and that was that. You need to be placed in THE ASSOCIATED PRESS A 24-year-old West Valley man died Friday night after being shot lying in a breezeway connecting the living room and dining area of their home. John Three juveniles were previously convicted fortheir parts in the crime. Victim wanted to avoid public trial “too incredible to believe.” fair, then weretold byofficials of the fair they would haveto pay for near 5300 South. Chidester said deputies found the Reillys dester said. “Part of his complaint over the past month was he was ‘hurting more Man Sentenced to Prison for Role in Gang Rape of Teen FAIR SUIT SETTLED Salt Lake County has agreed to at the county fair in August. John Slevin and John Guido claimed they werefirst told they would be doors awayto call 911. It was 8:15 p.m., the last time she saw VanGervan. Chidester said VanGervan returned to the Reilly hore, where the parents were shot moments later. The suspect fled the scene, and his 1987 gray Oldsmobile sedan was later found by deputies abandoned and out of gas five miles away on Interstate 15 saw onein the wild, Byford said. The last confirmed sighting in western Oregon was about 25 years ago in the Corvallis area. There have beenatleast three sightings in eastern Oregonsince 1990. Environmentalists said the rediscovery of the Canada lynx strengthenstheir case that logging, road building, snowmobiling should be further curtailed in the national forests of the Cascades. state with the child and were foundtwo weeks later in the Montana wilderness. The Finks, both 23, are awaiting trial for child abuse and kidnapping David from state custody, as well as assaulting a nurse whotried to stop them from taking the child. would have to consult with the Fish and Wild- Aninitial FBI report said the Finks restricted their firstborn’s diet to watermelonandlettuce because they believed he was the before logging or conducting any other activi- be kept pure. Christopher Fink Byford said if the lynx is protected under the Endangered Species Act federal agencies life Service and potentially get its approval ties within the lynx’s range. “Christ child” whose body must has denied those allegations. “It would be muchlike what we nowhaveto David and his 3-month-old do with the spotted owl,” Byford said brother Elijah, who was born The lynx is a medium-sized cat that has impressive adaptations for maneuvering through deep winter snow, with long legs and big feet. They are threatened by bobcats and coyotes, and generally live above 4,000 feet abovesealevel. while the family allegedly hid from authorities in Montana, are in foster care. Elijah is develop- ing normally and never had any physical complications, said Trupp. Swan was closed when Boudsady was shot, and an employee said workers did not knowthe man Parents Die in Sardine Canyon Crash BY KELLY KENNEDY ‘THESALT LAKE TRIBUNE driver's side. A third vehicle hit the second car, and debris from thefirst car hit a fourth car ‘Two babies lost their parents at about 5 p.m. Saturday after snowy weather and unsafe speed caused a double-fatal accident in Sardine Canyon south of Logan. Shannon Camacho, 24, and his wife Angela Camacho, 25, were killed when their vehicle, which was traveling too fast for condi- tions, lost control and spun into thepath of a second vehicle. ‘The second vehicle hit the Ca- macho's car broadside on the The Camachos were pro- nounced deadat the scene. Their children were taken to hospitals with injuries. Braden Camacho, 2 months, was treated at Brigham City Community Hospital and released to family members. Aloni Camacho, 1, was taken to the Brigham Hospital and transferred to Primary Children's Hospital in Salt Lake City with head injuries. No one else wasseriously injured. LOTTERY Thewinning numbers drawn Saturday night in Idaho's Powerball lottery worth $12 million were3, 19, 26, 30 and 49. POWERBALL: 31 S 9 0 ‘The winning numbers in Idaho, Montana, South Dakota and Nebraska’s Wild Card lottery worth $1,189,000 were8, 17, 20, 21 29 and 34. Ie Do You Have Chronic Bronchitis?? Are you currently experiencing at least two of the following symptoms: That's the new rate for Salt Lake City Credit Union's * Increased Cough ¢ Increased Shortness of Breath * Increased sputum production (phlegm) when combined with an active checking account. 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