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Show D3 ___The Salt LakeTribune UTAHFriday, December29, 1995 UTAH QuakePrecautions Put Squeeze on Scofield Reservoir DATELINE Officials Forced Into Guessing on OGDEN Water Releases By Mike Gorrell PROVO THE SALT LAKE TRIBUNE The people who supply waterto Carbon Countyresidents will try even harder than usual this year ST. GEORG! A ‘TRIBUNE AND AP REPORTS Tribune Regional Desk: 237-2053 Ogden Police Officer Wins DARE Award OGDEN — Ogden police Officer Ross Miller, who takes students to the symphony andparticipates with them in the March of Dimes walk-a-thon, has been named Officer of the Year for 1995 of an antidrug campaign taught in schools. The Drug Abuse Resistance Education program, known as DARE, was started eight years agoin the state’s schools. It is sponsered by the Utah Council on Crime Prevention and 188 Utahofficers participate. Miller, 45, has worked in the DAREprogram forfive of his 22 years with the Ogden department. Hereceived a plaque and $50 Wednesday in a ceremony at the state Capitol. Alongwith three otherofficers, Miller works with children in Ogden’s elementary schools, teach- ing the hazards of drugs. “I measure my success in putting over the anti-drug message in how the kids feel about me,” said Miller on Thursday. “If they're friendly with me, they like police andare notnearlyaslikely to get involved with the drug scene.” Ogden Police Chief, Jon Greiner, said caring is Miller's best quality. “He cares about leading by example within a community and with the students he serves,” Greinersaid. — Tom Quinn U.S. Budget Woes Halt Rail Festival OGDEN — Theongoingfederal budget shutdownhasderailed the eighth annual Railroader’s Festival and Winter Steam Demonstration at the Golden Spike National Historic Site. Thefestival, scheduled to begin today, has been canceled and tentatively rescheduled to Jan. 5-7 because the historical site does not have the funding to stay open, said chief engineer Bob Dowty. The festival is to feature appearancesby a replica ofthe original Union Pacific steam locomotive No, 119 that was present for the completion of the transcontinentalrailroad on May 10, 1869. — The Associated Press to ensure that not a single drop released from Scofield Reservoir is wasted. Thatis because the U.S. Bureau of Reclamation is restricting the maximum amount of water that can be stored behind Scofield’s dam while workis done to makeit less vulnerable to an earthquake. Consequently, an area that frequently gets by with limited water will have to be more watchful. What's more, suppliers could end upin a pickle if dry weather persists and they cannotfill the reservoir to the level allowed by the bureau because they werere- PROVO — An Orem man who pleaded guilty to burning his roommate to death has been sent to prison, despite pleas from his attorney for treatment at the Utah State Hospital. Fourth District Judge Lynn W. Davis agreed Scott Austin Causey, 23, suffers from mentalillness. But the judge said society would be best protected if Causey is in prison while receiving treatment. In May, Causey pleaded guilty but mentally ill to killing Glen Cowdenon Sept. 5, 1994. Following an argument at Cowden’s ing if a major earthquake hits the region. A dam failure would release a flood into the Price River, which flows through a steep canyon past Palmer's treatment plant before spreading out across the flatlands aroundPriceCity Construction is expected to be- ing in early spring and should be Deputy’s Own Video Shows Car Search Not Warranted; Case Likely to Be Dropped By Brian Maffly THE SALT LAKE TRIBUNE Earl O. Morris may have been speeding, but he did not haveto allow a Sevier County Sheriff's deputy to search his rented Cadillac during an October 1994 traffic stop onInterstate 70. Deputy Phil Barney found 92 poundsof cocaine stashedin the trunk of the Los Angeles man’s car, But the drug-trafficking case against Morris, 67, likely will fail after a federal judge ruled Tuesday that the dope was discovered during an illegal search. Because Barneyhad no reasonable suspicion Morris was breaking the law, U.S. District Judge Bruce Jenkins said the deputy could not legally detain Morris beyond citing him for going 70 mph. Barneyis a 27-year patrol veteran with a During the I-70 stop, Barney queried Morris about his destination and his car, which had been rented in Atlanta. Morris madeno remarksthat would prompta reasonableofficer to becomesuspicious, Jenkins wrote. Barney claimed he was not detaining Morris when he popped the question: Was he hauling “any drugs or anything?” When Morris said no, Barney handed back the defendant's driver license and rental agreement — but continued to squat beside the Cadillac. ‘Mind if I looked?” Barney asked. “Nope.” Barneyopened the trunk and discovered the cocaine packagedin 42 kilo bagsin four suitcases. Jenkins held that Barneyillegally detained Morris, even though the deputy claimed the motorist was free to leave. “The video showed Barneywith his back to the travel lane and his hand onthe car,” defense attorney Fred Metossaid. “I don't know too many people who would drive off in those kinds of circumstances.” Assistant U.S. Attorney David Schwendi- knack for busting drug runners whotravel man declined comment on the ruling, but a Sevier County stretch of I-70 dubbed “Cocaine Lane.” He was thefirst Utah patrol officer to videotape traffic stops to defend himself when defendants allegeillegal searches. His video recordings, however, are now said officers learn from court defeats to improvetheir drug-interdiction tactics Sevier County Attorney Don Brown, who has prosecuted many of Barney’s arrests in being used to win suppression rulings. The Morris caseis the latest in a handful of Barney stops in which judges cite video recordings to determine the deputy violated a motorist’s Fourth Amendmentprotec- state court, says recent suppression rulings are harmingefforts to intercept drugs “I’m not offended if a trooper or deputy sheriff walks up to car and asks if they mindif he searches,” Brownsaid. “If someone carrying cocaine wants to say, ‘Go ahead anddoit,’ I'm notoffended. It’s frus- we haveto be equally concerned. Sampinossaid. “We want to make SUR s caCulms The U.S. Bureau of Reclamation sure we do what they want Even so, the seismic upgrade does causea little heartburn for Carbon water suppliers. After yearsof lean supplies and is limiting the amount of water that can be stored in Scofield Reservoir during 1996 to improve the seismic stability of the dam summer wateringrestrictions, the winter of 1994-95 finally replen ished Scofield’s storage. But with this work looming, the bureau and water district had to keep letting waterout of the dam this fall and winter when it otherwise would have kept it in storage for next summer's inevitable dry spell Palmerfigures the next couple of months“will be tricky. regulat- Et ing the reservoir to not exceed the limit I just hope they can keep as much water aspossible as long as possible.” —=an Steve Baker Salt Lake Tribune finished by next December, Barrett said. “Obviously they're concerned about the safety of the dam and tion against unreasonable searches. “Ws frustrating for law enforcement when ‘Pardon me He also is concerned that Carbon County residents could end up as unintended victims of the budgetbattle in Washington, D.C “It would be a disaster to find the moneyhasn't been appropriated when we've drained thereservoir to make the repairs.’ Ogden Woman Is Found Dead By Tom Quinn ma’‘am, are you carrying cocaine?’ can’t be asked.”? SPECIAL TO THE TRIBUNE OGDEN — The body of a woman was found early Thursday outside DON BROWN Sevier County Attorney her apartment house, appa: ly the victim of a beating with a lantern- style flashlight Rebecca Vargas, 27, was discov trating for law enforcement when ‘Pardon ered by her sister, Melinda McClain, Morris’ Jan. 30 trial, leaving the case virtually impossible to win. Prosecutors have 30 days to appealthe decision to the 10th U.S Circuit Court of Appeals, but they may de- at about 6:30 a.m. Vargas was lying on her coat in a pile of blood-spattered leaves on the east side of the three-unit apartment house at 968 Capital St. She had been dead for several hours. Found near the body was a heavy lantern bearing traces of hair and cide to simply dismiss the case. blood me ma’am, are youcarrying cocaine?’ can’t be asked.” TheMorris ruling bars prosecutors from using the cocaine and other evidence at If convicted, a defendant would face a mandatory-minimum10-year prison term, withno possibility of parole. Metos alleged Barney has ahistory of targeting minorities for stops on minor traffic offenses. In courtfilings, he argued the deputy “profiled” Morris, who is black, as a drug runner and invented a “pretext” to pull him over Jenkins rejectedthis claim, pointing out that Morris was traveling 5 mph over the speed limit. A recent 10th Circuit ruling held anytraffic violation, no matter how slight, is legal groundsfor a stop “If you commit anyviolations on the road, a cop should beable to stop you,” Schwendimansaid Ogden police Lt. Charles Combe said investigators will not knowuntil today after an autopsy bythe Medical Examiner's Office is completed whether the woman was beaten or froze to death after being beaten un conscious. Vargas was fully clothed but her shirt and bra were pulled up expos: ing her breasts, according to Officer Jeff Cottam, the first to arrive at the scene Investigators said Thursday night they have a leadin the case, but declinedto give details. One Suspect Still Missing In Reservation Slaying By Brian Maffly Th has jurisdiction over violent LT LAKE TRIBUNE Curtis Benally of Cortez, Colo,, remains a fugitive suspect in a Dec. 15 slaying in San Juan CounBenally and Dennis Hatatley, both 33, beat Kee Smith to death near the Utah town of Montezuma Creek on the Navajo Indian Reservation, according to tribal police. The body of Smith, a 36-year- old Kirtland, N.M., man, was discovered the morning of Dec. 16 in a nearby wash beside Desert Creek Road, said Inspector LeRoy Deale of the Navajo Department of Law Enforcement. Benally and Hatatley, both members of the Navajo tribe, were identified as prime suspects after FBI agents andtribalofficers questioned reservationresidents. The suspects wereindicted for murder Dec. 21 in Salt Lake City’s U.S. District Court, which crimes committed on reservations. Smith, a Navajo wholived in a town near Farmington, N.M., was at a party about five miles south of Montezuma Creek when he was beaten,police say. “They gotinto a fight and they got the best of him," Deale said. “We'restill trying to figure it all out. It appears liquor was involved.” Deale did not know what sparked the fight. Police say the victim was taken to a nearby wash, where the beating continued and hewasleft to die. Assistant U.S. Attorney David Schwendiman and FBI agents declined to divulge any information about the killing. Hatatley, who lives in the San Juan County town of Ismay, pleaded not guilty Friday. He is being held without bail awaiting a Feb. 21 trial. Orem home, Causey doused Cow- den and the home with gasoline and ignited the liquid. Davis ordered Causey to serve two consecutive prison termsof 5 yearsto life on charges of murder and aggravated arson, both first- voir storage this year to 45,723 acre-feet of water, about 20,000 acre-feet less than Scofield held last summer after an especially good runoff — the best since the mid-1980s. One acre-foot is enough water to supply a family of four for a year, although much of Seofield's water goes to agriculture. “Reclamation has concluded that until the dam is modified to bring it up to current standards for seismic safety, that is all the water that can besafely stored.” said Bruce Barrett, manager of the bureau's projects office in Provo. Structural modifications will be made to the dam's earthen foundation to prevent it from liquefy- Judge Says 92 Poundsof CocaineIllegally Seized ty. Killer Who Burned Man Sent to Prison leasing waterallfall and winter in anticipation of the spring runoff. “It's going to be a crazy guessing game,” said Phillip Palmer, general managerofthe Price River Water Improvement District, whichtreats water released from Scofield before delivering it to most Carbon County residentsliving outside of Price and Helper. The bureau and the Carbon Water Conservancy District, which operates the dam, aretrying to improve their odds of guessing right through careful monitoring of the snowpack that eventually will build above Scofield on the Wasatch Plateau. “We want to makesure thatif and whenit does snowwecan regulate releases to make sure they are in tune with what the bureau wants,” said Carbon Water Improvement District board member Nick Sampinos. “We wantto cooperate to the fullest extent possible to get the dam repaired as quickly as possible and restored to full storage capacity.” The bureauis restricting reser- S.L. County Deputies Want Help in Catching Molester SPECTACULAR SAVINGS ON apetaveale TREES & LIGHTS, ZS,NUTCRACKE TABLEWARE, NUTCRACKERS, WREATHS, GARLANDS, ORNAMENTS, degree felonies. Causey must also pay more than $174,000 in restitution. — The Associated Press Panel Gets Extension To Review Allegations ST. GEORGE — The Forest Service has ordered a one-month extension of a deadline for a reviewofallegations that Dixie National Forest workers falsified rangeland data Forest officials had set Dec. 22 as the deadline for the panel to finish its review before the 42 percent livestock grazing cut on southern Utah's Boulder Mountain area goes forward. The study grew out of allegations by ranch- ers that forest workers had falsified datato justify the reductions. Dixie supervisor High Thompson said the one-month extension came from the Forest Service's Ogdenoffice. “] knowthat panelisn’t going to find any falsification of data,” Thompsonsaid. — The Associated Press ByVince Horiuchi THE SALT LAKE TRIBUNE Salt Lake County sheriff's deputies are asking for help in find- ing a molester whoattacked 10 women and girls earlier this month On Dee. 11 and 12, the man groped victims during seven separate attacks in the county, said Salt Lake County sheriff's Det Reed Parkin. Police haveidentified lewdness cases in other areas that may involve the same suspect, Parkin said. “But there’s nothing concrete.” Investigators haveset up a hot line for people with information on the case. The number is 801573-5548 and will be operating for several weeks. The investigation is ‘not at a stop, but the leads we havegotten to date have not been producing eeeoe ‘It’s time to broaden that a b: The fiat report of an attack came from a 16-year-old Kearns High student who told investigators a man tried to grab her. Reports were made by other girls, ranging in age from 8 to 16, who were walking to Kearns Junior High, West Kearns Elementary and David Gourley Elemen: schools. Three of the victims were adults. In each attack, the suspect ran to the victim, groped her and fled. The suspect is described as a maninhis late teens or early 20s, about 5-feet-8, slender, with medium-length, dark, wavy hair. He also had mild acne and woreeither a brimmed fishing hat or a hat with ear flaps. Victims also identified a truck he mayhave beendriving: Anold- er-model, smaller red pickup with no shell, possibly a Toyota model Whenyou're donereading it, recycleit. ALL SALES FINAL / NO LAYWAYS / NO HOLDS--NO RETURNS LLADRO, DEPT. 56 VILLAGES, AND FIXTURES ARE NOTON SALE SALE STARTS TUESDAY DECEMBER 26TH! yy IRRESISTIBLE rNSLECTONAT PRICES! Modern Display 424 South 700 East / 355-7427 / Mon. - Sat. 9-6 Z |
