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Show Wl agup I Here's a good rule 9407 ... , : ofthumb: Too clever is dumb. -- Ogden .i.ui.w,a'w Sash Uintah Basin 50C It's an emergency! Imagine fielding 2X731 telephone calls a month, some of which involve Ufa and death situations where your quick and calm response is critical -- See page 2 Tuesday September 12, 2000 Roosevelt, Utah Vot. 87, Number 37 www.ubstandard.com ISSUING HUNTING PERMITS Appeals Court upholds drug ruling Timpanogos Tribes' claim denied by state officials The Iff U.S. Circuit Court of Appeals has ruled that federal Drug Enforcement Administration agent hadthe right to conduct a warrant n less search of a on its to a Myton way package drug-lade- By Leilee E. Whiting man. -- i Seepage 10 Communist Party member When passing people at church, in the grocery store, or walking down her neighborhood street. Thella Brock was worried that she might betray her thoughts and others would team other double Me. Don't miss part two of this story. -- Seepage 10 Union Homecoming The Union Cougars will host Wasatch this Friday after whipping the Ben Lomond Scots over the weekend. -Seepage 16 UNDERNEATH THE DAM - Duchesne County Water Conserv ancy District Board member Keith Mortensen (left). Water Conservancy District Manager Rand) Crozier (center) and an unidentified man talk as they tour the observation tunnel that runs the length of the Uppers ti Heater Dam. The Vernal Arei Chamber ofCommerce Water and PowcrCommittec members w ere led on a tour last week of various areas in the county to discuss pressing water-relate- d issues. DAYMAN O'DRISCOLL UPDATE The acting director for the State Department ofKaUml Resources say that a group of mixed blood Indians who claim membership in the Timpanogos Tribe,Snake Band of the Shoshone Indians of Utah Territory, have no legal right to issue their own permits to hunt elk and deer on eastern Utahs Ute Indian Reservation. Baaed on available information and law, Kevin Conway said the Division has found that "theTimpanogos Tribe has neither treaty, aboriginal, nor any other federally recognized hunting right on the Uintah Valley Reservation According to Conway, the Division of Wildlife Resources will pursue criminal prosecution against anyone, including Timpanogos Tribe members, found hunting without a valid state or Ute Tribe permit on non-tru- st lands located within the exterior boundary of the reservation in Duchesne and west Uintah counties. Last month, Timpanogos Tribe Executive Director, Mzuy Meyers sent the letter informing government feeders of the tribe's decision to issue hunting licenses to their members to the DWR's Salt Lake office and Gov. Mike Leavitt. In it she said the correspondence would serve "as official notice to your department that members of the Timpanogoe Tribe will be carryingTimpanopx subsistence permits lor the taking of elk and deer. Timpanogoe members are identifiable by their tribal ID which aleo serves as their camping and fishing permits," the fetter stated. Meyers said the letter was sent so there would be no confusion as to who members of the Timpanogos Tribe spa." adding that "vntn this informa-t- x any confusions which may have existed in the past should now be alleviated and put to rest. Membersoflhe Timpanogos Tribe maintain they are the group whom Abraham Lincoln referred when he By Cheryl Mecham It's only been two months since William and Lisa ODriscoll brought son Dayman home their bom a hospital star. The toddler was the happy, blond-hairevictim of a near drowning incident last June in an irrigation canal near his home. The good news is that the youngsters' progress continues to stun doctors, who warned the ODriscolls that there may be no further improvement. The first few days Dayman was at Primary Childrens Medical Center, physicians warned his parents that their son's condition was so poor they should prepare themselves for the eventuality of his death. If he did survive, they felt his lungs were so damaged bom inhaling the muddy ditch water that Dayman would be going home with a permanent trachea attached to a ventilator. Neither prediction came true, and Dayman continues to surprise doctors with his dramatic recovery. Just over the past few weeks he has gained the strength and coordination to hold his bead up, visually track activity, and use his hands and arms. He is also striving to communicate verbally, and laughs a lot. especially when someone does something silly, said his mother. Dayman's physic urns couldnt predict how much progma he would make when they sent him home July 6th, d six-wee- k d Physicians warned his parents that their sons condition was so poor they should prepare themselves for the eventuality of his death. Lisa reported, adding, "They didnt think his was going to do much more than he could do at that time. He made little movement, there was no tracking with his eyes, but now he watches TV with his brothers. His speech therapist set goals for the next six months that Dayman accomplished in two weeks." Dayman's physical therapist and at Primary surgeon. Dr.Such-Neiba- r Children's, was also surprised, Lisa said. "They couldn't believe he was the same b ule boy. They said very few drowning victims tneyve seen have gone this far. They are just amazed. Though Dayman continues to suffer bom pneumonia (fluid in his lung I w hich has given him a nagging cough, he now coughs less than weeks ago and he ha become more adept at eating. He will continue to receive nourishment through a small tubs in his stomach until he is able to consume enough calorie orally. Lisa said. Doctor will replace the tube with a "button apparatus placed flush 3U BEST FINISH EVER Vernal fishermen 1st at Walleye Classic By Aldon Rachel Competitor from Utah, Wyoming. Colorado. Idaho and Montana took part, but the W alley ClassK champions are a couple ofguy from nearby Vernal, Dan Whit and Raymond Shifted with the runnerun.!). from Vernat, former Uintah High School iwtfer, Kenny Cobbs and Matt Harking Jerry Schligf of Salt Lake City hooked the biggest fish at 4 24 pound. C1k The W'alfey which was held at the Starvation Reservoir, is Copy a White and Shiflett posted a two-da- y fishing total of 34.13pounds. sponsored by the Duchesne County Area Chamber of Commerce and PuchesnrCity. Thirty twotramsrom-peted- . Whit and Shiflett patd a two-da- y fishing total of 34 lSrsHindaThey reefed in 17 94 pound. Saturday and 16.19, Sunday. Hacking and Cobh bad st issued an 1861 executive order declaring the land preserved for the Indians of the Utah Territory. Meyer said her people never surrendered their sovereignty. Last November, federal District Court Judge Bruce S. Jenkins ruled against the Timpanogoe Tribe after they attempted to join the Ute Indian Tribe in a nearly settled lawsuit. Jenkins ruled that the Timpanogoe Tribe ie not federally recognised, and before it could bring its claim in the federal courts, would have to exhaust the administrative procedure for becoming federally recognised. Attorneys for the Ute Tribe said they had never heard of the Timpanogoe Tribe until just shortly before the group fifed in U.S. District Court in Salt Lake to join their decades old lawsuit. At the time, tribal attorney Robert S. Thompson said claims being made by the Tun paoogos Tribe had "no basis in law or fact." Membenofthe Timpanogos Tribe are expected to obtain the proper hunting and fishingpermits just like everyone else, said DWR Northeastern Region Supervisor Walt Donaldson. "The Ute Tnbe and the Division of Wildlife Resources have a working agreement on bow hunting and fishingpermits are to be allocated among hunters. The DWR is committed to maintaining this agreement in full standing," Donaldson stated. Donaldson said he had spoken with Ute Tribe officials who also believe there is nothing that recognizes the Timpanogos Tnbe as an entity with any official standing. Ute Tnbe officials were not available for comment. TAKEOVER BY END OF JANUARY PSC Oks sale of US WEST territory By Leilee E. Whiting In accordance with Last week the Public Service Commission issued their eider granting the sale of US WEST Communication's rural Utah assets toaconsortium of telephone cooperatives. In Duchesne and Uintah counties that means that UBTA Commu--nkauon- a, a locally-ownetelephone .v. cooperative is one more step closer to ! providing service to approximately 15X100 US WEST customers in Vernal, Roosevelt, Duchesne. Ballard. Myton, Jensen, Naples. Gusher and i Fort Duchesne. 1 a or Anyone planning hunting With state approval now complete ' and I y fishing trip on the Uintah or Indian Reservation Ute in 4 Ouray i Basin needs to Uintah area the I approval One that process is comf double check to be sure they haw skin which the plete UBTA Communications and against Dayman d in hand. I ; a fe permit not be able to remove. During recovTteU-S- . Attorney's Office says f their subsidiary, UBET Telecom soil have the regulatory clearance to begin ery Dayman will receive oxygen while ' a private organization calling it-- 1 his lungs heal, and he will undergo self the Timpanogos Snake Band ? providing services in the acquired US i daily physical therapy to keep underofShoshone Indians of UlahTer- - 5 WEST exchangee. used muscle and joint phabfe. It's estimated the takeover by i ritory appears to be issuing docu- While Dayman's recovery ha been UBTAVBETTelecomvnU take place ments which the group is repre- dramatic and continual progress is by the end of January 2001. senting a hunting permito forth The proposed buyout was made expected, Lisa said that seeing him Reservation. Federal prosecutors ( pub he last October and involved six unable to walk and run and play is which this sgy organization may rural telephone companies in Utah difficult Watching old family videos is not us other similar names taken before the accident proved all I a legally or federally recognized seeking to purchase the US WEST loo painful last week. Indian tribe and does not have the j territory adjacent to the areas they But it is Dayman's laughter that authority to issue hunting per- - j UBTA Communicatioas has delightens everyone's spirits. mils. Permits issued by the group clined to release the amount they paid "He's laughing all the time, espeare not legal hunting permits. to tmy out the US WEST territory in cially when someone doe something Hunters seeking to hunt within silly. Sometimes I get so depressed. and Ouray Reserve- - 5 the two counties as part of their purUintah the Then I think. He's the one whos gone tion are required to have a hunting j chase agreement, but has gone on through this. Hes happy. Why permit flora the appropriate ju-- ; shouldn't 1 beT Weve just got to wait, nsdiction. Depending on when , 11 FELONY COUNTS be patient. He's doing so much now. someone hunU in the area, they He's our little angel, a miracle. need either a tribal permit issued a Today the O'Driscoll family has i by the Ute Tnbeor a state permit, j settled into regular family routine, or without a valid permit I as much of a routine as there can be, j Hunting can re ult in federal slate, or tnbal Lisa said, noting that the last few ; criminal charge. months have been difficult not only I To inquire about a legal per-- I for her and William, but for their mil, call the State of Utah Din- oldest son Cory who was just begin' sion ofWildlife Resources north- ning to get to know his newborn I region office at brother Mark when the accident oc- By Lezfee E. Whiting or the Ute Tnbal Fish and Wild- life Department at SEE O'DRISCOLL on pageS Convicted double-murderJohn tifcSvfr i 40.' Wfe R. Finder will be formally sentenced Wednesday in 4th District Court on 1 1 felony chargee, including twoceunts of aggravated murder, first degree felony. The sentence wont he a surprise la July a Wasatch County jury found Pinder guilty at charged in the death oftwo former employer Prosecutors did net seek the death penally in the case, but they did ask jurors to sentence Pinder to life in prison without the possibility of parol on the two murder conmrUHi Jurors opted fora life term with the possibility of parole. It will he up to 4th District Court Judge Lynn w. Dras to determine how long Pinder will be lot ked up for cun other felony count for which juror also found him guilty. Those charge include burglary of a residence, two counto of aggravated kidnaping. two counts of tampering with evidence, aggravated burglary, of an explosive dene and two counts ofdreecration of a dead human bodv. the trial was moved from Durhsn ON Till' MF.SD-- 1 ivsO'DrtvcolL Ballard, works with her ton Dayman to County toWasalchCounty due to pro-tncoordination with a rehabilitative toy provided by improve his publicity. I title Bloviom Lait June Dayman foil into an irrigation ditch near hh home Pinder has and neat!) drowned, today ha physicians are amazed with hts recovery. been held in the Summit and Wasatch Doctors amazed at young drowning victim's progress .'JW The DWR wilt pursue criminal action against anyone found hunting without a valid state or Ute lands. T ribe permit on non-tru- d Hunterswarned to check permits f gaily-issue- j PSC mandates, there will be a six month ... freeze on existing Extended Area Service agreements, rates and tariffs. record as saying that when they assume ownership they expect monthly rates for new customers to remain about the same a they are now. In accordance with PSC mandates, there will be a six month freer on existing ExlendedAmt Service agreements. rates and tariffs. Extended Area Seme agreements allow customers to call from one exchange to another within the UBT A service area toll-freAfter the frees is lifted. LBTAUBET Telecom will study expanding current Extended Aiwa Service boundaries to include newly acquired customers in the Roosevelt, e. vernal and Duchewne area. According to UBTA General Manager Bruce H.Todd. with the purchase customer in the three exchanges will have greater opportunities for services and features than ever before. "The purchase fils well into the companys strategic and business plans for the new millennium," said Todd. j Pinder sentencing set for Wednesday : 'OJUTO-W- ffjMk pos-erosi- cyc-han- d Jurors sentenced John Pinder to life in prison with parole fortwo murders. Now it's up to the judge to determine how long Pinder will be locked up for nine other felony counts. county jails for 22 months, ever since his November 1998 arrest for the Oct. 25, 1998. shootingdeaiheofhis former ranch-hand- , Rex K. Tanner, 46, and former secrotaiy June Flood. 59. Bail was initially set at SI million, but later dewed. After shooting the couple, Pinder FdomenoVaienchia- and ranch-han- d Ruix, took explosive from a cave on Pinder- JJNP ranch in southwest Duchesne County and blew up their bodies. Remain that were not completely destroyed in theexpfoeioa were either buned, burned, tossed into a nvrr or disposed of in dumpster in Idaho. It was on Halloween Day 1998 that the crime scene was uncovered Authorities did recover the head and Forty-tw-year-o!- d SEE SENTENCING on jwjeS |