Transcript
Page 1: Pardon Board Members Don’t Have To Testifytearsheets.yankton.net/november13/110713/110713_YKPD_A3.pdf · tions will resume one hour prior to the service at the church. The Opsahl-Kostel

Dorothy PoppeDorothy E. Poppe, 96, of

North Bend, OR, formerly ofBlue Springs, MO, passedaway Novem-ber 4, 2013.

She wasborn May 3,1917 in WhiteLake, SD toBert and Dora(DeJong) Van-DenBrand.Dorothy wasunited in mar-riage to LouisG. Poppe on September 3,1940 in Yankton, SD, and hepreceded her in death. Shegraduated from Sacred HeartSchool of Nursing in Yank-ton, SD and was Director ofNursing at Indian Hills Manorin Ogallala, NE. After retiring,she and Louis moved to BlueSprings Terrace, a commu-nity for retired UCC Minis-ters and spouses.

In addition to her hus-band Louis, she was pre-ceded in death by herparents; brothers, Harry Van-DenBrand, Louis VanDen-

Brand, and Bert VanDen-Brand; sister, Marie VanDen-Brand; and grandson, JasonPoppe.

Dorothy is survived byher sons, Roger Poppe andwife Lolly Smith of Tucson,AZ, and Bill Poppe and wifeJolene of North Bend, OR;daughters, Donna Poppe ofTacoma, WA, and Debi Poppeand husband Tim Dahl ofOregon City, OR; grandchil-dren, Eric and wife KathyPoppe of Klamath Falls, OR,Hannah and Emma Dahl ofOregon City, OR; great grand-children, Jordan andKennedy Poppe of KlamathFalls, OR.

Visitation for Dorothy willbe 5:00 to 7:00 p.m. Friday,November 8, 2013 at MeyersFuneral Chapel, 1600 W. MainSt., Blue Springs, MO, 816-229-3276.

Funeral services will be11:00 a.m. Saturday, Novem-ber 9, 2013 at All SaintsLutheran Church, 421 SW19th St., Blue Springs, MO.Burial will follow at BlueSprings Cemetery.

Contributions in memory

of Dorothy may be made toBlue Springs Terrace. Memo-ries of Dorothy and condo-lences for the family may beleft at www.meyersfuner-alchapel.com.

Yankton Press & Dakotan

November 7, 2013

Cecil HarringtonCecil E. Harrington, 83, of

Vermillion died Wednesday,Nov. 6, 2013 at Sanford HeartHospital, Sioux Falls.

Funeral arrangements arepending with Kober FuneralHome, Vermillion.

Elsie McCormick A Mass of Christian Burial

for Elsie McCormick, 92, ofVerdigre, Neb., is at 10:30a.m. Saturday, Nov. 9, 2013,at St. Wenceslaus CatholicChurch, Verdigre. The Rev.Kizito Okhouya will be Cele-brant, with burial in the St.Wenceslaus Catholic Ceme-tery, Verdigre.

Visitation is 5-7 p.m. Fri-day at Brockhaus FuneralHome in Verdigre, with a 7p.m. wake service.

Elsie died Tuesday, Nov.5, 2013, at Alpine Village ofVerdigre.

Thursday, 11.7.13ON THE WEB: www.yankton.net

NEWSROOM: [email protected] PRESS DAKOTAN P A G E 3

the midwest

O B I T UA R I E S

Save Up To $ 3550

with manufacturer’s rebates and utilities rebates

HEATING & COOLING 920 Broadway • 665-9461

Up To 5 Years Financing Available **

**Certain restrictions apply. With purchase of qualified air conditioner or heat pump system.

HURRY! Offer Ends Nov. 15th

23rd & Broadway

Tonight’s Special 5-9pm

All-You-Can-Eat

$ 1 0 95 RIBS

HOLIDAY GARBAGE & RECYCLING COLLECTION SCHEDULE

NO COLLECTION Monday, Nov. 11 th , 20 1 3

All Monday & Tuesday routes will be picked up on Tuesday, Nov. 12th.

All other routes as scheduled.

TRANSFER STATION WILL BE CLOSED MON., NOV. 11th, 2013 .

PLEASE HAVE YOUR GARBAGE & RECYCLABLES PLACED BY 7 A.M.

City offices will be closed Monday, Nov. 11th.

Private nonsectarian cemetery offering earth burial plots, mausoleum crypts

and niches.

W INTZ & R AY FUNERAL HOME and Cremation Service, Inc. 605-665-3644

W INTZ FUNERAL HOME INC.

Hartington, Coleridge, Crofton 402-254-6547 www.wintzrayfuneralhome.com

Poppe

Helen BecvarHelen Ann Becvar, age 84 of Tyndall

passed away on Monday, November 4,2013 at the Good Samaritan Society inWagner, SD.

Mass of Christian Burial will be at10:30 a.m. Friday, November 8, 2013 atSt. Leo's Catholic Church, Tyndall, SDwith Rev. Joe Forcelle celebrating andRev. Gerald Thury concelebrating.Burial will be in St. Leo's CatholicCemetery, Tyndall.

Visitations will begin at 5 p.m.Thursday, November 7, 2013 at thechurch with a 7 p.m. rosary. Visita-tions will resume one hour prior to theservice at the church.

The Opsahl-Kostel MemorialChapel, Tyndall, is in charge of thearrangements.

Pallbearers are: Mike Herout, JimHerout, Ty Becvar, Jake Becvar, JeffVan Gerpen, and Dennis Tycz.

Helen was born onJune 29, 1929 in Verdi-gre, NE to John andAnna (Ondracek) Her-out. She was united inmarriage to Daniel Bec-var on April 25, 1950 inVerdigre, NE and tothis union, four sonswere born: David,

Theodore (Ted), Thomas (Tom), andRobert (Bob). They lived on the familyfarm three miles south of Tyndall forfifty years. Together Daniel and Helenfarmed side by side, raising cattle,hogs, and chickens.

She was an active member of St.Leo’s Catholic Church, attended massdaily, and was involved with everyfacet of the church. She was a devoutCatholic who would go to greatlengths to serve her church whereverneeded and enjoyed taking commun-ion to parishioners who were unable

to attend Mass. She enjoyed her manyvisits at the café with her two coffeebuddies, Flo and Verneil.

She is survived by sons: David(Susan) Becvar of Wagner, SD, RobertBecvar of Goodland, KS, and ThomasBecvar of Tabor, SD; seven grandchil-dren and three great-grandchildren;brother, John (Barbara) Herout ofMesa, AZ; three nieces and twonephews.

She was preceded in death by herhusband, Daniel, her son, Ted, great-grandson, Mitchell Scheitler, her par-ents, and two brothers.

Yankton Press & Dakotan

November 7, 2013

Becvar

Online condolences at: www.opsahl-kostelfuneralhome.com

Vote On Spearfish Annexation SetSPEARFISH (AP) — The Spearfish City Council has

scheduled a special election Dec. 10 to determine the fateof a proposed annexation of land spanning more than asquare mile.

The annexation of 658 acres would increase the town’ssize by 6 percent and bring an estimated 1,635 new resi-dents to the community. But some residents in the annexa-tion area who don’t want to pay for city services submittedpetitions to force a public vote.

The Rapid City Journal reports that the City Councilcertified the petitions had the required 403 signatures andscheduled the vote for next month.

Omaha Woman Convicted In Gun CaseOMAHA, Neb. (AP) — An Omaha woman accused of

pulling a gun on a paramedic has been convicted.Twenty-four-year-old Justine Dubois made the pleas

Wednesday to charges of threats, theft and other crimes.Her sentencing is scheduled for January. Prosecutorsdropped other charges in exchange for Dubois’ pleas.

Dubois was arrested July 1, accused of driving a stolencar. Officers say she appeared to have a seizure in anOmaha police car. In an ambulance taking her to a hospital,she pulled a gun and started making threats. Police say twoshots were fired as Dubois and a paramedic struggled overthe gun. One shot hit Dubois in a leg. The other shotcaused minor wounds to the paramedic’s abdomen.

Dubois admitted the gun was in the waistband of herpants.

Neb. County Debates Officer Facial HairGRAND ISLAND, Neb. (AP) — Hall County supervisors

have decided to leave mustaches, beards, sideburns andother jailer grooming issues to the corrections boss.

The board on Tuesday considered a request to let correc-tions officers grow facial hair as part of a Christmasfundraiser for children at the Hope Harbor homeless shelter,The Grand Island Independent said. The Fraternal Order ofPolice Lodge No. 78 wants officers to pay $125 in a donationto grow mustaches, beards or sideburns.

The supervisors expressed some resistance to the idea.“This is so on the edge,” said board chairwoman Pam

Lancaster. “I do not like facial hair.”Corrections Director Fred Ruiz said he doesn’t like facial

hair on his officers either because he also prefers a profes-sional look.

“I don’t have a big issue with this ... other than it’s toolong,” said Supervisor Scott Arnold, referring to the pro-posed growing period of Nov. 8 through April 25.

Ruiz, who is on the shelter’s board of directors, agreedwith Arnold and said he didn’t want the fundraiser to lastlonger than 100 days.

Supervisor Dave Ziola said the cause was a good one. Heand Arnold said they were pleased that officers wanted toget involved in the community and help a nonprofit agency.

The board left the final details to Ruiz but asked him toshorten the proposed growing period to 100 days and to en-sure the beards, sideburns or mustaches were well groomed.

Man Sentenced For Dragging OfficerLINCOLN, Neb. (AP) — A Lincoln man who sped away

from an arresting officer, dragging the policeman, has beensentenced to time served and released.

The Lincoln Journal Star reports that 33-year-old JermaineDabney was sentenced Tuesday to a year in jail. Because hehad spent the last year in jail awaiting trial, he was released.

Prosecutor say Lincoln Police Officer Luke Bonkiewiczstopped Dabney’s vehicle last November and learned thatDabney was wanted on a warrant. When the officer orderedDabney out of his vehicle, Dabney refused, rolled up his win-dow on the officer’s arms and sped off, dragging Bonkiewicznearly 300 feet.

A Lancaster County jury found Dabney guilty in August ofoperating a motor vehicle to avoid arrest, but not guilty ofassaulting an officer.

Eagle Butte Man Indicted In ShootingPIERRE (AP) — An Eagle Butte man accused in the nonfa-

tal shooting of a Pierre police officer during a standoff hasbeen indicted on six felony counts.

Federal authorities say 27-year-old Jason Todd Garreauwas also present when another man was shot to death dur-ing a shootout near Fort Thompson following a vehiclechase.

KCCR-AM reports 24-year-old John Garreaux, of Dupree,was killed by law enforcement. But the FBI has not releaseddetails, including the relationship between the two men.

According to court documents, Garreau was indicted onfour counts of assaulting, resisting and impeding federal offi-cers and one count each of possession of a firearm during acrime of violence and felon in possession of a firearm.

He’s in the Pierre jail and expected to make an initial ap-pearance Friday.

Lead Residents Vote To Cut FundingLEAD (AP) — Residents of Lead have decided in a close

vote to cut city funding for the town’s only indoor recreationfacility.

The Black Hills Pioneer reports that the vote Tuesday was273-269 to cut city funding for the Handley Center.

Center Board President Ron Everett says 2014 funding hasalready been budgeted, so that gives the center a year to fig-ure out what to do.

Mayor Jerry Apa says the vote does not mean that the citywon’t work to fund recreation, both indoors and outdoors.

BY MARGERY A. BECKAssociated Press

OMAHA, Neb. (AP) — Members ofthe Nebraska Board of Pardons will nothave to explain why they pardoned sixpeople who were wrongfully convictedof a 1985 Beatrice murder, a judge hasruled.

The ex-prisoners, known as the Beat-rice Six, were convicted in the murderof 68-year-old Helen Wilson and spent acombined 87 years in prison beforethey were exonerated in 2008 after DNAtesting implicated another man.

The six subsequently sued GageCounty law enforcement, claiming offi-cials fabricated and coerced evidenceto get their convictions. Lawyers for theBeatrice Six argued that they neededthe testimony of the board — Gov. DaveHeineman, Secretary of State John Galeand Nebraska Attorney General JonBruning — to support their case.

But on Monday U.S. District Judge

Richard Kopf granted the PardonsBoard’s request to quash the bid tosubpoena them.

The Beatrice Six — James Dean,Kathleen Gonzalez, Debra Shelden, AdaJoAnn Taylor, Joseph White andThomas Winslow — were the first peo-ple in Nebraska to be exonerated in amurder case based on DNA evidence.They were cleared after a 2007 Ne-braska Supreme Court ruling allowednew DNA tests in old convictions.

Investigators originally described agruesome scene in which Wilson washeld down and raped in front of a groupof people. Her hands were bound, andshe died of suffocation. But after theDNA tests, officials said the crime wascommitted by one man, Bruce AllenSmith, who grew up in Beatrice, re-turned to town days before the slayingand then quickly went back to Okla-homa. He died of AIDS in 1992 at theage of 30.

An attorney with the Nebraska

Attorney General’s Office, which repre-sented the Pardons Board in the case,said forcing the board members to an-swer questions would require the dis-closure of privileged or protectedinformation and would subject them toan undue burden.

Attorneys for the Beatrice Six coun-tered that the Pardons Board doesn’thave legal immunity from participatingas witnesses in a lawsuit.

“Absolute immunity of quasi-judicialproceedings means only that the boardmembers cannot be sued for their ac-tions,” a brief for the six said. “It doesnot protect them from testifying aswitnesses.”

The judge did not comment in hisorder on why he rejected the subpoenarequest.

Neither the Attorney General’s Officenor attorneys for the Beatrice Six re-sponded to requests Wednesday forcomment on the judge’s order.

Trial in the lawsuits is set to beginJan. 6.

Nebraska

Pardon Board Members Don’t Have To Testify

DECATUR, Neb. (AP) —Traveling over the MissouriRiver at Decatur, Neb., shouldsoon be cheaper and a littlequicker.

The Sioux City Journal re-ports motorists will no longerhave to stop and pay a toll touse the bridge, which links Ne-braska and Iowa abouthalfway between Omaha andSioux City.

The change comes as theBurt County Bridge Commis-sion prepares to turn overownership of the bridge toIowa and Nebraska. An own-ership agreement is nearly fin-ished, and the change wouldtake effect next month.

Bridge manager Clark Becksaid it’s good news for De-catur residents who will nolonger have to pay the $1 tollto drive a car or pickup truckover the structure, whichmany residents use to reachOnawa, Iowa, seven miles tothe east.

“They’ll be glad they’ll beable to cross for nothing,”Beck said.

But he noted it also meansthe loss of more than a dozenpart-time toll-taking jobs.

The bridge opened in 1955,and motorists have paid a tollever since. The fees initiallypaid the bridge constructiondebt but more recently havegone toward maintenance.

Iowa and Nebraska stillmust give final approval to theownership change, but that’sexpected soon.

Tony Lazarowicz, an IowaDepartment of Transportationengineer, said the state Trans-portation Commission couldapprove an agreement as soonas next week. A transfer ofownership to the states isscheduled for Dec. 4, he said.

The states will share main-tenance costs, with Iowa pay-ing a higher share becausemore of the bridge is on theIowa side of the border.

Lazarowicz said at somepoint, the states will need todiscuss replacement plans.Those talks haven’t begun,other than that both stateswant to keep the bridge openduring eventual constructionof a replacement.

The current bridge shouldlast another 15 to 20 years, hesaid.

SIOUX FALLS (AP) —A Sioux Falls jury onWednesday convicted ahomeless man of murderin the death a campmatehe had known fordecades.

Eugene “Eddie” Mar-tin, 45, will be sentencedlater to a mandatory lifeprison sentence for theMay 3, 2012, death ofRobert Thunder Hawk.

Jurors got the caselate Tuesday and re-turned a verdict Wednes-day afternoon.

Prosecutors allegethat Martin killed Thun-der Hawk with a shovelfor insulting Martin’s girl-friend, after first beatingThunder Hawk. The menhad apparently beendrinking.

“He realizes (ThunderHawk) is gurgling, chok-ing on his own blood, andhe picks up the shoveland kills him,” Min-nehaha County DeputyState’s Attorney CrystalJohnson said of Martinduring her closing argu-ment to the jury.

Johnson said Martintestified that he didn’tsee what happened buthis lawyer argued thatanother campmate, ClintCottonwood, deliveredthe fatal blows after Mar-tin had left the camp tobuy more beer.

Cottonwood pleadedguilty to manslaughter inJune for his role in Thun-der Hawk’s death. Hisplea agreement withprosecutors caps hisprison time at 25 yearswhen he’s sentencedDec. 23.

Defense attorney MikeMiller showed jurors pho-tos of the two defen-dants’ hands after theirarrests; Cottonwood’swere clean but Martin’swere dirty.

“Look how clean hishands are for beinghomeless and living inthe woods,” Miller said.“These look like thehands of somebodywho’s cleaned himselfup. He cleaned away anyevidence.”

Homeless Man ConvictedOf Killing Campmate

Decatur Bridge Over MissouriTo Go Toll-Free In December

Top Related