04/08/2007

Week in Review

ANTRIM

Garbage truck loses passenger at 55 mph

MANCELONA — A man who was hurt falling out of a moving garbage truck apparently was trying to open and re-close the passenger side door.

The accident happened around 8 a.m. Wednesday on Mancelona Road, a few miles east of the Antrim County village.

Kalkaska resident Joshua Dimon, a 22-year-old employee of American Waste Management, was riding in the passenger seat when he fell out of the truck onto the paved road surface, said Antrim County Undersheriff Dan Bean.

The garbage truck was traveling at about 55 mph and Dimon was not belted in, Bean said.

Dimon remained hospitalized Wednesday afternoon at Munson Medical Center, where he was being treated for an ankle injury and cuts on his head, Bean said. He is expected to make a full recovery.

BENZIE

Charges filed in alcohol-related fatality

BENZONIA — A Benzie County man could face 15 years in prison for an alcohol-related car crash that killed his second cousin and injured two others.

Benzie County Sheriff's officials allege Dennis Bradley Fox, 23, was driving four passengers home from Elberta's Cabbage Shed Waterfront Pub around 2:15 a.m. last Sunday when he allegedly struck a utility pole and rolled a car on River Road near Adams Road in Crystal Lake Township.

Detective Tom Whale said. "It was heavy rain at the time of the accident. I think it was a combination of speed and alcohol.”

Three backseat passengers, including Fox's cousin, Nichole Lee Smith, 22, of Traverse City, weren't wearing seat belts and were thrown from the vehicle, Whale said.

Smith was pronounced dead at the scene. Fox's twin brother, Daniel J. Fox, 23, of Interlochen and Kacie M. Bailey, 21, of Honor, were seriously injured and were taken to Munson Medical Center for treatment, Whale said.

Daniel Fox was in fair condition and Bailey's condition was unknown Monday afternoon.

Dennis Fox and a front-seat passenger, Shana N. Gunther, 21, of Homestead Township, were not seriously injured.

Two are arrested, pills seized in raid

BENZONIA — Police seized hundreds of a painkilling prescription pills and arrested two people following a weekend drug raid.

Benzie County sheriff's deputies and state police raided a home along King Road in Joyfield Township March 31. Authorities said they confiscated 1,236 pills of Vicodin, a prescription painkiller.

Two individuals were arrested, one for an unrelated car theft charge. The case is still under investigation.

Judge rebukes plaintiff; law was still violated

BEULAH — Benzie County commissioners time and again violated open government laws over the past few years, a judge ruled.

But Judge James Batzer also found the violations largely were technical and during a court hearing he lectured the citizen who brought the lawsuit, Eric VanDussen, about crying wolf whenever he perceived governmental misconduct.

VanDussen and county officials have been at odds for about six years, when he filed the first of three lawsuits citing county violations of the state Open Meetings and Freedom of Information acts. Those laws prohibit governments from conducting public business in private.

The county's attorney, Bradley Wierda, conceded many of VanDussen's points at a hearing March 30 and offered to pay VanDussen $500 in punitive damages for a FOIA violation. VanDussen declined and said he would seek multiple payments for violations.

Man charged in drug theft from pharmacy

BENZONIA — A Benzonia man could be charged with a half-dozen felonies after he allegedly burglarized a local pharmacy and stole a large quantity of prescription drugs.

Benzie County sheriff's officials allege Sean Stanley Timson, 30, was going through severe drug withdrawal when he allegedly broke into The Prescription Shop in Honor around 2:20 a.m. March 31 and stole about 1,600 Vicodin pills.

Tipsters allegedly led detectives to Timson and a sheriff's informant allegedly confirmed that Timson had the drugs at his home, Detective Tom Whale said.

"While he was at the residence, Timson talked to him about the breaking and entering and gave him 53 of the pills he had stolen and told him not to tell anyone,” Whale said.

State and county police raided Timson's home on King Road in Benzonia where they recovered 1,236 Vicodin pills and other alleged evidence from the burglary, Whale said.

Timson's neighbor, Christopher Shawn Hardamon, 32, also was arrested at the residence for an unrelated vehicle theft case.

Timson likely will face at least six felonies ranging from possession of prescription drugs to bond violations. Because he is a habitual offender, he could face up to life in prison if convicted.

CHARLEVOIX

Entergy to take over waste storage

CHARLEVOIX — It's 107 acres, radioactive and soon to be someone else's problem.

The spent fuel storage area at the Big Rock nuclear power plant site near Charlevoix will be handed over this month to a New Orleans power company, said Consumers Energy spokesman Tim Petrosky.

Consumers will pay Entergy Corp. $30 million to assume responsibility for Big Rock's dry fuel storage area, where waste from 35 years of nuclear power production is kept. The transaction is tied to Entergy's previous purchase of Consumers' Palisades nuclear plant near South Haven.

To be finalized by May 1, the deal includes 107 acres surrounding a basketball-court sized pad where 441 bundles of spent fuel rods are sealed in concrete and steel casks, Petrosky said.

The remaining 400-plus acres of land, including over a mile of Lake Michigan shoreline, will for now remain in Consumers' hands, though talks continue with both local land conservancy and state officials to release the property to the public, Petrosky said.

CHEBOYGAN

Name missing from veterans memorial

INDIAN RIVER — There's a memorial in downtown Indian River with the names of 144 dead veterans listed in bronze.

It's there that some people want to see the name of U.S. Army Pfc. Justin Paton, who was killed by gunfire on Feb. 17 while in Iraq.

The trouble is the monument was established to honor deceased members of the local post of the Veterans of Foreign Wars, which Paton didn't join.

Paton, 24, graduated in 2000 from Inland Lakes High School in Indian River and was deployed to Iraq in October last year as a member of the Army's 1st Cavalry Division, Delta Company.

Norbert Lang is commander of VFW Post 7439 in Indian River. He said he'd love to add Paton's name to their monument, but he never joined the organization.

Post members voted down a proposal to change the rules for the VFW monument in Indian River, which would have allowed the addition of Paton's name.

GRAND TRAVERSE

Man allegedly leads police on chase

TRAVERSE CITY — Andrew Brian Morrison, 22, was arrested for felony fleeing and eluding and two counts of possession of stolen property after he allegedly forced a woman from her Chevy Trailblazer at an underground parking garage in downtown Manistee on Monday and drove to Traverse City, where he allegedly led police on a chase, authorities said.

Morrison was on parole and staying in a Manistee-area transition house before he allegedly stole the vehicle, authorities said.

A Traverse City officer recognized the stolen sport utility vehicle on Division Street in Traverse City around 1:45 p.m. and tried to stop the vehicle.

Morrison allegedly sped off and after a lengthy chase through town, eventually turned south off 14th Street onto railroad tracks that run along Boardman Lake, Traverse City Police Capt. Steve Morgan said.

Morrison allegedly jumped from the SUV in front of Northwest Michigan College's University Center and ran. Police arrested Morrison after a short foot chase and lodged him in Grand Traverse County Jail.

Morrison already was wanted by police for a parole violation. He likely will face additional charges in Manistee, Morgan said.

Aviation program partners up

TRAVERSE CITY — Northwestern Michigan College's aviation program will fly in formation with three other community colleges and Western Michigan University to share equipment, purchase materials in bulk together and promote aviation careers.

Officials from the five flight schools — including Delta College near Bay City, Jackson Community College and Lansing Community College — signed an agreement to form an association named Fly Team Michigan!

Together, the five programs have at least 950 students.

WMU officials initiated talks about two years ago. That was before NMC Vice President Marguerite Cotto said early last year that NMC's program was trying to reverse yearly deficits of $200,000 or more.

But she said the agreement may help all the schools' bottom lines.

Hopes are that the colleges can buy fuel together, pool on insurance, share specialized equipment and do other things together to save money.

Inmate accused of plotting to kill

TRAVERSE CITY — A man awaiting trial on two sexual assault charges allegedly solicited a fellow inmate to intimidate or kill members of his family who are scheduled to testify against him.

Kirk Carlton Smith, 45, of Kewadin, faces sex crimes charges that could send him to prison for life. He allegedly had several recent conversations with a cellmate about slaying relatives who are expected to be called as witnesses at his May 1 trial, Grand Traverse County Sheriff Scott Fewins said.

Smith's cell mate, Ronnie Gene Hazelwood, 27, passed a letter describing Smith's alleged requests to a corrections officer shortly after the two talked, Fewins said. The corrections officer relayed the information to investigators who then interviewed Hazelwood.

Jail authorities isolated Smith from other inmates and restricted his phone privileges, Fewins said.

Smith was charged with solicitation of witness intimidation and not solicitation of murder because the sheriff's investigation "was pretty sketchy,” Grand Traverse County Prosecutor Alan Schneider said.

Reserve would expand under deal

ACME — A lush and marshy chunk of protected state land in northern Grand Traverse County may expand by about 42 acres.

Petobego State Game Area along U.S. 31 is host to Sandhill cranes, American bald eagles, Northern harriers, Caspian terns, Marsh wrens and Least bitterns, said Williamsburg resident and bird watcher Bob Carstens.

Carstens is vice president of the Grand Traverse Audubon Society, which has recorded sightings of about 120 bird species at the protected state reserve. He's glad to learn public lands there may grow in a looming land deal between the state and the Grand Traverse Regional Land Conservancy.

That group acquired the vacant land six years ago. The pending land swap with the state for a 0.26-acre parcel in Strawberry Point subdivision near Interlochen in Green Lake Township will bring the conservancy a $335,000 check from the deal.

Another 42 public acres at Petobego State Game Area will increase recreational opportunities and be forever secured from development, said Bill Schmidt, property specialist with the Michigan Department of Natural Resources.

Woman accused of embezzlement

TRAVERSE CITY — A Traverse City woman is facing a felony embezzlement charge after she allegedly stole about $30,000 from her employer.

Laura Ann McAlpine, 49, is charged with embezzling between $20,000 and $50,000 after she allegedly wrote 50 company checks to herself or for cash between September 2003 and December 2006 while she worked for Four Seasons Window and Glass Inc. in Traverse City, records show.

McAlpine allegedly would not talk about the checks when questioned by police. She could face up to 10 years in prison if convicted.

Cherry Festival may see changes

TRAVERSE CITY — The National Cherry Festival could welcome major changes that shake up the look of the 80-year-old celebration.

The most notable difference at the July 7-14 event could be a plan to shift the stage at the bayfront Open Space so musicians and their music face the Grand Traverse Bay. Festival Executive Director Tom Menzel said turning the stage so its back is to Grandview Parkway is just one way to show the festival's "good faith” effort to address residents' noise complaints.

The festival features nightly concerts from the bayfront stage.

The festival also is investigating the use of new technology to direct noise away from residential areas.

Another major change Menzel discussed is renewing the festival's recycling program. The event nixed its recycling tent several years ago to save funds. But Menzel said this year it will try again to do a "good recycling program.”

Convicted abuser seeks new trial

TRAVERSE CITY — A convicted child abuser could get a new trial after a state appellate court ruled his original attorney may have been ineffective.

Phillip Jon Fahrner, 30, will appear at a rare Sunday hearing April 15 before 13th Circuit Court Judge Thomas Power to determine if Fahrner's original attorney failed to present relevant evidence at his 2005 trial.

A jury convicted Fahrner of first-degree child abuse and Power sentenced the Williamsburg man to nine to 15 years in prison for physically abusing his live-in girlfriend's 11-month-old son while she worked.

Fahrner told police he threw the infant, Cameron Strang, on his head in the kitchen when the child repeatedly spit up milk. Strang spent three weeks at DeVos Children's Hospital with brain damage and paralysis and nearly died.

In Fahrner's motion for a new trial, he argued that his trial attorney, Jeffrey Slocombe, caused "irreparable prejudice” to his case. Slocombe allegedly did not provide evidence to contradict the prosecution's expert witnesses who testified the child's injuries were not accidental, court records show.

Man charged with felony sex crime

TRAVERSE CITY — A Fife Lake man is charged with a felony sex crime after he allegedly pinned a woman to her bed and touched her inappropriately.

Eric Richard Deschermeier, 40, is charged with fourth-degree criminal sexual conduct after he allegedly followed a woman into her bedroom, pinned her down and grabbed her breasts on Feb. 18, court records show.

Deschermeier could face up to two years in prison if convicted.

Alleged identity theft takes place

TRAVERSE CITY — A Cheboygan man is charged with identity theft for allegedly using his father's information to receive vehicles from a local dealership.

State police officials allege Eugene Alexander Kaczmarczyk Jr., 39, used his father's identification and information Jan. 8 to secure the delivery of three vehicles from Williams Chevrolet in Traverse City, court records show.

A dealership employee allegedly called Kaczmarczyk Jr. and requested that the vehicles be returned and they were not, records show. Kaczmarczyk's father, Eugene Kaczmarczyk Sr., allegedly told state police his son did not have permission to use his information.

The identity theft charge is a five-year felony, but Kaczmarczyk could face a higher penalty if convicted because he is a habitual offender.

LEELANAU

Public to have input on M-22 tunnel

TRAVERSE CITY — Elmwood Township planning commissioners will seek public comment on zoning ordinance changes that could allow a developer to construct a pedestrian tunnel under M-22.

Ron Walters and West Bay Partners LLC proposed an $8 million to $10 million development along the busy M-22 corridor in Greilickville. Plans call for building 29 yacht-sized boat slips in the bay, along with developing commercial and residential properties on the west side of the highway.

The current zoning ordinance requires that parking be located on the same side of the road as the proposed land use. The developers want to instead construct a pedestrian underpass beneath M-22 to link the marina to parking and properties across the road.

The planning commission will hold a public hearing Tuesday at 7 p.m. at the township hall to consider draft zoning ordinance changes that alter the parking standards.

If approved by the planning commission, the zoning ordinance amendments must also be approved by the township board, said Elmwood staff planner Bill Swanson. The changes would apply for any project that falls under the regulations.

Crash victim ID'd; suicide suspected

MAPLE CITY — Authorities identified a local man who died in a single-vehicle car crash in Leelanau County.

William Buchan, 22, of Traverse City died early March 31 at the crash site at County Road 669 and School Lake Road in Cleveland Township, Sheriff Michael Oltersdorf confirmed last Sunday. Deputies were called to the scene around 4:30 a.m. March 31 where Buchan's vehicle had been driven into an embankment. Buchan was alone in the vehicle and not wearing a seat belt, investigators said. The crash remains under investigation but authorities suspect the driver took his own life.

"It does not appear to be accidental at this time,” Oltersdorf said.

Senior-living complex planned on 20 acres

NORTHPORT — Developers are set to start construction on a senior-living complex at the site of the former Leelanau Memorial Health Center that local leaders hope will breathe new life into the community.

Parkside Management Services, based in Skokie, Ill., plans a $20 million project on the former hospital campus just west of the business district in the village of Northport. It will feature a mix of assisted-living apartments, independent living condominiums, and care for patients with Alzheimer's disease and other types of dementia.

Officials from Parkside and Munson Healthcare last week closed on the sale of the 20-acre property.

Matt Davis, director of Northport Highlands, predicted the project would be complete by 2008. He said the development will generate tax revenue and create between 40 and 50 jobs in nursing, maintenance, food service and other areas.

Courthouse property may be sold soon

TRAVERSE CITY — Leelanau County commissioners could seal a deal by the end of the month to sell the courthouse campus to two local developers.

Robert "Gene” Kelly of PDM Lumber Co. in Bingham Township and Leland dentist James Varley offered $2.4 million for the 2.5 acres in the village of Leland. The county board's property subcommittee voted 2 to 1 recently to recommend approval of a purchase agreement with Varley-Kelly Properties LLC.

The sale terms will be on the agenda for the board's executive committee meeting on Tuesday. Commissioners could grant final approval April 17.

The agreement outlines several conditions that must be met before the sale closing and payment of the full $2.4 million. They include the county assisting with an application for a state brownfield grant or loan to pay for building demolition and environmental cleanup at the site.

The county also would petition for the vacation of East Cedar Street between South Chandler and South Grand streets and help the buyers obtain necessary zoning permits from Leland Township.

WEXFORD

Woman, 71, injured in crash on M-115

CADILLAC — A Frankfort woman was hospitalized after her vehicle went into a ditch and struck several trees along M-115 in Wexford County.

Leona Earegood, 71, was in serious condition last Sunday night at Munson Medical Center. Sheriff's deputies said she was driving along East M-115 near S. 39 Road in Clam Lake Township around 8:15 p.m. March 31 when she lost control of her vehicle and it left the roadway. She and her husband, Elsworth Earegood, 75, were trapped in the vehicle and rescue workers needed extrication equipment to free the couple. He was treated at Cadillac Mercy Hospital for minor injuries.

The state highway was closed for two hours while police and rescue workers were at the scene. The crash remains under investigation.

Two arrested for embezzlement

CADILLAC — Two Wexford County women were arrested on unrelated felony embezzlement charges after they allegedly stole from their respective employers.

Wexford County sheriff's officials arrested Roxanne J. Morrison, 48, of McBain, recently after she allegedly stole between $1,000 and $20,000 while she worked at The Mattress Connection in Cadillac, sheriff's officials said in a statement.

Lesley Ann Nye, 37, of Cadillac, also was arrested recently for embezzlement between $1,000 and $20,000 for allegedly stealing from a Cadillac Wal-Mart where she worked in January, sheriff's officials said.

Both women could face up to five years in prison if convicted.

Meeting addresses landfill loan

CADILLAC — Wexford County held a public hearing about a $16 million loan it needs to keep its landfill in business and build a public water supply system for residents whose drinking water has been contaminated by pollution from the dump.

The hearing Thursday at the Wexford County courthouse was required for the application process for a state "drinking water revolving fund loan.”

Many Cedar Creek Township residents believe their property values have been harmed by contamination at the dump, whether they are located within the contamination plume or not.

Amy Helsel, who lives outside of the zone but believes her property value is adversely affected, planned to attend the meeting because she is worried about a plan to build the water supply plant next to her house.

Helsel said she's circulated a petition against the location of the water system because she can't afford to pay for a hookup to city water.

Man charged after vehicle hits pole

CADILLAC — Authorities closed a Cadillac road for four hours and arrested a Marion man after he allegedly hit a power pole and fled the scene.

Cris Eisenga, 32, is charged with operating a vehicle while intoxicated and leaving the scene of an accident after he allegedly hit a power pole on Old U.S. 131 near Pearl Street around 2:20 a.m. Thursday, state police said in a statement.

Power lines fell across the roadway as a result of the crash and authorities closed the road and diverted traffic for four hours while the lines were repaired, police said.

Eisenga was released from Wexford County Jail after his arraignment Thursday afternoon.