Court Upholds DUI Stop Conviction by jennyyingdi


                                                                     Yankton Daily Press & Dakotan ■             MIDWEST                    ■ Tuesday, December 28, 2010
                                                                                                                                                                                                                                       PAGE 3

                                                                                   SOUTH DAKOTA
Huron Seeks Fund For Water Tower
   HURON (AP) — The city of Huron is seeking a $515,000 federal
                                                                                   Court Upholds DUI Stop, Conviction
                                                                                                     BY CHET BROKAW                      a possible drunken driver would be driving          Herren said she lingered at the stop sign
grant to help pay for a new water tower on the east side of town.
                                                                                                       Associated Press                  from Flandreau to the small town of Toronto      because she was applying eye drops.
   The Huron Plainsman reports that the new water tower would                                                                            in eastern South Dakota, according to court         Her lawyer, Michael McCann of Brookings,
provide service to the Dakota Provisions turkey plant and the                                                                            records. The caller erroneously reported the     said Monday the tip was weak because it gave
                                                                                       PIERRE, S.D. (AP) — A law officer had suf-
company’s proposed rendering facility that would make pet food                     ficient reason to stop a woman for suspected          vehicle as a blue Ford Durango, but Herren       a poor description of the vehicle and a 40-sec-
from poultry byproducts.                                                           drunken driving after receiving a tip from an         was driving a green Durango, which is made       ond delay at a stop sign wasn’t necessarily an
   The total cost of the new water tower is about $1.5 million.                    anonymous caller and watching her linger at           by Dodge.                                        indication of an impaired driver. But the
Officials say the tower would stabilize pressure for city depart-                  a stop sign for about 40 seconds, the South               The officer said he stopped Herren after     Supreme Court decided that taken together,
ments and other businesses on the east side of the James River.                    Dakota Supreme Court has ruled.                       seeing her linger at a stop sign for about 40    the tip and the delay were sufficient to permit
                                                                                       The high court’s unanimous ruling                 seconds, and he later testified that such a      the stop, he said.
                                                                                   upholds Annette M. Herren’s conviction for            lengthy stop is an indication of an impaired        “It disappoints us, but that’s the ruling,”
S.D. Bridge Deemed Unsafe To Be Sold                                               driving under the influence of alcohol in             driver. The officer arrested Herren after he     McCann said.
                                                                                                                                                                                             The Supreme Court agreed with rulings in
   BROOKINGS (AP) — An old bridge in eastern South Dakota has                      rural Brookings County in August 2009.                smelled alcohol and she failed a breath test.
                                                                                       Neither the anonymous tip nor the delay               Herren argued that her constitutional        other states that have found a lengthy stop at
been deemed unsafe for traffic and will be sold.                                                                                                                                          a rural stop sign does not by itself create rea-
   The Brookings Register reports that the old bridge near Butler                  at the stop sign alone would have given the           rights against unreasonable search and
                                                                                   law officer reasonable suspicion to stop              seizure were violated because the officer had    sonable suspicion to justify a traffic stop. The
was officially closed last week by Brookings County commission-                                                                                                                           anonymous tip by itself also was not suffi-
                                                                                   Herren, the Supreme Court said. But taken             no reasonable suspicion to justify the stop,
ers.                                                                                                                                     but Circuit Judge David R. Gienapp ruled the     ciently reliable to justify the stop, the high
   Brookings County Highway Superintendent Larry Jensen says                       together, the tip and the lengthy halt justi-                                                          court said.
                                                                                   fied the stop, the justices said.                     stop was justified. Herren was convicted of
the bridge has been off-limits since November.                                                                                           drunken driving and was sentenced to spend          However, the tip and the lengthy stop in
                                                                                       A Brookings County deputy sheriff went                                                             combination gave the law officer sufficient
   Jenson says the bridge is not worth repairing. He says there is                 to a rural intersection after authorities             90 days in jail and remain on probation for
another county road that has a bridge about a mile away.                                                                                                                                  reason to suspect a violation of the law, the
                                                                                   received a tip from an anonymous caller that          three years.                                     high court said.
   Jensen says that since the unsafe bridge is a historical struc-
ture, it can be sold to the public. If the bridge is not sold, the
county will salvage the planks for repairs on other bridges. Steel
from the bridge would be sold as scrap.
                                                                                    Food Service Sues Over North Dakota
S.D. Landfill Fire Could Burn For Years
     PIERRE (AP) — Pierre officials say a rubble fire at the city land-
fill that has been burning since September could burn for five                       Iowa School Lunches Homicides Down Five
                                                                                                                                                                     From 2009 To 2010
     The Pierre Capital Journal reports that the city council has                      DES MOINES, Iowa (AP) — A           blocking fair competition in the
voted to declare the situation an emergency. The council says it                   food service company has filed a        purchase of food supplies for
will seek a federal grant to help with the expense of extinguishing                lawsuit against a consortium of         Iowa schools.                                 BY DAVE KOLPACK                   “I always caution people to
the fire.                                                                          Iowa school districts and anoth-            Dreyer referred questions to                                            remember that when you have
                                                                                                                                                                           Associated Press
     Officials say the source of the fire is buried as much as 75 feet             er food service company, accus-         Brent Siegrist, director of state                                           a relatively low homicide rate
deep and conventional firefighting measures won’t work. Officials                  ing them of fixing prices and rig-      services for the Area Education            FARGO, N.D. — Unofficial         like North Dakota does, the fig-
say covering the fire with additional dirt is an option.                           ging bids.                              Agencies, who called the claims        reports compiled by the North        ures can go all over the port,”
     The fire department continues to monitor the site and guard                       The publicly funded Iowa            “unfounded.”                           Dakota attorney general’s office     Stenehjem said.
against fire flare-ups. The city is attempting to find another loca-               Educators Consortium was creat-             “We intend to fight these          show 10 homicides in the state           There were four killings
tion to bury construction debris such as wood, shingles and                        ed by the state’s Area Education        charges vigorously,” he said.          this year. In each case, the         reported in 2008 and a decade
sheetrock.                                                                         Agencies 11 years ago to help               Brooks Martin, president of        accused killers appear to have       high of 17 in 2007, he said.
                                                                                   school pool their purchasing            Martin Brothers, said the “claims      known their victims.                     No homicides have been
                                                                                   needs and obtain volume dis-            are baseless and we believe we             Four of the killings could be    reported this year in Fargo, the
UNMC To Hold 24-Hour Skate-A-Thon                                                  counts on food, supplies and            will prove so in court.”               traced to domestic violence.         state’s largest city, but trial was
   OMAHA, Neb. (AP) — The University of Nebraska Medical                           other services.                             Hawkeye Food Service filed a       Prosecutors believe two              held in 2010 for a man accused
Center will hold a 24-hour skate-a-thon to raise money for                             While the consortium buys           similar lawsuit in state court two     women were killed by their           in one of the city’s most pecu-
Parkinson’s research.                                                              many of its supplies through            years ago but it was thrown out        husbands, one woman by her           liar killings. Michael Nakvinda
   Skating will start at 6 p.m. Jan. 28 at the outdoor ice rink on the             multiple, competing vendors, it         by a district court. The Iowa          ex-husband and one woman by          of Oklahoma City was convict-
UNMC campus and will conclude at 6 p.m. Jan. 29.                                   uses just one primary vendor,           Court of Appeals reversed the          her ex-boyfriend.                    ed for the 2009 murder of Fargo
   The event is open to the public. There is no cost for skate                     Martin Brothers Distributing Inc.       decision earlier this year and the         Historically about half the      dentist Philip Gattuso in an
rental, but each skater will pay $10 to participate in the fundraiser.             of Cedar Falls, for food purchas-       case is now before the Iowa            homicides in the state are relat-    alleged murder-for-hire scheme.
UNMC’s Keith Swarts says up to 125 people can be on the ice at a                   es for the schools.                     Supreme Court.                         ed to domestic issues, Attorney          Authorities believe that
time.                                                                                  The Des Moines Register                 The state lawsuit challenges       General Wayne Stenehjem said.        Nakvinda was hired by
   Money will go toward UNMC’s research of Parkinson’s disease,                    reported that Hawkeye Food              the legality of the Iowa                   “People who find them-           Gattuso’s former father-in-law,
which is characterized by increasingly severe tremors and periodi-                 Service of Coralville filed a law-      Educators Consortium and               selves in situations of domestic     Gene Kirkpatrick, because
                                                                                   suit in U.S. District Court alleging    alleges that Iowa’s taxpayer-          violence need to know there          Kirkpatrick was unhappy that
cally stiff or frozen limbs. About 5 million people worldwide, and
                                                                                   the consortium and Martin               funded AEAs are violating a state      are places to go for help,”          Gattuso was raising his grand-
1.5 million in the U.S., have Parkinson’s. There is no cure.                                                                                                                                           daughter. Nakvinda, who was
                                                                                   Brothers schemed to force food          law that limits the ability of gov-    Stenehjem said. “It doesn’t
■ Get Updates At Yankton Online (                                  manufacturers and suppliers to          ernment entities to sell goods         have to happen.”                     Kirkpatrick’s handyman, beat
                                                                                   give them discounts not avail-          and services that also are                 One of the 2010 cases            Gattuso to death with a ham-
                                                                                   able to Hawkeye and other com-          offered by private businesses.         involves two brothers in             mer, police said.
                                                                                   petitors.                               The lawsuit also claims Martin         Manvel. Rodney Chisholm, 45,             “The murder-for-hire aspect
                         OBITUARIES                                                    The lawsuit claims that dur-        Brothers is funneling money            is accused of killing his 59-year-   is very unusual,” prominent
                                                                                   ing its first two years, the con-       back into the consortium               old brother, Donald, by hitting      Fargo attorney and former
                                                                                   sortium chose Martin Brothers           through administrative fees that       him in the head with a metal         prosecutor Bruce Quick said
Keith Deal                            Cemetery in Vermillion following
                                      the service.                                 as its vendor without seeking           Hawkeye likens to kickbacks.           pipe, strangling him or a combi-     before the trial. “I can’t think of
   ROCHELLE, Ill. — Keith Robert         Visitation will be held one               bids and then in 2002 when it               The U.S. Department of             nation of the two. Trial in the      any in the 30-plus years I’ve
Deal, age 58, passed away unex-       hour prior to the service on                 put the food-vendor contract up         Agriculture, which helps pay for       case is set for March.               been around doing this. Usually
pectedly on Friday, December 24,      Wednesday at the church.                     for bid the consortium wrote to         school lunches, said earlier this          Rodney Chisholm has plead-       the motive tends to be anger.”
2010      at    the                      Iverson-Siecke-Kober Funeral              food suppliers asking them to           year that while the contract with      ed not guilty to a murder                Fargo averages one homi-
R o c h e l l e                       Home, Vermillion, is in charge of            guarantee the best pricing for          Martin Brothers is now put up          charge and five felony theft         cide every two or three years,
Community                             arrangements.                                Martin brothers and to guaran-          for bids on a regular basis, Iowa      counts linked to stolen farm         police Sgt. Mark Lykken said.
Hospital.                                                                          tee those prices would be kept          schools have been buying food          equipment that authorities say           “In most cases they know
   He was born on                                                                  confidential.                           from Martin Brothers that isn’t        they found in his possession.        their victims,” Lykken said. “We
June 26, 1952 in                      Jim Van Gerpen                                   Hawkeye claims that it sub-         included in the contract, skirting         Stenehjem said it’s difficult    normally start investigating
Amarillo, TX, the                        Jim Van Gerpen, 59, of Yankton            mitted the lowest bid in 2007 but       the competitive bidding require-       to draw conclusions from the         small in inner circles and work
son of Keith A. and                   died Monday (Dec. 27, 2010).                                                                                                homicide total, which is down        our way out.”
Pearl A. Gullikson                                                                 that Martin Brothers was award-         ments.
                                         Funeral services are at 10:30             ed the contract.                                                               five from 2009.
Deal. Keith gradu-       Deal         a.m. Thursday at Emmanuel
ated from the                                                                          The lawsuit alleges that
University of South Dakota. He
                                      Reformed Church, Springfield,
                                      with the Rev. Bill Van Gerpen offi-
                                                                                   Martin Brothers, the consortium
                                                                                   and its director, Dan Dreyer, a
                                                                                                                           S Y S T E M S®           Water
was the Director of the University    ciating. Burial will be in the                                                                             Softeners

Plaza, DeKalb, IL and was on the                                                   former Martin Brothers manager,

                                                                                                                                                                                                                    $ 25
                                      Garden of Memories Cemetery,
                                                                                                                            LINDSAY WATER COND.
board of the Egyptian Theater. He                                                  conspired to violate federal anti-
                                      Yankton.                                     trust and racketeering laws while
was preceded in death by his             Visitation is 5-8 p.m.                                                                                  605-665-7471
                                                                                                                                                                                                 M on-Sa t
father, Keith, step father, Martin                                                                                         209 E. 3rd, Yankton
                                      Wednesday at Wintz & Ray
Brecht, paternal grandparents,
                                                                                                                                                                                                11a m -2pm
                                      Funeral Home, Yankton, with a
Lester and Erma Johnson, mater-       prayer service at 7 p.m. Visitation
nal grandparents, Raymond and
Muriel Gullikson, his two uncles,
                                      resumes one hour prior to the
                                      funeral at the church.
                                                                                     OUR CLASSIFIEDS WORK FOR YOU!
Gary Deal and Gordon Gullikson,
and an aunt, Carol “Sissie” St.
                                         In lieu of flowers, memorials
                                      will be designated.                            CALL THE P&D AT (605) 665-7811                                                                                                               o
                                                                                                                                                                                                   23 rd & Bro a d w a y •Y a n kt n
                                                                                                                                                                                                            6 6 5 - 3 83
   Survived by his mother, Pearl
Brecht of Walkerton, IN; his life
partner, Todd Mikesell of
Rochelle; 2 sisters: Rhonda               If no two people are the same...
(Steve) Paschen of Walkerton, IN;
Brenda (Tim) Pontius of Crystal         Why should their funerals be?
Lake, IL; and several nieces and        A funeral service should reflect the taste and
nephews, whom he loved dearly:
                                         preferences of the person who dies. We will
Misty, Mandy, Joel, Grace, Anna,
Marvin, Johnathan, Austin,                    help you add your own personal touch.
Wendy, Angel, Heather, Keisha,
Autumn, and Trayton; and great
nephew, Evan.
   Funeral services will be held
                                         W INTZ & RAY
                                            FUNERAL HOME
                                                                                                   W INTZ
                                                                                                FUNERAL HOME INC.
                                            and Cremation Service, Inc.                   Hartington, Coleridge, Crofton
at 10 a.m. on Thursday,                     605-665-3644             402-254-6547
December 30, 2010 at the
Rochelle United Methodist
Church, with Rev. Brett Todd offi-
ciating.                                                                          HOLIDAY
   Visitation     will   be    on
Wednesday from 4-8 p.m. at the                                                   GARBAGE &
Unger Horner Funeral Home, 400                                                   RECYCLING
N 6th St., Rochelle.                                                            COLLECTION
   The family request memorials
to the Keith Robert Deal                                                         SCHEDULE                                                   BUSINESS BANKING.
Scholarship Fund.
   Burial at Woodlawn Cemetery                Friday,                    Friday,      Saturday,                                             WE’RE THE ONE.™
in Walkerton Indiana.                      December 31st              December 31 st
                                                                                     January 1st
   Online guest book at                              NO          TRANSFER TRANSFER                                                             In today’s business climate, you need a skilled banker who has the resources
    Yankton Press & Dakotan
       December 28, 2010
                                           COLLECTION STATION           STATION                                                             to help make your business a success. Whether you need a loan or are
                                            Thursday & Friday
                                                                                                                                            looking for a more efficient way to handle your finances, Scott Larsen (left)

Ethel Gray
                                              routes will be
                                               picked up on
                                           Thursday, Dec. 30th.
                                                                        OPEN CLOSED                                                         and Justin Wagner (right) can help you determine which products and
                                                                                                                                            services will work best for you and your business. When it comes to the
   VERMILLION — Ethel B. Gray,                All other routes
                                              as scheduled.
                                                                      UNTIL 1PM                                                             best business banking experience, WE’RE THE ONE™.
92, of Vermillion died Saturday
(Dec. 25, 2010) at Sanford
Vermillion Care Center.
                                               PLEASE HAVE YOUR GARBAGE
   Funeral services are at 2:30              & RECYCLABLES PLACED BY 7 A.M.
p.m. Wednesday at First Baptist              Reminder ~ Garbage containers need to be acessible
Church, Vermillion, with the Rev.           to the crew, two 33 gal. containers with handles & lids,
Elmer “Sandy” Aakre officiating.                                                                                                            332 Broadway, Yankton, SD        605-665-9611
                                                    under 50 lbs., free of water, snow & ice.
Burial will be in Bluff View

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