The Newark Advocate from Newark, Ohio • 2

4 LOCALSTATE The Advocate Tuesday, March 8, 2005 PUBLIC RECORDS Ohio Lottery CLEVELAND (AP) Three Night Drawing Rolling Cash 5 game tickets had Rojj 5: 2-5-11-15-19 "1 the nght combination for the s.7. drawing Monday, and the win- Pick ners will share the Ohio Lottery Pick 4: 4-2-2-3 game's jackpot of $1 00,000. The winning tickets were sold Day Drawing at Mike's Drive Thru in Lima, pjck 3. 71.7 Stop Go in Struthers and Woodlawn Market in Canton. hck -i-o-- Supreme Court denies stay for Ohio murderer Man to be executed this morning Police charge man in knifepoint theft 1 the counter into the cash drawer when it was open and threatened the clerk with a knife.

He left with $60 in cash, records stated. No one was hurt in the robbery. The knife the robber used was a small pocket-style knife someone would likely use outdoors, Newark Police Detective Steve Vanoy said. According to an affidavit signed by Vanoy, after Dingey was arrested, he was interviewed and allegedly confessed to the crime. Erik Johns can be reached at (740) 328-8543 or ejohnsnncogannett.com By ERIK JOHNS Advocate Reporter NEWARK A Zanesville man has been charged with the knife-point robbery of a Newark Dairy Mart in February.

Brent E. Dingey II, 18, was charged Monday with one count of aggravated robbery, a first-degree felony. Licking County Municipal Court Judge David Branstool set bond at $100,000. Newark police accuse Dingey of robbing a Dairy Mart at the intersection of West Church and 11th streets at about 4:20 a.m. on Feb.

14. According to court records, Dingey allegedly reached over Two local men indicted for suspected meth lab Births MARCH 1 SVATORA, Sarah and Dave, of Bloomington, a boy. Grandparents, John and Emma Mcintosh, formerly of Heath, and Mike and Carol Svatora Sr. of Newark. MARCH 2 GRANT, Angela D.

and Matthew Waspe, of Newark; a boy. Crime report NEWARK POUCE REPORTS A resident of the 200 block of Hudson Avenue told police someone broke into her apartment before 10 p.m. Saturday and stole a Camcorder, briefcase and a copy of a civil protection order. LICKING COUNTY SHERIFFS REPORTS Someone attempted to steal a stack of ladders from a construction site in the 2100 block of Columbus Road, Granville, between 7:45 and 10 p.m. Friday.

(Compiled from official reports.) Court news BOND HEARINGS NEWARK The following person appeared Monday in Licking County Municipal Court The case will next be heard by a grand jury for possible indictment. Charles F. Collins, 23, last known address 324 Hudson Newark, was charged with one count of burglary, a third-degree felony. On Feb. 11, Collins allegedly broke into a Newark woman's home and stole several items while she was in the hospital.

Branstool set bond at $5,000. Dissolutions asked for Donna J. Dunbar, Pataskala, vs. Alan J. Dunbar, Granville.

Maria D. McCauslin Alford, vs. Mark A. McCauslin. James K.

Collins, St. Louisville, vs. Crystal Collins. Stephanie H. McKinnon, Pataskala, vs.

Michael K. McKinnon. Kristin N. Foughty, Thornville, vs. Dale E.

Foughty Columbus. Michelle Athey, Hebron, vs. Terry L. Athey II, Newark. Judy A.

Cost, Newark, vs. Theodore D. Cost Newark. Jason L. Weiser, New Albany, vs.

CLarmen Weiser, Newark. Divorces asked for Donna Spencer, Reynoldsburg, vs. Patrick Spencer, Reynoldsburg. Stephanie Van Fossen, Newark, vs. Max Van Fossen, Pataskala.

Dale R. Roberts, Pataskala, vs. Nicole Roberts, Pickerington. fchjjstine M. Zarker, Newark, vs.

Robert W. Zarker, Newark. Jimmie D. Wood, Newark, vs. Ba-bette A.

Wood, Newark. Nancy Phillips, St. Louisville, vs. Michael Phillips, Newark. Shannon N.

Norris, Newark, vs. Jessica A. Norris, Johnstown. Renee M. Benjamin, Pataskala, vs.

Ronald E. Benjamin II, Chilli-cothe. Thomas R. Hardison, Granville, vs. Mary Hardison, Granville.

Natoshia D. Hickey, Newark, vs. Martin P. Hickey, Newark. Shaun R.

Gray, Newark, vs. Bobbi J. Gray, Newark. The vocate Gannett News Service LANCASTER A Fairfield County Grand Jury on Friday indicted the three men arrested after a meth lab caught fire in February near Millersport. Paul Stepleton, 31, of Heath, Patrick Salvato, 26, of Lewis Center, and Randy Lifter, 23, of Newark, were each indicted on one count of illegal assembly or possession of chemicals for the manufacture of drugs and one count of illegal manufacture of drugs.

On Feb. 15, Buckeye Lake police officers went to 3405 Walnut Road after a pedestrian stopped by the police department to report smoke coming from a building. CINCINNATI (AP) The U.S. Supreme Court on Monday night declined to delay the execution of an Ohio prisoner who claims he has a brain abnormality that may have affected his behavior in 1987 when he raped and murdered a woman. William H.

Smith, 47, is to receive a lethal injection at 10 a.m. Tuesday at the Southern Ohio Correctional Facility for the 1987 rape, robbery and murder of Mary Bradford at her Cincinnati apartment. Justice John Paul Stevens, who handles appeals from Ohio, referred the matter to the full court, and the court denied the request to hear Smith's appeal without issuing further comment, officials with the Supreme Court said Monday night. Smith's lawyer, Jennifer Kinsley, said Monday night her client is out of appeals and no further actions were planned on his behalf. "We're done with our appeals," she said.

Smith, 47, claims the abnormality detected during a brain scan after he fainted in prison may have affected his behavior when he stabbed Bradford, raped her as she lay dying and then made three trips to his car to steal her stereo and two television sets. The defense is not challenging Smith's conviction but says the abnormality could have spared him from the death sentence at trial Smith's attorneys had argued that an independent analysis of tests on his brain needed to be done. Thirteen judges from the 6th U.S. Circuit Court of Appeals agreed Monday with a three-judge panel that lifted a stay of execution, saying that two brain tests did not prove Smith has an abnormality. The appeals court said the defense introduced no new issues that warrant reconsideration of the sentence and rejected the argument that Smith's trial lawyers failed to develop evidence that he had brain damage.

Smith and Mary Bradford met a bar in 1987, where they drank together for several hours before going to her Cincinnati apartment, police said. After using cocaine and having sex, authorities said the two argued when Smith accused Bradford of owing him money for cocaine. Smith, also of Cincinnati, told if a uu a i. police Bradford grabbed a knife that he took away, and she was stabbed during the struggle. Bradford, 47, had 10 stab wounds in the neck and chest, and Smith had sex with her again as she lay on her bed bleeding, police said.

After Smith fainted in December when told his execution date had been set, a CT scan showed a lesion to his brain, Kinsley said. She would not describe the abnormality further. Prosecutors had a more precise magnetic resonance imaging test done on Smith on Feb. 25 as recommended by doctors. William H.

Smith has been sentenced to be executed today at 10 a.m. The U.S. Supreme Court refused to delay Smith's execution on grounds of a brain condition that may have affected his behavior. (AP) Smith's attorneys say he received electric shock treatment at a state hospital from age 9 through 14 for hyperactive behavior, which could have caused the abnormality. State lawyers said they could not find hospital records to establish that he received shock treatment.

The abnormality was detected in the cranial nerves that control facial muscles and the sense of taste and relay sound and balance information from the ear to the brain, prosecutors said. "This condition does not in any way explain why Smith stabbed Mary Bradford 10 times, carried his bleeding victim to the bedroom and then raped her," Attorney General Jim Petro's office said in a federal court filing. On Monday, Gov. Bob Taft rejected a request to commute Smith's sentence to life in prison without possibility of parole, citing a lack of evidence to support his brain abnormality claim. Ohio has executed 15 people since resuming executions in 1999.

The three appeals judges overturned a decision by U.S. District Judge S. Arthur Spiegel, who ruled on Feb. 28 that Smith's execution should be postponed to allow for more medical tests. Smith was moveti Monday morning from death row in Mansfield to the Southern Ohio Correctional Facility at Lu-casville, where executions take place.

He listened to music on a cassette player, flipped through television channels, read his Bible and remained upbeat and cooperative on Monday, prison spokeswoman Andrea Dean said. She said he ordered a bag of Doritos nacho chips and a Pepsi for his special meal. Bradford's grandson, Timmy Bradford, of Cincinnati, was to witness the execution. Kinsley said Smith had rejected witnesses, but Dean said Monday night that two brothers and a cousin planned to ask him to reconsider and allow them to be witnesses. Amtrak's Three Rivers train completes last run Michael A Caruso, Reynoldsburg, vs.

Kimberley A. Caruso, Reynoldsburg. Michael A. Owens, Pataskala, vs. Debra C.

Owens, Newark. Larry Johnson, Bloomingburg, vs. Robin Johnson, Pataskala. Kimberty A. Hale, vs.

Carson R. Hale. Deborah Barbee, Newark, vs. Scott B. Beyer, McArthur.

Heath Grigsby, Newark, vs. Jessica S. Grigsby, Lancaster. Darin E. Brown, Newark, vs.

Christine S. Brown, Newark. Rebecca M. Ross, Johnstown, vs. Timothy S.

Ross, Johnstown. Kyong S. Arter, Newark, vs. Timothy M. Arter, Newark.

James D. Loudenslager, Pataskala, vs. Peggy S. Loudenslager, Carroll. Kimberly M.

Mitchell, Reynoldsburg, vs. Avery C. Mitchell, Reynoldsburg. Dixie Kelley, Newark, vs. Danny S.

Kelley Zanesville. Jennings E. Browning, Newark, vs. Rhonda S. Browning, Martinsville, Ind.

Casey J. Smith, Newark, vs. Christopher G. Smith, Columbus. Michelle Eastwood, Hebron, vs.

Lucas E. Eastwood, Hebron. Timothy P. Bernardo, Newark, vs. Samantha Bernardo, Newark.

Junis D. Harris, Pataskala, vs. Sandra K. Harris, Pataskala. Melissa K.

McCartney, Newark, vs. Anthony S. McCartney. Dissolutions granted Renae Dwenger, vs. Matthew E.

Dwenger. Todd R. Pheneger, vs. Bobbie A. Pheneger.

Michael G. Myser, vs.Tamara Shaffer Myser. Jaime J. Walker, vs. Steven G.

Walker. Chad M. Wolfe, vs. Jennifer P. Wolfe.

Patricia Potters, vs. Ben J. Potters. Michelle A Turner, vs. Robert S.

Turner Jr. Sandra K. Brazil, vs. Darin E. Brazil.

Paul J. Neibarger, vs. Tammy I. Neibarger. Dolores J.

Moore, vs. Gilbert R. McElfresh. Divorces granted Dennis Wright, vs. Melissa J.

Wright. Caryol D. Brown, vs. Jerry W. Brown Jr.

William H. Holley, vs. Beverly G. Holley. Constance I.

Lindzy, vs. Russell P. Lindzy. Joanna Carr, vs. Brian Carr.

Brandy N. Zannetti, vs. Gabriel M. Zannetti. Monica M.

Stall, vs. David A. Stell. Michael E. Boyce, vs.

Amy S. Hill. Roger R. Brown, vs. Wanda L.

Brown. Timothy Whitt, vs. Nicole M. Whitt. Roxie Ramsey, vs.

Jerry Bennett Jr. Rosalie S. Calendine, vs. Keith A. Calendine.

Warreh C. Engle, vs. Shaunta J. Engle. Shi James, vs.

Sheila Robarqe-- 9 James. Marsha K. Stuller, vs. Matthew W. Stuller.

newspaper network OP CIMTlAi OHIO No. 78 Fax 328-8580 Ads: 328-8582 News: 328-8581 E-mail advocates nncogannett.com comments Greg Baumer, regional advertising director, 3288818; gbaumernncogannett.com Jeffrey Simmons, Circulation director; 3288807. jsimmonsnncogannett.com Postal information USPS: 383-760 ISSN: 0740-2120 Published daily: Periodicals postage paid at Newark OH POSTMASTER: Send address changes to The Advocate: 22 N. First St, Newark OH 43055-5608 When Millersport fire officials arrived, they discovered a fire had burned one of the men and the buildings had chemicals commonly associated with the manufacture of methamphetamine. When officers arrived Stepleton, Salvato and Lifter were in the building.

Hazardous Materials teams from Fairfield and Licking counties were called to collect the chemicals. Ohio 79 had to be closed for approximately 12 hours while the situation was contained. If convicted of the crimes, the men can be sentenced up to 13 years in prison on both charges. between Pittsburgh and Chicago with its Capitol Limited running through Alliance, Cleveland, Elyria, Sandusky and Toledo in Ohio, and Waterloo, South Bend and Hammond in Indiana. Steve McMullen, 24, a rail buff from Akron, rode the final eastbound Three Rivers train out of Chicago, and saluted as it passed the final westbound train south of Sandusky.

"We waved as it flew by at 60 mph outside Willard," said McMullen, who paid $64 for the round trip. "I was the last one off." Union AKRON (AP) Amtrak's final Three Rivers trains between Pittsburgh and Chicago rolled across northern Ohio and northern Indiana early Monday, ending passenger rail service for four cities in the two states. Amtrak cut the Three Rivers service between Pittsburgh and Chicago when it decided to stop carrying mail The end of the Three Rivers meant a halt to rail passenger service in Akron, Fostoria and Youngstown in Ohio and Nap-panee, Ind. Amtrak still provides service id Vou We serve over Serving Licking County for 184 years www.NewarkAdvocate.com 2005 The Advocate 120 Select Employer Groups? Ask your employer about membership. Vol.185, Address 22 N.

First St. Newark, Ohio 43055-5608 Phone (740) 3454053 800-555-8350 Cust Service: (740) 328-8805 2PK 1 I Cos Federal Credit 345-6808800-333-2455 www.fiberg.as.org Miss VoW Ui 2.1 CENTRAL OHIO A.iAJW SCHOLARSHIP friKdejisOfipeiLS nnBDnMG COME TO OUR PROGRAM Wheiu Saturday, March 12, 2005 7:00 EM. Pre-Show Of Entertainment I Featuring Shawna Carder I Where: J. GUbert Reese Center I Annual Pajama Party Office hours: We're open Monday through Friday from 8 a.m. to 5 p.m., and the circulation department accepts phone calls from 6 a.m.

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To request a correction: We promptly correct any mistakes we make in news stories. Call Managing Editor Michael Shearer at 328-8820. Tickets- $10.00 Featuring: Kristen Swinehart Miss Central Ohio 2004 Amanda Beagle Miss Ohio 2005 18 Contestants 10 to 50 OFF regularly priced merchandise Special prize to customers wearing PJ's Prize drawings throughout the evening GRAM) PRIZE! Register to win Exquisite Gold Package Provided by SPA ON THE AVENUE 522-4SPA Lenten Worship Lunch Each Wednesday "during Lent THE SECOND PRESBYTERIAN CHURCH Second Church Streets March ptb Pm Fr. Boh PenballurUk St Francis De Sales Church Questions and Bob Robbins, publisher; 3285828; brobbinsnncogan-nettcom Michael Shearer, managing editor; 3286820; mshearernncogannett.com Advertising disclaimer ThetxiikslwshalriotbelaUelwdBmagesansrigoufol ma in advertsemerts beyond the amount paid tor space actuafy occupied by that portion of Ihe advertisement ii when the error occurred, nrfiethar such error is due to the negligence ot the pubfener's employees there shaft be no tBbty tor norHnsertnn of any advertise merit beyond the amount pard for such advertisement A GOOD WAY TO SPEND YOUR NOON HOUR Luncheon served at a nominal cost following each service. Sponsored by Si cond Presbyterian Church FINDERS KEEPERS VILLAGE 789 Hebron Road, Park Plaza Center, Heath 522-3233 Open 7 days Mon-Sat 10-8; Sun 12-5 St.

Francis DeSaj.es Catholic Church! First United Methodist Church! St. Paul's Lutheran Church! Trinity Epispcopal Church First Presbyterian Church Trinity AME Church.