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• •
Roll
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• •
Tuesday, April 3, 1984/The Battalion/Page 7
Lawsuit filed in restaurant slayings
United Press International
HENDERSON — The wife
of one victim in last year’s mas
sacre of five people abducted
from a Kentucky Fried Chicken
restaurant has filed a $5.5 mil
lion negligence suit against the
restaurant operators.
Meanwhile, the 6-month-old
investigation into the robbery-
homicide, in which all the wit
nesses were taken from the
scene and killed on a rural East
Texas oil lease, has turned up
no new leads, police said.
Henderson attorney John
Sloan said Lana Maxwell of Kil
gore filed suit March 29 against
Tem-Kil Co. Inc. and Kdgore
Kentucky Fried Chicken, the
two firms that operated the res
taurant from which the victims
were abducted on Sept. 23,
1983.
“We’ve sued on the basis of
negligence,” Sloan said. “Fai
lure to provide security is the
most obvious cause.”
Sloan said that after the de
fendants are served with the
suit, he will immediately begin
seeking to subpoena company
records and testimony.
“Hopefully we’ll go to trial at
the end of this year or early
next year,” he said.
Maxwell filed suit on her own
behalf and on behalf of her
newborn son, David Maxwell II,
born six months after his fa
ther’s slaying. She was pregnant
at the time of her husband’s
Psychiatric test ordered
lor Marvin Gaye’s father
United Press International
LOS ANGELES — A Munici
pal Court judge Wednesday or
dered a psychiatric study for
the preacher father of slain
soul-singer Marvin Gaye be
cause the lawyer for the elderly
man said he is incompetent to
stand trial for murder.
Judge Michael Tynan, who
entered a plea of innocent on
behalf of Marvin Gaye Sr., or
dered the retired minister held
without bail pending comple
tion of the psychiatric report,
which is expected to lake about
three weeks.
“It is my understanding he is
clearly incapable of under
standing these proceedings and
to undertake his own defense,”
Tynan said of Marvin Gaye Sr.,
granting defense lawyer Philip
Schreiber’s request for a psychi
atric evaluation.
Tynan delayed further court
proceedings until April 25,
when he said he would set bail
at $100,000 if it is determined
Gaye understands the nature of
the charges against him.
If the doctor reports Gaye is
incapable of understanding the
legal proceedings, and a judge
agrees, the retired minister
could be sent to a mental hospi
tal until he is able to aid his law
yer.
Schreiber, Tynan and Dep
uty District Attorney Dona
Bracke had huddled in the
judge's chambers to discuss the
competency issue in private be
fore holding the brief court ses-
•sion before a roomful of the
singer’s fans and reporters.
Gaye, who is charged with al
legedly shooting his Grammy-
award winning son through the
heart Sunday, did not utter a
word during the five-minute le
gal proceeding.
He reportedly is being held
in a high-security section of the
county jail because of alleged
death threats.
“Il is my understand
ing he is clearly inca
pable of understand
ing these proceedings
and to undertake his
own defense,” Tynan
said of Marvin Gaye
Sr., granting defense
lawyer Philip Schreib
er’s request for a psy
chiatric evaluation.
Schreiber earlier told report
ers the singer’s father is “a very
moral man, who in recent years
has become rather frail.”
“The thunder is out of the
man,” he said. “A lot of things
will be coming out which will be
surprising to the public.”
The younger Gaye was shot
twice in the chest at his parent’s
Los Angeles home Sunday af
ternoon following an argument
that began with his father Sat
urday night, police said. Police
said the fight was over an “im
material letter from an insur
ance company.”
Bracke said Gaye appeared
mentally competent to police
detectives when he was ques
tioned after the killing. Another
member of the district attor
ney’s staff said defense lawyers
frequently file incompetency
motions to delay a trial.
But Tynan, in his ruling,
said, “A doubt arose in my mind
as to the present sanity of the
defendant.”
Bracke said the prosecution
decided to file the murder
count, instead of a lesser charge
of manslaughter, because there
was a time lapse between a
physical altercation between the
two men and the shooting.
She said Gaye’s father got his
gun from his bedroom and
walked back to where his son
was standing.
The first shot, through the
heart, killed the entertainer in
stantly, she said.
The singer’s father then
waited a few moments, stepped
forward and fired a second shot
from his .38-caliber revolver
through the entertainer’s left
shoulder at such close range
that it left gunshot powder on
his son’s face, Bracke said.
Coverage of O’Bryan’s death
disturbs death row inmates
United Press International
HUNTSVILLE — The exe
cution of Ronald “Gandyman”
O’Bryan disturbed Texas death
row inmates, but apparently not
as much as media coverage of
the event, some inmates said
Wednesday.
Thomas “Andy” Barefoot,
39, considered the next inmate
likely for execution, criticized
reporters for defying O’Bryan’s
wishes to leave his family out of
the coverage.
Barefoot said the execution
scene resembled a “dog and
pony show.” However, Barefoot
was 13 miles away from the exe
cution chamber at Texas De
partment of Gorrections head-
(juarters.
“I was very much upset —not
that he was killed — but about
the exploitation of what went
down, ” Barefoot said.
O’Bryan, 39, was executed
Saturday for poisoning his 8-
year-old son with Halloween
candy in 1974 to collect insur
ance money.
Barefoot said the execution
did not bother him; he said that
as a Christian he is assured of
eternal life. He said he would
not grant extensive media inter
views prior to his scheduled ex
ecution to avoid news coverage
similar to that surrounding
O’Bryan’s death.
“I’m feeling like I’m not
going to be the next show
pony,” said Barefoot, sentenced
to die for the 1978 shooting
death of a central Texas po
liceman.
Jay Kelly Pinkerton, 22,
scheduled for execution May
31, also declined interviews be
cause he said the news media
had treated O’Bryan unfairly in
his final days.
Pinkerton was convicted in
the 1979 slashing death of an
Amarillo housewife during a
robbery.
Both Pinkerton and Barefoot
said the news media did not
give enough coverage to
O’Bryan's insistence 1 hat he was
innocent.
O’Bryan, dubbed “Gandy
man” by his fellow inmates, was
not well liked on death row.
When he died at 12:45 a.m.
Saturday, many death row in
mates nad already gone to
sleep. Others reflected on his
death in silence.
Following the Dec. 7, 1982
exeuction of Gharlie Brooks Jr.,
of Fort Worth, death row in
mates at Huntsville rattled their
cell bars and shouted in protest
against the killing.
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death, Sloan said.
David Maxwell, 20, an em
ployee of the restaurant, was
abducted around closing time
along with Mary Tyler, 37, Joey
Johnson, 20, Opie Hughes, 37,
and Monty Landers, 20.
Rusk Gounty Sheriff Mike
Stone said investigation contin
ues into the killings, but there
have been no new devel
opments.
“The Waco sheriffs office
had a boy we wanted to talk to
last weekend but he was just one
of thousands,” Stone said. “We
talked to him but that didn’t re
sult in any new leads.”
The five victims were taken
to an oil lease in adjacent Rusk
Gounty. Four were laid out face
down and shot in the back of
the head. Tyler apparently
tried to flee and was shot down
about 50 yards from the others,
investigators said.
■ n ■■■■■■ hi ■■■■■■■■■
Gather up all of your broken
baubles and bangles and bring
them in to
DOUGLAS JEWELRY
Culpepper Plaza
693-0677
and save 50% on most of
your jewelry repairs (watch
repairs and stone setting excluded)
Good thru April 30,1984
This coupon good at Culpepper Plaza
location only.
No charge cards accepted on this offer.
Must bring this coupon in when leaving repairs.
/
Today's Your Last Chance!
Joe Barton — Class of '72
Needs Your Vote on May 5th
But You Need to be registered to Vote
by today!
If you still need to register, go to the Aggies for 1
Barton table in the MSC where registration
cards and assistance are available.
aggies For
bXrw*
Congress
For more information on how you can
help elect Joe Barton, call 846-0697
FREE DRUNKS
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with any Pizza delivered thru Easter!
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