C M Y K 50 inch

Faces of the Tri-State Showers later in the day ‘One game at a time’
Co-founder of HOT, Helen Freeman,
makes a difference teaching at HHS
Community / 1C
65 50
Weather / 6A
Marshall sticks to motto, focusing
on next C-USA clash at UCF
Sports / 1B
sunny mostly sunny mostly cloudy cloudy rain thunderstorms snow

Huntington, West Virginia www.herald-dispatch.com First Edition 50¢

Council unanimously approves trail funding

By BRYAN CHAMBERS Trail for Health. for a Congestion Mitiga- Park to 3rd Street West, connect existing path- Huntington Hospital, St.
The Herald-Dispatch The city will commit tion and Air Quality grant while the other will con- ways to newly construct- Mary’s Medical Center and
bchambers@herald-dispatch.com $113,100 for the project, for the construction of nect the riverfront park ed walkways and some Marshall.
H U N T I NGTON — which is the same amount two segments of the trail, to McClelland Park in special bicycle lanes on T he Pau l A mbrose

TUESDAY Huntington City Council

unanimously approved a
resolution Monday eve-
October 27, 2009 ning committing funding
toward the Paul Ambrose
In TODAY’s paper...
the Rahall Transportation
Institute at Marshall Uni-
versity is committing.
The funding will be used
as a local match to apply
according to Charles Hol-
ley, director of develop-
ment and planning.
One segment will con-
nect Harris Riverfront
Highlawn. Portions of the
trail in Highlawn will use a
share-the-road concept on
existing streets.
The 26-mile trail will
Huntington streets. The
finished project will con-
nect all of the city’s parks
Trail for Health honors
the memory of the Cabell
County native and Marshall
to each other and its three
largest employers, Cabell Please see COUNCIL/6A

Truck driver charged Wayne policy

questioned
in wheelchair accident by towing
    
Sponsored by:
companies
Ethics commission
looks into preferential
CSI hits treatment allegations
Huntington By CHRISTIAN ALEXANDERSEN
MU Forensic The Herald-Dispatch
calexandersen@herald-dispatch.com
Science Program’s WAYNE — Some towing companies
“CSI: Huntington” in Wayne County claim that local law
played host to 15 enforcement officers are using their power
to unfairly give friends and family mem-
people who showed bers involved in towing more business.
up for the first The West Virginia Ethics Commis-
course in a four- sion is looking into allegations that some
companies get preferential treatment.
week program at The Wayne County Office of Emergency
their crime scene Services sent on Oct.
house downtown. 19 about 100 pages of “Nine out of
tow logs to the com- 10 times, the
Local / 3A mission for its review.
It was unknown who
owner has a
request of who
Bryan Adams filed the complaint.
But Braxton Adkins, they want.
Unless they’re
in concert who started JB’s Tow-
ing & Auto Salvage in from out of
Huntington in 2001, town, they know
After three decades said he’s hired a law-
and the sale of 60 who they want
yer in hopes of chang-
million records,
Curtis Johnson/The Herald-Dispatch
ing Wayne County’s
to tow their
Wayne County Prosecutor Tom Plymale, left, joins another ordinance to allow vehicle.”
Bryan Adams is investigator at one of four scenes linked to a fatal accident Monday
equal towing for every Jim Cooper
bringing his solo morning in Kenova. Authorities said the rear portion of a tractor-
trailer hit a disabled man as he crossed 14th Street. towing service in the operations supervisor
acoustic show to county. Another tow- at Wayne County
ing company operator, Dispatch 911

Kenova man killed

the Paramount Arts who declined to be
Center at 8 p.m. named, said he also questions the current
Thursday, Oct. 29. system’s fairness.

while crossing street

Life / 4C Earlier this year, Wayne County Com-
mission re-approved an ordinance laying
out a three-step procedure for calling a
Max & Erma’s By CURTIS JOHNSON chair lay next to the curb at Syca-
towing company when a vehicle in an
accident requires towing.

in trouble? The Herald-Dispatch

cujohnson@herald-dispatch.com
more Street, south of the town’s
green-painted underpass.
The procedure is to be carried out in this
order: owner’s choice, the closest available
Max & Erma’s KENOVA — Investigators Police credited another motor- and capable towing service and police
charged an out-of-state tractor- ist with chasing the tractor-trailer officer’s discretion. The closest available
Inc. has filed for trailer driver Monday in connec- and forcing it to stop just north towing service is to be determined by the
Chapter 11 bank- tion with the death of a disabled of the Interstate 64 interchange, business located closest to the accident
ruptcy protection man who was well-known to approximately three-quarters of as defined by the address of the towing
many people in Kenova. a mile from the crash site. service filed with the Public Service Com-
in Pittsburgh listing Deris Scott, 68, died about 10 The driver — Michael J. Joyce, mission of West Virginia, according to the
between $1 million a.m. Monday after his motorized 43, of South Carolina — was ordinance.
and $10 million in wheelchair collided with the rear charged with felony negligent Commission President Charles Sam-
portion of a wide-turning tractor- homicide, along with two mis- mons said the governing body decided to
debts. trailer. The impact knocked Scott demeanors, failure to stop at renew the ordinance because it was a good
Business / 5B to the ground, but the truck con- the scene and accident causing policy that was followed and understood
tinued on, dragging the wheel- death, said Bob McComas, chief throughout the county.
Index chair underneath its trailer. of the Kenova Department of However, Jim Cooper, operations super-
Pieces of the wheelchair Public Safety. The chief described visor at Wayne County Dispatch 911, said
Business 5B Local 3A stretched for a quarter mile. The the crash as “a freak accident,” his employees have always followed a
Classified 1D B. Lucas 4C base landed two blocks south, but tragic. Indications were the two-step process for towing and not the
Comics 6B Movies 5C next to a grocery store at Chest- mandatory three-step process.
Crossword 3D Nation 5A
nut Street. The actual padded Please see ACCIDENT/6A
Editorials 4A Obituaries 2C
Horoscope 5D Sports 1B
Please see TOWING/6A
Life 4C Television 5C
©
Champion Publishing, Inc. Jump in swine flu vaccine DEA agents among dead in Afghanistan
supply expected in W.Va.
www.herald-dispatch.com KABUL — A U.S. UZBEK.
Huntington, West Virginia military helicopter TAJIK.
Vol. 109 No. 300 Helicopter
TURK. HeT
crashed Monday crashes cra
while returning from Badghis
province Kabul
By JOHN RABY More inside: the scene of a fire-
fight with suspected AFGHANISTAN
The Associated Press ON 3A: Shots available at Lawrence County Health Dept. Helmand
CHARLESTON — State ON 3C: Flu clinics in Cabell and Wayne counties Taliban drug traf- province PAK.

health officials estimate the fickers in western 0 200 mi

availability of swine flu vaccines months to 24 years, and people ages 25 to 64 with Afghanistan, killing 0 200 km

for shipment to West Virginia should underlying health risks. 10 Americans includ- SOURCE: ESRI AP SOU

more than double in the coming weeks and Slemp says those groups comprise about half ing three DEA
increase dramatically in December. of the state’s 1.8 million residents, but there’s only agents in a not-
<AP>
Joseph B. Dr. Cathy Slemp, the state health officer, said enough vaccine to cover up to 5 percent of the so-noticed war
UPDA
Touma, MD Monday the H1N1 vaccines are currently targeted population. within a war.
Editor’s
TOUMA
Note: It is mandatory
AND to include
map lo
for five higher-risk groups. They include pregnant Slemp says most vaccines are currently being AUDIOLOGY
AUDIOLOGY AND where
all sources that accompany this graphic
Ear,
EARHearing
AND women, health-care workers, caregivers of chil- shipped to public health departments, but eventu- More on 5A HEARING
HEARING
HEARING
when
AIR
repurposingAID
AID CENTERS,
CENTER,
CENTER,
or editing it for inches
&BALANCE
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dren younger than 6 months old, people ages 6 ally more private clinics will receive them.
publication INC.
INC. -Afgha
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Specialist <AP>

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6A The Herald-Dispatch — Huntington, WV, Tuesday, October 27, 2009 Local Questions? Call the newsroom at 304-526-2798 www.herald-dispatch.com

WSAZ FIRST WARNING WEATHER

Tri-State HIGH: 65 LOW: 50 RAINY LONG-RANGE FORECAST
from the National Weather Service
PRECIPITATION
as of 9:05 p.m. from the
National Weather Service

Weather
YESTERDAY’S TEMPERATURES
Hi Lo
Albuquerque 54 39
Anchorage 41 39
Asheville 64 40
Atlanta 65 49
Atlantic City 62 42
Baltimore 62 39
Boston 57 45
Buffalo 64 37
Burlington,Vt. 51 31
Charleston,S.C. 64 60
Charlotte,N.C. 61 48
Chicago 55 51
Dallas-Ft Worth 54 54
Denver 55 21
Des Moines 54 40
Detroit 64 42
Duluth 42 39
El Paso 61 47
For school closings, road conditions and latest forecasts,
go online to www.herald-dispatch.com/weather
Today will be mostly cloudy and breezy with showers later in the day with a high of 65
degrees and a low of 50 degrees.
Watch WSAZ’s First Warning Weather with meteorologists Tony Cavalier, Josh
Fitzpatrick Fitzpatrick, Marina Jurica and Chris Bailey.
Hi Lo
Fairbanks 24 18
Greensboro,N.C. 62 46
Honolulu 88 75
Houston 70 64
Indianapolis 68 43
Jacksonville 77 56
Kansas City 56 41
Little Rock 60 55
Los Angeles 91 60
Memphis 73 49
Miami Beach 88 74
Milwaukee 53 52
Mpls-St Paul 50 42
Nashville 69 38
New Orleans 69 58
New York City 60 46
Norfolk,Va. 65 54
Orlando 88 66
Hi Lo
Philadelphia 64 46
Phoenix 84 59
Pittsburgh 66 36
Raleigh-Durham 64 44
Reno 74 38
Richmond 65 43
Sacramento 78 51
St Louis 56 54
St Petersburg 85 66
Salt Lake City 57 32
San Diego 85 59
San Francisco 69 57
Santa Fe 50 32
Seattle 52 47
Tampa 85 61
Tucson 83 50
Tulsa 60 49
Washington,D.C. 65 45
REGIONAL FORECAST
Today Tomorrow
Charleston 64 46 Cldy 66 52 Cldy
Cincinnati 64 43 Rain 63 51 Cldy
Lexington 61 45 Rain 64 51 Cldy
Louisville 62 47 Rain 66 51 Cldy
CHARLESTON: A slight chance of showers
after 2 p.m. Mostly cloudy, with a high near 63.
Light and variable wind. Chance of precipitation
is 20 percent.
BECKLEY: A chance of showers, mainly after
3 p.m. Cloudy, with a high near 58. Light south
wind. Chance of precipitation is 30 percent.
New rainfall amounts of less than a tenth of
an inch possible.
PARKERSBURG: Increasing clouds, with a high
near 62. Calm wind becoming south around
5 mph.
MORGANTOWN: Partly sunny, with a high near
62. Calm wind becoming south around 5 mph.
Total past 24 hours: none
Wednesday: A chance of showers, mainly Total this month: 2.07 inches
before 9 a.m. Mostly cloudy, with a high near 66. Total this year: 41.67 inches
West wind around 7 mph. Chance of precipita-
tion is 30 percent. New rainfall amounts between TEMPERATURES
a tenth and quarter of an inch possible. Wednes- Sunday’s high: 63
Sunday’s low: 34
day Night: Partly cloudy, with a low around 47.
Monday’s high: 69
Calm wind. Monday’s low: 33
High one year ago yesterday: 69
Thursday: Sunny, with a high near 73. Thurs- Low one year ago yesterday: 40
day Night: Partly cloudy, with a low around 53. Normal high: 63
Normal low: 41
Record high: 87 in 1939
Friday: A chance of showers. Mostly cloudy, Record low: 21 in 1962
with a high near 72. Chance of precipitation is
Sunrise today: 7:51 a.m.
30 percent. Friday Night: A chance of showers. Sunset today: 6:36 p.m.
Cloudy, with a low around 55. Chance of precipi-
tation is 50 percent. OHIO RIVER
Huntington: 26.23 feet, rising
Ashland: 34.46 feet, steady
Saturday: A chance of showers. Mostly
TRAVEL FORECAST
cloudy, with a high near 67. Chance of precipita-
Hartsfield Atlanta International Air-
tion is 50 percent. Saturday Night: Mostly cloudy,
port: CLOUDY, 71/53
with a low around 45. Douglas International Airport, Char-
lotte, N.C.: CLOUDY, 76/57
Pittsburgh International Airport:
RAINY, 59/49

Accident “He was just a very nice

n Continued from 1A
driver never saw Scott crossing
the intersection and never real-
ized the collision had occurred,
McComas said.
Kenova Elementary School
custodian Steve Sullivan and
Bernard Little were among the
first witnesses to respond. Sul-
livan heard the collision and
watched sparks fly as the truck
drove away. He yelled and
motioned for its driver to stop
to no avail.
L itt le hea rd t he i mpact
from across U. S. 60 at the
Dollar General. Little, a mem-
ber of the store’s management
tea m, r ushed to the crash
and placed his jacket over
Scott’s body. He died within
moments.
Word quickly spread to Scott’s
brother, Ara. He hurried to the
scene looking for answers.
“He was a great guy, every-
body liked him,” he said.
Scott was a double ampu-
tee whose disability stemmed
from his previous work with
the state Division of Highways.
Ara Scott said his brother’s
disability led him to befriend
others who used wheelchairs.
They frequently moved around
the town.
Used car dealer Ron Fergu-
son frequently saw Deris Scott
pass by and described him to
be a local fixture. Ferguson’s
dealership is located at 14th
Street and U.S. 60. He heard
Monday’s impact, but initially
believed the truck hit the curb
or a utility pole. He estimates
he hears that sound 50 times a
day, but he said this sound was
man. He would always
speak to the kids and say,
‘I hope you have a good
day.’”
Anndrea Meadows
Kenova Elementary aide
different.
“This one was a little bit loud-
er than usual,” he said.
Kenova Elementa r y sits
across 14th Street from Fergu-
son’s dealership. Employees at
the school were among those
who reportedly witnessed dif-
ferent aspects of the crash.
Principal Deidre Farley heard
sirens from the responding
officials. Some of her teachers
saw its aftermath. She said the
students were shielded from
the scene; classrooms did not
have windows facing the crash
site.
United Bank employee Mor-
gan Keyser heard the impact a
block away. She looked outside
and saw the smoke coming from
the wheelchair at Chestnut and
14th streets. She said 14th Street
motorists travel too fast without
paying attention, causing each
intersection to be particularly
dangerous.
“It’s ridiculous. It really is,”
she said.
McComas said pedestrian-
involved crashes are rare in
Kenova, but he acknowledged
14th Street and its intersections
can be dangerous because of
vehicle speed as motorists use
the city route as a short cut from
Interstate 64 to U.S. 60. He esti-
mates officers have written 25 to
30 tickets during the past two
weeks.
Farley was not among those
who believe the intersection is
overly dangerous, but she said
safety concerns do keep her
from allowing students from
crossing at the busy intersec-
tion. She said a city police
officer also watches the area
when children are near the
road.
Farley’s preschool students
were among those used to see-
ing Deris Scott out and about.
Aide Anndrea Meadows and
her students would frequently
see Deris Scott on walks to the
library.
“He was just a very nice man.
He would always speak to the
kids and say, ‘I hope you have
a good day,’” she recalled. “I’m
going miss him, but I think the
kids will miss just saying ‘Hi.’
He was just a common guy
they always saw.”
McComas also was accus-
tomed to seeing Deris Scott
wheel through downtown. The
chief said he became emotional
during interviews earlier in the
day.
“He was a super nice guy,”
McComas said. “Life is so timid.
One minute you’re here. The
next minute you’re dead.”
Investigators closed 14th
Street between Chestnut and
Oak streets to reconstruct the
crash.
The Kenova Department
of Public Safety investigat-
ed the crash with assistance
from the West Virginia State
Police, Wayne County Sher-
iff ’s Off ice and the Wayne
County Prosecutor’s Office.
An enforcement unit from the
state Public Service Commis-
sion also was involved since
the accident included a com-
mercial vehicle.
Towing
n Continued from 1A
If the vehicle owner does
not have a preference in a
towing company, Cooper said
law enforcement officials use
their discretion in determin-
ing which company gets the
call.
Cooper said he doesn’t think
it’s a conflict of interest for law
enforcement officers to make
the decision on which wrecker
service to call. That’s because
most of the time officers don’t
have to use their discretion,
Cooper said.
“Nine out of 10 times, the
owner has a request of who they
want,” Cooper said. “Unless
they’re from out of town, they
know who they want to tow
their vehicle.”
Bill Willis, director of the
Wayne County Office of Emer-
gency Services, defended the
dispatchers for taking the calls
from police officers on the
scene and sending out wreck-
ers. It is not the responsibility
of the dispatchers, Willis said,
to decide which towing com-
pany gets the call.
“I won’t allow my dispatchers
to make that decision because
there’s always allegations that
dispatchers pick their favor-
ites,” Willis said.
Sammons said he assumes
there must be a misunder-
standing between the commis-
sion and the Wayne County
Dispatch 911. Sammons said
he wouldn’t discuss any pos-
sible penalties associated with
not following a county ordi-
nance.
“If the ordinance isn’t being
followed, we’ll want to know
why it’s not being followed,”
Sammons said.
It is state code that any coun-
ty operating an emergency tele-
phone system establish a policy
that provides “the most prompt,
fair, equitable and effective
response to requests or dis-
patches for emergency towing
service.”
Adkins claims that his com-
pany has received about 50 tow-
ing calls from the county since
he began his business. Other
companies who have friends
and family members in local
law enforcement, Adkins said,
are the ones more likely to get
calls.
“If we relied on calls just
in Wayne County, we’d go
out of business,” Adkins said.
“We can fix this in 15 min-
utes. When (officers) call 911,
tell them to use the closest
service.”
Tow logs from Wayne County
Dispatch indicate that 31 calls
for towing services were made
in September. Seven companies
received calls but JB’s Towing
was not one of them. Maynard’s
Wrecker Service in Wayne
received the most calls, 12, in
the one-month period.
By comparison, JB’s Towing
received 24 out of 265 towing
calls from Cabell County Dis-
patch 911 during the same time
period. Cabell County has a
much different process than
Wayne. It uses U.S. 60 at Yates
Crossing as the dividing line for
the towing companies located
in the north and south of the
county. Two companies in each
section are on call alternating
days. That gives tow companies
equal opportunity to get busi-
ness from the county.
When Cabell County’s tow-
ing policy was passed in June,
Assistant County Manager
Chris Tatum said the new poli-
cy would ensure only the desig-
nated wreckers are responding
to the calls. The policy would
lessen the confusion about
which companies are respond-
ing to emergencies on given
days, he said.
Michelle Maynard, co-owner
of Maynard’s Wrecker Service,
said she doesn’t receive any
special treatment from law
enforcement officials. Maynard
said her towing service might
have received the most amount
of calls because they cover a
large portion of Wayne and
East Lynn areas of the county
and have been in service for
more than 40 years.
“We just do our business and
keep our noses out of other
people’s business,” Maynard
said.

Council est of a series of disputes over a

n Continued from 1A
University School of Medicine
graduate who died on American
Airlines Flight 77 when the jet-
liner crashed into the Pentagon
on Sept. 11, 2001.
The 32-year-old physician
was senior clinical adviser to
the U.S. Surgeon General and
was involved in federal research
on the escalation of obesity in
the United States.
Work on the trail should begin
in a year and be completed in
two years.
Also Monday, the council
adopted 7-4 a resolution affirm-
ing a court settlement in the lat-
policy that requires city workers
to live in Huntington.
Under the settlement, which
already was entered as an order
by Cabell Circuit Judge Jane
Hustead on Friday, all current
city employees will be exempt
from the residency require-
ment. All workers hired after
the settlement date, however,
fall under the residency provi-
sion.
Voting for the settlement were
Nate Randolph, Steve Williams,
Mark Bates, Frances Jackson,
Scott Caserta, Sandra Clements
and Teresa Loudermilk. Voting
against the settlement were Jim
Insco, Russ Houck, Jim Ritter
and Rebeccah Thacker.
The same resolution was
rejected in August by a 6-5
vote. Williams and Bates were
the two swing votes this time,
citing new information they
gathered in executive sessions
last month.
Williams and Bates said they
changed their opinion on the
settlement because had the
case been allowed to proceed
in court, Hustead could have
ordered the city to strictly
enforce the residency require-
ment on all current employ-
ees.
That could have meant as
many as 57 of the 109 mem-
bers of the Huntington Police
Department could have lost
their job, Williams said.

Other City Council action
Here's a look at other
actions taken by Huntington
City Council on Monday night:
FIRE TRUCK: The council
unanimously approved the
purchase of a new fire truck
for the Westmoreland Fire
Station. The truck will cost
$347,680 and will be paid for
from the Westmoreland Fire
Levy Fund.
KEITH-ALBEE: The coun-
cil unanimously approved a
resolution allocating $50,000
to the Keith-Albee Performing
Arts Center for the construc-
tion of accessible restrooms.
The money had previously
been allocated for a business
improvement district in the
downtown, but it was never
established.
LAW ENFORCEMENT: The
council advanced to second
reading of two separate ordi-
nances involving the Police
Department. The first is for the
purchase of four new police
cruisers at a cost of $97,160.
The funding for the purchase
comes from an Edward G.
Byrne Department of Justice
grant.
The second ordinance will
furnish the Police Depart-
ment with IT support through
the placement of a full-time
$45,000 a year and contracted
through Mountain State Com-
puter and Network Solutions
Center. The position also
would be funded with a Byrne
grant.
DEMOLITION: The council
unanimously approved the
second reading of an ordi-
nance that renews the city’s
annual contract with R&B
Tassen Construction for
demolition and site clearance
of dilapidated structures. The
terms of the contract, $2.75
per square foot, does not
change.
Development and Plan-
ning Director Charles Holley
said the contract quickens the
demolition process because
the city no longer has to get
approval from City Council
every time it needs to tear
down a structure.
LAND BANK: The first read-
ing of an ordinance authorizing
the mayor to transfer a handful
of city-owned properties to the
Huntington Urban Renewal
Authority moved to a second
reading.
The properties will be col-
lateral for a $1.5 million line
of credit that HURA is getting
to purchase delinquent tax
liens at Cabell County’s tax
auction next month. The effort
The properties to be trans-
ferred include the Weed and
Seed Center and a vacant lot
behind the center, a vacant
lot behind the Fairfield East
Community Center and three
vacant lots in the 2800 block of
8th Avenue.
FEES: The council unani-
mously approved the second
reading of an ordinance that
authorizes the city to file liens
against property owners for
unpaid municipal service and
refuse fees.
STORMWATER: The council
unanimously approved the
second reading of an ordi-
nance that authorizes the city’s
participation in an intergov-
ernmental agreement to con-
solidate resources and raise
awareness about new federal
stormwater regulations.
The agreement, which would
eventually become known as
the Greater Kanawha Val-
ley MS4 Association, could
include Kenova, Barboursville,
Hurricane, Ceredo, South
Charleston, Charleston, Dun-
bar, Nitro, St. Albans, Poca,
Milton, the West Virginia
Department of Transportation,
Marshall and West Virginia
State University.
The association’s budget
will be approximately $46,000
201850

technician at the department. is part of the city’s land bank and consist of funding from the
The employee would be paid program. participating entities.