Arizona Daily Sun from Flagstaff, Arizona • 2

2 The SUN, Flagstaff, Arizona, Sunday, December 20, 1987 Murdr charged in unhrn fetus' death County. Facts in the case indicate the father of the unborn child urged the defendant to shoot the mother In the stomach because the father indicated he wanted to avoid child-support payments. Meanwhile, in the Brewer case, Newton said that in addition to proving Brewer killed Brier, prosecutors must prove that Brewer allegedly intended to kill the unborn fetus as well. Prosecutors say they have evidence indicating Brewer wanted the unborn child dead. According to police reports, Brier died after being strangled with a necktie.

Reports say she also had been bitten. According to observations by a reporter with The Sun, Brier had several facial injuries, indicating she had been struck in the face. Reports allege that after the slaying Brewer took a shower, walked to a bowling alley near the couples residence, phoned police and told a dispatcher he had witnessed a homicide. When officers arrived, he allegedly admitted he killed Brier and led police to a bedroom where the body was found lying on the floor. Police reports quote Brewer as uttering good when he was told by police that Brier was dead.

Reports also quote him as saying he loved her and that he felt she was in a better place now. Newton said if fails to win a con: viction in the second first-degree murder count against Brewer, he will appeal. Brewer has no attorney to represent him in the second murder count. Flagstaff attorney William B. Hurst is representing Brewer in the first murder count.

Hurst told The Sun Saturday he is unsure whether the court will appoint him to represent Brewer in the second murder count involving the death of the fetus. involved, Newton said, Its a philosophical issue, its a religious issue, its a moral issue now, Im going to make it a legal issue. He continued, I think we need a definitive ruling on this from the Supreme Court of Arizona. Newton said he will base his arguments on an Arizona Supreme Court ruling involving the death of an unborn child in a civil suit and on an Arizona statute. In the civil suit, the Supreme Court handed down a decision in April 1985 in Summerfield vs.

State of Arizona that a fetus is a person if it is viable whether the fetus could survive if taken out of the mother. According to medical authorities, a fetus has a chance of surviving generally sometime after 20 weeks. Were at 22 to 24 weeks, Newton said, referring to the Brewer case. However, theres a lot of kids who have survived down to 20 weeks. The other argument Newton said he intends to use in the case is Arizona statutory law in which a death certificate is required if an unborn fetus, 20 weeks or older, dies.

Conserning the Brewer case, Newton said a similar case was tried in Cochise County, in which an alleged triggerman was indicted on first-degree murder after he reportedly fired gunshots into a pregnant woman, killing the fetus, which was nearly 9 months old. The woman survived. In 1982, the state Supreme Court essentially said the man could not be convicted on first-degree murder. However, the 1982 ruling was before the Summerfield case was resolved, Newton pointed out. Verkamp said he and prosecutors conferred with Dennis Lusk, who prosecuted the case in Cochise BYTEDBARTIMUS Sun Staff Reporter The Coconino County grand jury Thursday indicted John George Brewer on first-degree murder for the death of his reported unborn child, possibly paving the way for a precedent in Arizona to determine when a fetus is considered a person under criminal law.

The action is practically assured a ticket to the Arizona Supreme Court, with either prosecutors or defense lawyers likely appealing whatever ruling from the Coconino County Superior Court. Brewer, 22, is accused of killing his pregnant girlfriend Nov. 11 in the residence the pair shared at 1629 N. East St. Police reports indicate Rita K.

Brier, 23, was about five months pregnant with Brewers child. Brewer was indicted by the grand jury in November for allegedly beating and strangling Brier to death. He is being held in Coconino County Jail without bond. His trial in that death is set for Dec. 29 in Division 2 of Superior Court.

Coconino County Attorney John Verkamp said his office researched the subject before taking the second murder count to the grand jury. Thats why we held off for a month, he said. Ive talked to the people with the Arizona Prosecutors Advisory Council, and weve done a lot of research on the issue before taking it to the grand jury. Coconino Deputy County Attorney Fred Newton said Arizona has no law, fashioned by the courts or the Legislature, that defines when an unborn fetus is a person under criminal law. Its a difficult legal issue, but an issue that should be pursued, Verkamp said.

Considering the legal fights likely Sun Photo by Karen M. Bullock Flagstaff's Frosty Paul Spudis and his daughter Diane, didn't frosty friend because the snow was not wet have anything planned Saturday afternoon, enough. With better snow, the two have so the new snow provided some entertain- created a number of sculptures over the ment In the form of a snowman. It took the years, Including a penguin, two approximately one hour to create their hopefuls Former Flagstaff business owner, booster Souris dies "A few of us, as individuals, have suggested to (Yavapai County Supervisor) Wes Mauldin the people we think should be considered. But the board of directors doesnt feel it can speak on behalf of the members without surveying them.

In political questions, we dont feel we can commit the organization to individuals. However, a slate of prospective apointees is expected to be endorsed by the Sedona Coconino Taxpayers Association, which has between 300 and 400 members, according to Jane Welton, president of the organization. We will because that is our purpose the taxpayers group is set up to assist people in making decisions, Welton said Friday. The associations board of directors plans to meet at 9:30 a.m. Dec.

30 to select prospective appointees for endorsement, said Welton. Welton said her group does pot plan to interview prospective appointees because we know most of them frankly. The Sedona Licensed Contractors Association, which has about 90 members, also plans to meet early next week to consider the possibility of endorsing prospective appointees, Tom Moore, immediate past president and board member of the organization, said Saturday. It is an issue that we talked about a little and we would love to see someone involved in the association get involved in the council. We definitely need to take a serious look at it, said Moore.

CONTINUED FROM PAGE 1 Availability of the former steering committee members to run for office in May is welcomed by Walter Flynn, president of the 900-member civic organization Keep Sedona Beautiful. There are some very able people who will not be available for the council at this time. But the election is not very far off, and there will be quite a few able people available then, Flynn said Friday. Members of the steering committee included Bricker, Kantor, Ted Foley, Jim Eaton, Lew Levin, Linda Martinez, Ann Sibel, Marian Herman, Thron Riggs, Joanna Newman, Chuch Swartwout, Bob Johnson and Betty Porzak. Meanwhile, selecting a competent seven-member council could prove a difficult task because health problems and time constraints limit the pool of prospective appointees, said Flynn.

The board of directors for Keep Sedona Beautiful will not formally endorse a candidate, said Flynn. An individuals support of an applicant seems to us to be a more sincere method than endorsement by a large, organized group, Flynn said Friday. The 650-plus member Red Rock Taxpayers Association also will refrain from endorsing any prospective appointees, said Howard Craig, second vice president of the organization, said Friday. Wholesome Coffee Shop, in the old Bank Hotel. In 1946, he opened Tonys Steak House, which became Grannys Closet, and operated that business until his retirement.

He was a founder of the Townjacks and also a leading member of both the Flagstaff post of the American Legion and the Flagstaff Elks Lodge, leading campaigns that gave both organizations their permanent homes. He was a lifetime member of both the Elks and the Legion, and also was an honorary member of the board of directors of Flagstaff Medical Center. During World War II, he was a leader of the successful drive in Flagstaff and Coconino County for the sale of war bonds. Survivors include his wife, Alima, Lake Montezuma; a son, Harold, Phoenix; a daughter, Frances S. Jackson, Flagstaff; five grandchildren and eight greatgrandchildren.

The family suggests memorials to the American Heart Association, Arizona Affiliate, 1445 E. Thomas Road, Phoenix, 85014. COTTONWOOD Anthony H. Tony Souris, longtime Flagstaff businessman and community booster, died Dec. 18 at Marcus J.

Lawrence Memorial Hospital. He was 91. Mr. Souris, who came to the United States as the result of a shipwreck during World War once owned and operated two popular Flagstaff restaurants and was a founder of the original Northern Arizona University booster group, the Townjacks. Services will be at 1 p.m., Monday, at Epiphany Episcopal Church, with the Rev.

John Larson presiding. Burial will be in Citizens Cemetery. Mr. Souris was born July 15, 1896, on the island of Kythera, Greece, and during World War I was a cooks helper aboard a Greek passenger ship. The ship was sunk and Mr.

Souris was rescued from a life raft and brought to New York. He then enlisted in the U. S. Army and served for the duration of the war as a mounted military policeman. He moved to Flagstaff in 1938 and opened the Shuttle booster test scrubbed BRIGHAM CITY, Utah (AP) A full-scale test firing of a redesigned space shuttle booster was scrubbed Saturday in the countdowns last second when the rockets ignition system failed, officials said.

A decision on rescheduling the test, considered a crucial milestone in the resumption of manned U.S. space flights, will not be made before Sunday afternoon, said Allan McDonald, Morton Thiokol Inc.s vice president for shuttle engineering, The earliest a new test could be conducted would be at 1 p.m. Mon day, McDonald said. A safety device in the rockets ignition system halted the countdown, McDonald said. Either the device, which is part of the booster, failed or the fire-control circuit feeding it information malfunctioned, he said.

McDonald said engineers would have to examine the device before determining the exact cause. Its unfortunate, McDonald said of the scrubbing. Its a great disappointment to us. Royce Mitchell, manager of the NASAs Solid Rocket Motor Program Office, said the problem was minor. Earlier, the test-firing was delayed twice.

A computer caused a two-hour wait when it malfunctioned during the last in a series of dry-run countdowns, said John Thirkill, vice president for space operations at Thiokol, which builds the booster. The computer aborted that countdown just two seconds before mock ignition, Thirkill said. A second delay occurred when a spot of frozen fuel was found inside a fitting. Northland Today A representative of the child services divsion of the Arizona Department of Economic Security then took custody of the child. The would-be burglar probably still is hungry.

Flagstaff police were called to a business on North Fourth Street late Friday to investigate an open window and found themselves in familiar surroundings, the location of an arrest some hours before. Investigators said it appeared that the building had been closed at the time of the arrest and then entered by someone later; someone who took a box of hamburger two boxes of hotdogs, and a sack of' hamburger buns as far as the counter of the small restaurant and then left them. Police put the food back in its, proper place and locked the building, again. I I In the 24 hours ending at midnight Friday, Flagstaff police investigated 20 traffic accidents, none resulting in fatalities. Police made 29 arrests in the period, including, six for driving under the influence, and answered 154 calls.

Denny C. Brown, 21, and Merrillee Tom, 18. Jack Arthur George, 42, and Toni Lynn Colvin, 39. Evan Jeffrey Midling, 32, and Patricia Ann Vidlng, 25. Boyd Harvev Upton.

32, and Tammy Lynn Knochel, 22. Jose Cruz Mata, 24, and Kathleen Delmar, 28. Dec. 17 David Everest Davison. 20, Julie Marie Mayes, 19.

Joseph John Chavey, 23, and Karen Marie Diaz, 23. James Robert German, 41, and Lynda Jo Woods, 23. Dissolutions Mary Jennette Marvin and Richard Allen Marvin. Tomta Morales and Ray Morales. PeteJ Jauregui and Angelina C.

Jauregul. Edward Weston Peacock and Patricia Jean Cazel. Maria Cristina Gill and Richard Gill. Vicki Hashemi-Hosseini and Abolghasem Hasheml-Hosseini. Eugenia Valentine and Michael Lee Valentine.

Margaret Redsteer and Robert W. Redsteer Jr. Tom Lynn Colvin and Donald Colvin. Patncia Jo Meade and Richard Charles Meade. Fire log Friday 12 52 a m.

423 Lake Mary Road, residential fire 9 05 a m. 399 Malpais Lane, first aid 9 51 a m. 410 W. Apache Road, first aid 11 Ham 1120 W. Kaibab Lane first aid 12 15 m.

400 Elm first aid 3 12 m. 4030 E. Butler vehicle fire 3 39 m. U.S. 66, Milepost 193.2, first aid 5 06 m.

518 W. Tucson first aid 5 31 m. 913 W. Clay natural gas leak 7 21 m. 1850 N.

Turquoise Drive, first aid CRIMESTOP 774-1234 Coconino County Sheriffs Department deputies have taken over investigation of a possible case of child abuse in which a father reportedly left his infant daughter in a sink with hot water running. Police investigators said the father brought the 3-month-old infant to the emergency room of Flagstaff Medical Center around 4:30 p.m. Friday, suffering third-degree burns over approximately 80 percent of her body. Hospital authorities called Flagstaff police and investigating officers were told by the father he had been bathing the infant in a sink and left her in the sink with the hot water running while he went outside to check on his dog. When he returned, the man told officers, he noticed welts were beginning to swell on the childs body.

He took the baby, officers said, to the office of a pediatrician and was told to take her to FMC for emergency treatment of the injuries. He was warned by police he was suspected of child abuse, and evidence pictures were taken at the hospital. Police then learned the Incident had taken place outside the city limits. Case and evidence were turned over to county authorities. New citizens Dec.

5 James and Julie Lupton, Grand Canyon, boy, 8 pounds, ounces. Manuel Ruiz and Beatriz Montelongo, 1980 Kalbab Lane, No. S5A, boy, 6 pounds, 15 ounces Thomas and Kathleen Carpenter, P.O. Boi 245, boy, 6 pounds, 9 ounces Dec. 8 Brian and Stephanie Blood, Rt 3 Bo 190, girl, 4 pounds 18 ounces.

Christopher and Ladena Dennison, Wiliams, girl, 8 pounds, no ounces. Dec. 9 John and Kristi BerrytuU, 2820 W. Darieen Drive, boy, 7 pounds, 4 ounces Dec. 10 Gregg and Donna Thalheimer, 375 E.

Choctaw, girl, 7 pounds, 8H ounces. Paul Sanchez and Teresa Mueller, 1182 Tovar Trail No. 19, boy, 4 pounds, no ounces Marvin and May Sharp, 700 S. Blackbird Roost, No. 147, boy, 8 pounds 144 ounces Patrick and Anita Knmmer, 18 E.

Juniper girl, 8 pounds, 11 ounces Dec. 11 Donald Grassmuck and Sheila Walsh, O. Box 2996, girl, 8 pounds, 15 ounces. Marriages Dec. II Jonathan Robert Ogelsbee, 28, and Cherl Ann Famam, 23.

Henry Robert Anaya, 59, and Genet Lucille Howard, 43. Timothy Robert Hinderllter, 22, and Heather Ann Goodwin, 19. Dennis Cattlechaser, 68, and Mannie Manygoats, 57. Chaz Stephen Zahnley, 38, and Hilary Marie Fuerst, 28. James Woodrow Farr, 41, and Nancy Roth Hardy, 40.

John Armando Rivas. 22. and Nancie Ann Slater, 22. George Francis Russel Stonier-Hamnett, 50, and Yvonne Marie Dauphin, 40. Lonnie Arrington, 28 and Gloria Bartlett.

23. Lester Jackson Holloway, 26, and Rosslyn Kay Archer Laehn, 24. Patrick James Schupbach, 23, and Anne Marie Ory, 24. Dec. 14 John David Jr 46, and La Vonne Marks, 34.

Timothy Dean Tober, 18, and Konl Elizabeth Le Vasseur, 17. Arizona DAuy Sun Official Legal Newspaper for City of Flagstaff and Coconino County Publication No. (USPS 030-560) Guaranteed Carrier Delivery If you fail to receive The Arizona Dally Sun by 5 30 m. weekdays or 8 30 a m. Sunday, please telephone your carrier If unable to reach your carrier, please phone The Arizona Dally Sun circulation department at 779-4189 Postmaster Send change of address to The Arizona Daily Sun, Post Office Box 1849, Flagstaff, Ariz.

86002 Published Monday through Friday evening and Sunday morning by The Flagstaff Publishing Co 417 W. Santa Fe Ave Flagstaff, Arlz 86001. Post Office Box 1849, 86002 Entire contents copyrighted by The Arizona Daily Sun. Second class postage paid at the Flagstaff Arizona Post Office 86001 Subscription rates $5 75 per month by carrier, $6 25 per month by auto carrier, $120 per year by mail In Flagstaff and elsewhere Advertising 774-4545 Classified 774-4545 Correction The time for the community Christmas program was Incorrectly reported In the Friday Events of Interest column. The program will be presented twice tonight at 6 and at 8 at Ardrey Auditorium on the Northern Arizona University campus.

Admission is a can of food. Circulation Subscriber Service 779-4189 Editorial 774-4544 774-4545.