University Daily Kansan, September 29, 1982
Page 3
Lawrence 18-year-old pleads guilty to aiding voluntary manslaughter
By CAROL LICHTI Staff Reporter
An 18-year-old Lawrence woman pleaded guilty in Douglas County District Court yesterday to an amended statute of abetting voluntary manslaughter.
Lisa Dawn Bigenwall, Route 4,
pleaded guilty to the class C felony charge, reduced from charges of first-degree murder, aggravated robbery and attempted kidnapping in connection with the June 9 slaying of her granduncle, Donald Hatchell, 49, also of Route 4.
DISTRICT Court Judge James Paddock accepted Bigenault's guilty plea and ordered a pre-sentence investigation and a mental evaluation of Bigenault before she is sentenced at 11:30 a.m. Oct. 28.
The maximum sentence for aiding and abetting voluntary manslaughter is 10 to 20 years and the minimum sentence is three to five years, said Jean Sagan, assistant district attorney. The first-degree murder is life.
Hatchell was killed at the Bigenwall home, where he lived. His body was discovered partially buried under a cave in southwest Douglas County on June 1.
BIGENWALT, who was 17 at the time of the murder, was arrested with William J. McTaggart HI, 15, on June 24, 1963. A former delinquent last summer for his in-
movement in the crime and was ordered to the Youth Center in Topeka
Jerry Harper, Douglas County district attorney, said his office agreed to the amended rule and said the evidence they could present to the jury during a murder trial.
Herper said McTaggart's change of testimony in the preliminary hearing was a key factor for evaluating the evidence to convict Bigenwalt of murder. He said the district attorney also examined other physical evidence in the case before deciding to agree to a lesser charge.
MCTAGGART testified at Bigenwalt's preliminary hearing that he fired the gun that killed Hatchell while Bigenwalt was unconscious. Previously, during his own trial, McCoy testified that Bigenwalt had fired the gun.
Bignwall's attorneys said that Bignwall contended she did not fire the gun.
The state's case have been based on allegations that Bigenwalt fired the gun, Sagan said. She said conflicting evidence about who fired the gun was one of the reasons the charge was amended.
Harper said his office was approached with an offer to plea bargain by Bigenwait's attorneys, Mike Riling and Dean Burkhead.
BURKHEAD said that he was not sure who initiated the plea bargain offer and that the defense rejected pleading to voluntary manslaughter
because Bigenwall contended she did not fire the gun that killed Hatchell.
But the defense did agree to pleading to an aiding and abetting voluntary assistance.
'I don't like to plead anybody
but I thought this was best for the clerk.
Yesterday, Judge Paddock recessed the proceedings when Bigenwalt could not explain to the judge how she aided and abetted the murder. Paddock told the attorneys that he needed a factual basis for making a decision.
PADDOCK questioned Bigenwalt about the charges and her plea to make sure she understood that she could be sentenced up to 20 years and that she would be waiving her right to a jury trial and to appeal that decision.
After a lengthy recess, Rilping presented facts to show how Bigenwalt aided in the murder. He told Paddock how Bigenwalt and McTaggart planned to hit Hatchell, restrain him and run away to Texas. He said Bigenwalt was the agent who shot McTaggart had planned when Hatchell carne home on the day of his death.
When Paddock asked Bigenwait if that was what happened, she said,
Burkhead said he probably would withdraw his motion to question the constitutionality of trying Bigenwait as an adult because the case had been
Harper said he did not plan to prosecute McTaggart on perjury charges for his conflicting testimonies.
Proposed bill to speed grant checks
By BRUCE SCHREINER Staff Reporter
A congressional conference committee is working on a bill to simplify the jobs of university financial directors who hand out Pell Grant checks to students, an aide to Rep. Bob Whitaker, R-Kan., said yesterday.
The bill, which includes many proposals for education besides the Pell Grant provision, would expedite the publishing of the family contribution schedule, which defines eligibility requirements in the Pell Grant program, said Larry Morse, Whittaker's press secretary.
THE SENATE passed a similar measure a couple of weeks ago, Morse
Morse said the bill's authors decided to draft the measure after a delay in the schedule's publication for the current academic year.
After the schedule is printed in the Federal Register in April, the secretary of education usually is expected to announce the final schedule by July. But this year the list was not published until August.
THE DELAY in the list's publication puts students in limbo because they do not know if they will be eligible for money.
Morse said the delay may have hinged on uncertainties in the federal budget. Whatever the reason, he said, he wanted to take matters into his own hands.
He said that Congress decided the delay was not in the students' best interest, and it had indicated it would expire. So the rules put out more expediously.
The House's version instructs the secretary of education to finish the schedule 15 days after the bill is signed into law.
JERRY ROGERS, KU director of student financial aid, said the delay in the schedule's publication had been one reason why he was when preparing to dole out the grants.
Rogers said the job of preparing the grants for distribution would be simplified when the final draft of the budget requirements are published by July.
Besides trying to hasten the process of printing the schedule, the bill would alter the eligibility of veterans by reinstating the schedule used before this year. It would also establish the maximum grant at $1,800.
FUNDING the Pell Grant program at its current level is also a concern continuing budgetary battle between the Reagan administration and Congress.
The continuing resolution bills have maintained the program's funding at last year's levels. Despite the administration's attempts to trim federal taxes, the Penn congressmen agreed the Pell Grant program was relatively safe.
As a temporary solution, Congress has funded Pell Grants by a series of continuing resolution measures, which allocate funds in a series of payments.
"THE HOUSE is fully committed to the Pell Grant program," said Rep. Dan Gleickman, D-Kan. "But there is a mixed view among congressmen on how much the federal government should allocate to the program.
"But in my judgement, all recipients will continue to be funded."
"ONE AREA that has been fairly immune to cuts has been the student assistance program," Whittaker said. "In 1811 and 1862 there were several cuts proposed, but Congress restored all the funding."
If the White House did press for reductions in education, financial assistance programs would probably be pared down to programs to be pared down, Whittaker said.
Glickman said Congress would be more likely to trim funding of elementary and secondary education before it turned to student assistance programs.
Opening statements presented
Med Center murder trial starts
By VICKY WILT Staff Reporter
KANSAS CITY, Kan—The man charged with the March 1981 double homicide at the University of Kansas Medical Center did not know his actions were wrong, his attorney said yesterday.
The defense attorney, Jay Vader, said in his opening statements that the issue was whether the defendant, Joseph Dunn, was wrongly at the time of the shootings.
NICK TOMASIC, Wyandotte County prosecuting attorney, said that Boan knew what he was doing at the time and that he knew right from wrong. He said he would present 40 witnesses and 50 evidence during the trial to prove that.
The trial continues today at the Wyndotte County Courthouse and is in progress.
Boan, 32, is charged with shooting Marc Beck, a medical student, and Ruth Rybolt, a hospital visitor, in the Med Center emergency room.
He also is charged with three counts of aggravated assault, two of those allegedly occurring during a Dec. 9, 1981, incident when Boan attempted to confront a pastor at the First Baptist Church of Church, Kansas City, Kan.
DURING TESTIMONY, which began yesterday morning, Kjeld Gurap, church pastor, said Boan had referred to the Med Center shootings in a conversation between the two of them, and that he did not know what Boan was talking about.
When Boan asked Grarpu, he was snapping his fingers and squinting and shaking his head.
KU?" Granup said. He repeated that several times, he said.
Graup said Boan, who was not a member of his church, had talked with him at the church 12 to 15 times before Dec. 9, 1981.
BOAN ENTERED the church office that day with a shotgun and was mumbling and calling for someone, Grarpup said, but he could not hear the name. Boan left the office after he could not find the Grarpup, who was buried in the secretary's office with the secretary and associate pastor.
As Bonn was leaving, Guy King, Kansas City, Kan., police officer, arrived and Bonn pointed the gun at him. In his car and driving away, King said.
King said he followed him to the home of Patricia Richwe, Boan's mother, where Boan barricaded himself inside for nearly five hours.
GRARUP SAID Boan had given him a reason for wanting to shoot him that Wednesday. Boan said that the church owed him money because he was advertising for the church by being on his doorstep. Boan told Boan that he and his brother were sitting on a box in the corner of the tapestry, he said.
He even brought a picture to Grarup of himself and his brother and told him that that was what they looked like in the picture. Grarup said.
Boan was more hostile toward Garup just before Dec. 9, Garup said. Boan told Garup that he had him watch the game and Garup was being watched. Garup said.
BOAN TOLD Grarup his finger snapping was a signal and he should
recognize him by that. When Gramp did not, Boan would become upset, he said.
Richiwine testified that she had not discussed the Med Center killings with Boan. However, she said she had discussed the shootings with other family members without knowing that Boan may have committed them. She said she did not know if he had told anyone about the murders.
Bao was not living at the Richwine home at the time of the murders, but he visited the home daily, she said. He ate Sunday dinner with them, she said, but failed to appear on the Sunday after the killings.
BOAN TOLD her that he had not left his apartment that Sunday. Richwine said Baon did not sound unusual when faced with him on the phone that evening.
A Remington 12-gauge shotgun was found behind a Christmas tree in the Richville's home after Boan was arrested. A few days later, Boan's stepfather, Gary Richville, said his daughter found shotgun shells under the tree and he turned them over to Kansas Bureau of Investigation agents.
An anonymous telephone call to the KBI office the day before the standoff tipped KBI officials that Boan was involved in the Med Center murders, and that he had been a KBI special agent. The woman caller gave Boan's name and address; but Boan was not at his apartment when agents went there, he said.
MARCHEWKA found a piece of notebook paper with half-sentences written on it in a shoe box in Boan's day the day after Boan was arrested.
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