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Man shot in stomach



Published: Sun, February 16, 2003 @ 12:00 a.m.



Man shot in stomach

YOUNGSTOWN -- James Whitaker, 53, of Shannon Road, Girard, was in guarded condition today in St. Elizabeth Health Center with shotgun wounds to his stomach.

Whitaker, who was shot about 3 a.m. at Jody Dougherty's house on Atkinson Avenue, went to his nephew's house on Avon Street and collapsed, reports show.

The nephew told police that Dougherty, his uncle's girlfriend, was responsible. Police arrested Dougherty, 39, at her home on warrants signed by a representative of the Bureau of Motor Vehicles that had been issued Feb. 3 on unrelated charges of tampering with records, forgery and possession of criminal tools.

Detectives were to confer with the prosecutor today about the shooting. Police said Dougherty told them she shot Whitaker twice after he kicked in her back door and forced his way into her house.

Appeal dismissed

YOUNGSTOWN -- The 7th District Court of Appeals has dismissed James A. Philomena's appeal of his six-year prison sentence for bribery and perjury charges.

Philomena, a former Mahoning County prosecutor, filed the appeal more than a year ago. The appellate court granted him several extensions on the time required for him to file a detailed accounting of his appeal, but one was never filed. For that reason, the three-judge panel dismissed the appeal Wednesday.

Philomena is serving a four-year federal prison term for charges related to fixing cases while he was in office. The first four years of his state sentence are concurrent with that sentence, after which he is to serve two years in a state prison.

Backyard Bird Count

The sixth annual Great Backyard Bird Count today through Monday is focusing on the effects of the loss of habitat, introduced predators and diseases such as West Nile Virus on the bird population.

The National Audubon Society and The Cornell Lab of Ornithology, coordinating the bird count, are asking volunteers of every age and skill level to pay attention to the more than 200 species on the Audubon 2002 WatchList, which lists North American birds in danger or decline.

The GBBC Web site www.birdsource.org/gbbc includes features on these birds and what participants can do to help them.

The GBBC, also sponsored in part by Wild Birds Unlimited stores, focuses on the effects of West Nile Virus on crows and jays, owls, raptors and other birds and will educate participants about the disease.

Injured in accident

YOUNGSTOWN -- Daryl R. Matyi, 25, of North BonAir Avenue was in stable condition today at St. Elizabeth Health Center from injuries he suffered Thursday afternoon when he crashed into a car on Rush Boulevard, a second car on Euclid Boulevard and then Bethlehem Lutheran Church on East Midlothian Boulevard, reports show.

Diagrams show Matyi's vehicle struck the car on Rush broadside and rear-ended the car on Euclid. His car then crossed into oncoming traffic, left the road and traveled through rear yards until it hit the church, police said.

The impact broke through the brick facing, exposing a support beam and damaged roof spouting, police said.

Dry ice causes cloud

YOUNGSTOWN -- An electrical surge after a power outage caused a cloud this morning from roughly 2,200 pounds of dry ice stored at NABI Biomedical Center on Martin Luther King Boulevard, fire Capt. Ray Sanchez said.

The harmless dry ice cloud scared people, some of whom were taken to a hospital, he said. Firefighters removed the dry ice from coolers and allowed it to dissipate outside.

The dry ice is used to chill blood at NABI. Dry ice, Sanchez said, is often used at dances for effect because it hugs the ground.

Firefighters checked the air quality of the building and determined it was fine, Sanchez said.

Employee: I was hit

AUSTINTOWN -- A 19-year-old employee of a Warren BP station told police he was hit in the head by another man, 23, of Kirk Road, he confronted about stealing gas.

The employee said he got into his car and followed the Kirk Road man after he drove away from BP on state Route 46 without paying for $18.84 worth of gas at about 9 a.m. Thursday. The 23-year-old stopped in a Kirk Road parking lot, where the BP employee accused him of stealing gas.

The employee said the man then reached inside his car, hit him in the head and tried to pull him out.

The BP employee drove away.

The Kirk Road man later told police he did not hit the employee.




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