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Image 3 of Lexington Herald-Leader, August 22, 2012

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CITY REGION LEXINGTON HERALD-LEADER WEDNESDAY, AUGUST 22, 2012 » KENTUCKY.COM/LOCAL » A3 ON KENTUCKY.COM See an updated photo gallery of fugitives from the Fayette County Sheriff’s Office at EPA’s cross-state pollution rule struck down REGULATION CREATES UNFAIR BURDEN, COURT SAYS to 34,000 premature deaths ments” on states without Thomas Griffith, said the to meet air-quality standards, Herald-Leader Staff, Wire Reports A federal appeals court on Tuesday struck down an environmental rule that would have required coal-fired power plants in Kentucky and 27 other states to cut pollution that drifts downwind and contributes to air-quality problems elsewhere. The 2-1 decision from the appeals panel in Washington, D.C. overturned what was known as the cross-state air pollution rule. When the U.S. Environmental Protection Agency announced the rule last year, utility companies said their costs to comply would drive up electricity rates in Kentucky and other states. Environmentalists embraced the standard, and the EPA estimated cleaning up the air would prevent 13,000 annually; 15,000 non-fatal heart attacks; hundreds of thousands of asthma attacks; and 1.8 million lost school and work days. The agency said the health savings from the rule would far outweigh the cost to industry to comply. The appeals panel, however, said the rule exceeded EPA’s authority. The court faulted the agency for imposing “massive emissions reduction require- regard to limits imposed by law. The rule was scheduled to go into effect in January, but several states, large power companies and others sued to stop it. Two Republican appointees to the appeals court ruled to strike down the regulation, while a Democratic appointee said the majority erred. Judge Brett Kavanaugh, in a decision joined by Judge decision should not be interpreted as a comment on the merits of the rule. The court said the EPA was authorized to set rules requiring states to bear their fair share of “the mess in downwind states,” the New York Times reported. But the EPA improperly required states “to reduce their emissions by more than their own significant contribution” to a downwind state’s inability Man gets life sentence for killing his lover Final order on liquor sales Corrections The Herald-Leader corrects all significant errors that are brought to the editors’ attention. If you think we have made such an error, please call our newsroom at (859) 231-3200 or 1-800-950-6397 after 9 a.m. on weekdays or after 3 p.m. on weekends and holidays. By Bill Estep CHARLES BERTRAM | Lexington police continued their investigation after a homicide at Creekside South Apartments on Devonport Drive. Lexington man killed in apartment shootout THREE CHARGED IN VIOLENT ROBBERY; CHARGES PENDING ON FOURTH SUSPECT By Valarie Honeycutt Spears and Jim Warren One man was killed and three people were charged in a violent robbery and shootout Monday night at Creekside South Apartments complex on Devonport Drive. The Fayette County coroner’s office had not identified the victim, a 26-year-old man, by Tuesday night pending notification of his family. He died of multiple gunshot wounds. Two of the suspects — Alexander Wallace Burdette, 25, and an unidentified 16-year-old juvenile — have been charged with murder and first-degree robbery, Lexington police spokeswoman Sherelle Roberts said. A third suspect, Rodneisha L. Murphy, 20, was charged with first-degree robbery. Charges of murder and first-degree robbery are pending against a fourth Burdette Murphy Ca m br idg eD r. Devonport Dr. Versailles Rd. Alexandria Dr. STAFF, WIRE REPORTS PILL-MILL COMPLAINT PROMPTED INQUIRY ge Villa Dr. Louisville: A federal judge issued his final order Tuesday in a case allowing Kentucky grocery stores to sell wine and liquor. But don’t rush to the store for happy hour just yet. U.S. District Judge John Heyburn II in Louisville said he’ll give the parties in the case until Sept. 5 to file motions requesting a stay of enforcement of his order and until Sept. 20 to file responses to those motions. An appeal could keep the order on hold for months. On Aug. 14, Heyburn struck down as unconstitutional a law that let grocery and convenience stores sell beer but not wine or distilled spirits. Under current law, groceries may obtain a license to sell wine and liquor if they provide a separate entrance to that part of the store, where minors are not allowed to work. Such requirements do not apply to drugstores. Maxwell’s Pic-Pac Inc. of Louisville and the Food and Wine Coalition sued the state Department of Alcoholic Beverage Control last year. See POLLUTION, A7 State bars doctor from prescribing drugs Bordeaux Dr. Urbana, Ohio: A man who pleaded guilty to stabbing, suffocating and dismembering his girlfriend has been sentenced to life in prison and must serve at least 42 years before being eligible for parole. Matthew Puccio, sentenced Monday in Champaign County Common Pleas Court, pleaded guilty last month to aggravated murder in the death of Jessica Rae Sacco along with other charges including felonious assault, gross abuse of a corpse and tampering with evidence. The remains of Sacco, 21, were found in the bathtub of their apartment in Urbana, in western Ohio, in late March. Authorities said Puccio, 26, stabbed Sacco in the abdomen in an argument and suffocated her hours later with a plastic bag. Prosecutor Nick Selvaggio said in court that Sacco fought Puccio off at first but Puccio wrapped a second bag around her face. The prosecutor also said Puccio enlisted the help of four friends to help in covering up the crime by dismembering the body and helping him dispose of limbs in southern Ohio and Northern Kentucky. according to the opinion. The EPA’s rule also violated the federal Clean Air Act because it failed to let the states submit their own plans to comply and imposed a federal plan instead, the court said. In a dissent, Judge Judith Rogers said the court had disregarded limits Congress placed on its jurisdiction, as well as “the plain text of the Three people shot during home invasion; one killed CHRIS WARE | suspect, a 17-year-old juvenile who was shot and taken to University of Kentucky Chandler Hospital, Roberts said. She described the juvenile as seriously injured. Witnesses have said they heard several shots at 10:43 p.m. Monday at the apartment complex in the 2000 block of Devonport, off Alexandria Drive. When officers arrived, they located three people with gunshot wounds to various parts of their bodies, according to a news release. The three were in two separate apartments. Roberts said that Burdette, the teen and the 26-year-old man had been shot. All three were taken to the UK hospital. Police officers were still at the apartment complex late Tuesday afternoon. Several neighbors said they knew what happened but declined to comment. Terry Fowler of Lexington said he was told the victim saved Fowler’s stepdaughter and 11-year-old step-granddaughter, who opened the door. Fowler declined to identify the victim, who he said reportedly told his stepdaughter and step-granddaughter to hide before he shot the intruders. Can you help? Anyone with more information about this shooting is asked to contact Lexington police at (859) 258-3600. “It was a heroic thing he did,” Fowler said of the victim’s efforts. Fowler also said he did not want to identify his stepdaughter and step-granddaughter. The suspects went to one of the apartments “to rob the occupant,” the news release said. Gunfire was exchanged when they got inside. Investigators said all of the suspects were detained shortly after the shooting. Murphy confessed to planning and directing her co-defendants in committing the armed robbery, according to Fayette District Court records. Murphy lived in a Devonport Drive apartment and was a stranger to the See SHOOTING, A4 S tate regulators have barred a Pike County doctor from prescribing drugs after concluding he fell short of acceptable prescribing practices. A panel of the Kentucky Board of Medical Licensure issued the emergency order Aug. 15 against Kermit D. Gibson, whose office is in Elkhorn City. According to the order, the state investigated a December 2011 complaint that Gibson appeared to be running a “pill mill” — a clinic where doctors hand out prescriptions for painkillers and other drugs excessively, or without adequately examining patients. Gibson was not immediately available for comment Tuesday. A consultant said Gibson had not met acceptable standards in several areas, including patient diagnoses and treatment. The information in patient files at Gibson’s office did not support the need to prescribe drugs as Gibson did, or the dosage amounts, according to the emergency order. The consultant also noted that the way Gibson wrote prescriptions would allow patients to get a three-month supply of a drug in one month, and perhaps encourage them to turn to illegal sources for more pills after that. The consultant concluded Gibson’s prescribing practices showed gross negligence, ignorance or incompetence in some cases. Gibson can continue seeing patients, but he can’t prescribe drugs until the licensure board has a hearing on his case and issues a final order. The hearing is scheduled for February. The board could impose a number of sanctions, such as fining Gibson or barring him from prescribing drugs for See DOCTOR, A4 Iraqi man pleads guilty in terrorism case in Kentucky UNEXPECTED ADMISSION COMES AHEAD OF TRIAL PLANNED IN BOWLING GREEN By Brett Barrouquere Associated Press LOUISVILLE — An Iraqi man pleaded guilty Tuesday to 10 charges of conspiring to send weapons, cash and explosives to al-Qaida in Iraq and two counts of lying to federal immigration agents to get into the United States and stay in the country. Mohanad Shareef Hammadi, 24, gave simple “yes” and “I plead guilty” answers to questions from U.S. District Judge Thomas B. Russell in federal court in Louisville. The surprise plea came a week before Hammadi was set to stand trial on the charges in Bowling Green, where he and a co-defendant were arrested in May 2011 after a federal sting operation. Hammadi, who did not have a plea agreement with prosecutors, faces 25 years to life in federal prison plus millions of dollars in fines when he’s sentenced Dec. 5. He had been scheduled for trial Aug. 28 in Bowling Green. The co-defendant, Waad Ramadan Al- wan, 30, previously pleaded guilty and is scheduled for sentencing Oct. 3 in Bowling Green. The plea came as good news to soldiers who fought near the city of Bayji, Iraq, in the Sunni Triangle north of Baghdad in 2005, where Hammadi and Alwan told the FBI they worked as insurgents. Six Pennsylvania National Guard soldiers died in that area in August 2005 and Hammadi and Alwan told the FBI and an informant that they were active insurgents there. Justin Hunt of Alexandria, Va., served with the 173rd Long Range Surveillance Detachment of the Rhode Island National Guard near Bayji. His unit responded to assist on Aug. 9, 2005, when a roadside bomb killed four of the soldiers from Pennsylvania. Hunt sees Hammadi’s plea as justice. “This guy was not smart,” Hunt told The Associated Press on Tuesday. “He was just lucky. His luck has run out.” Brandon Miller of Chadds Ford, Pa., received a Purple Heart for burn injuries he sus- tained after his Humvee blew up after hitting a roadside bomb near Bayji. He described the plea as “outstanding.” “It spares everybody a lot of trouble,” said Miller, a former Pennsylvania National Guard sergeant. Hammadi’s defense attorney, Jim Earhart of Louisville, said his client “grew up in a different world” and never intended to get caught up in shipping weapons and explosives to al-Qaida in Iraq. Earhart described Hammadi as willing to plead guilty See TERRORISM, A4 Deputy Editor Tom Caudill » Phone (859) 231-3301 » To report a news tip call (859) 231-3200 or 1-800-950-6397 » Email Mohanad Shareef Hammadi faces 25 years to life in a federal prison after his plea

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