Wagenmann named TESTER: MIDEAST WILL DEFINE OBAMA’S TENURE Player of the Week SPORTS MONTANA missoulian.com TUESDAY, October 7, 2014 Copyright 2014 $1 FOX CLUB DEATH Inquest to decide if shooting charges are filed By KATHRYN HAAKE Jury to determine whether use of force was justified in fatal incident ON MISSOULIAN.COM of the Missoulian ■ More coverage: A coroner’s inquest will killed in a Missoula strip club’s County Attorney Jason Marks who admitted fatally shooting Read more about the determine if charges are filed in parking lot early on the morning said the outcome of the inquest Hymel in the chest outside the Fox Club shooting the shooting death of of Sept. 1. will determine whether Fox Club Cabaret. online with this story. Christopher Hymel, the 23- In a decision announced prosecutors pursue charges year-old Louisiana man who was Monday, Deputy Missoula against Michael Gordon, the man See SHOOTING, Page A8 POTOMAC Residents HONORING SERVICE lose their 3 veterans from WWII, Vietnam, Afghanistan awarded Purple Heart cellphone coverage Sprint buys tower but doesn’t offer service in Montana; some caught off-guard By KIM BRIGGEMAN of the Missoulian POTOMAC – This valley doesn’t have cellphone service any more. The tower that stands against the pines on the southern fringe was switched off last Thursday, Oct. 1, one of the victims of the long-planned Sprint takeover of Cellular One. Some knew it was coming. Gary and Becky Douglas Delp say they didn’t. They’ve used AT&T phones for the past several years at their business, Heritage Timber, and the roaming service worked so See CELLPHONE, Page A8 SOUTH SUDAN MICHAEL GALLACHER/Missoulian U.S. Rep. Steve Daines, R-Mont., applauds Purple Heart recipient Don Rakow, a Marine corporal in Vietnam, on Monday afternoon during a ceremony at the Florence Building in Missoula. Rakow also received a Vietnam Service Medal and a National Defense Medal. ‘Lost boy,’ By MARTIN KIDSTON of the Missoulian Along with clinic a n a spring day 46 years ago, Don Rakow and his Rakow, Purple Heart platoon of U.S. Marines secured a bridge to allow was also Ofor safe passage of a military convoy heading given founder back to Khe Sanh. posthumously There on March 8, North Vietnamese troops to the family attacked their position with directional mines, killing of World War two Marines and leaving Rakow with grave injuries. II Army Pvt. to speak Nearly five decades later with a twitch still in his Jack Nesbit and Army Pfc. John Dau still hopeful even See SERVICE, Page A6 Fernando Terrones, who after civil war destroyed ■ Video: For a video from Monday’s Purple served in health facility he built Heart ceremony, go online to this story. Afghanistan. MICHAEL GALLACHER/Missoulian By MARTIN KIDSTON of the Missoulian John Dau watched from afar as war in South Sudan MONTANA SUPREME COURT RACE destroyed nearly all he had worked to build. His dream of peace remains a distant Justice Rice seeks re-election, cites progress prospect and the clinic he spent years creating was looted, leaving thousands of African By CHARLES S. JOHNSON because he’s pleased with his we employ and also the A decade or so ago, Rice said patients without care. Missoulian State Bureau work on the court and the progress we have made in the those involved in appeals to the But Dau, whose birth name is progress the court has made the business of the court, the speed Supreme Court sometimes Dhieu-Deng Leek, isn’t one to HELENA – Montana past decade in its approach to in which we deliver cases,”Rice would have to wait a year or two give up. One of the “Lost Boys Supreme Court Justice Jim Rice deciding cases. said in an interview last week. said he’s seeking re-election “By that, I mean the analysis “We’re caught up.” See RICE, Page A6 See SUDAN, Page A6 TODAY’S INSIDE STATE HEADLINES FORECAST Classified . .C3 Obituaries . .B3 White Pine Sash: Ballots in mail: Comics . .D5 Opinion . .B4 Cleanup decision on Absentee voting Sunny Health . .C1 Puzzles . .C7 High 72º Low 49º Markets . .B6 Sports . .D1 Northside site coming to begin for November To subscribe to the Missoulian, Page A8 Montana . .B1 TV listings . .D7 next month. Page B1 election. Page B1 call 1-866-839-6397 BEDS SO IRRESISTIBLE YOU’LL NEED THE CALORIES. ENJOY THE RISE & SHINE PACKAGE Treat yourself to a night in a luxurious, oversized guest room and $20 toward breakfast at Masselow’s, starting at $129.* *Based on availability. Restrictions apply. A2 – Missoulian, Tuesday, October 7, 2014 NATION HISTORY Today is Tuesday, Oct. 7, the 280th day of 2014. There are 85 days left in the year. Today’s Highlight in History: On Oct. 7, 1954, Marian Anderson became the first black singer hired by the Metropolitan Opera Company in New York. (Anderson made her Met debut in January 1955 playing the role of Ulrica in Verdi’s “Un Ballo in Maschera.”) On this date: In 1777, the second Battle of Saratoga began during the American Revolution. (British forces under Gen. John Burgoyne surrendered 10 days later.) In 1849, author Edgar Allan Poe died in Baltimore at age 40. In 1858, the fifth debate between Illinois senatorial candidates Abraham Lincoln and Stephen Douglas took place in Galesburg. In 1949, the Republic of East Germany was formed. In 1960, Democratic presidential candidate John F. Kennedy and Republican opponent Richard Nixon held their STEVE HELBER/Associated Press second televised debate, Nicole Pries, left, and Lindsey Oliver hold up their marriage license as they celebrate being one of the first same-sex couples in Virginia to be this one in Washington, married outside a court building in Richmond, Va., Monday. The Supreme Court’s order turning way appeals from five states seeking to prohibit same- D.C. sex marriage has triggered a series of moves in affected states to clear the way for gay and lesbian unions. In 1979, Pope John Paul II concluded his weeklong tour of the United States with a Mass on the Washington Mall. In 1982, the Andrew High Court rejects appeals Lloyd Webber-Tim Rice musical “Cats” opened on Broadway. (The show closed Sept. 10, 2000, Move clears the way for gay marriage expansion – will be legal in 30 of 50 states after a record 7,485 performances.) By MARK SHERMAN hold pending the Supreme Court’s chastised the court for its and Tennessee, appeared more Associated Press In 1989, Hungary’s review “irresponsible denial of review in likely to rule in favor of state bans Communist Party No other state cases were the cases.”Whelan said it is hard to than did the 9th Circuit judges in renounced Marxism in WASHINGTON – The Supreme currently pending with the high see how the court could eventually San Francisco, who are considering Court cleared the way Monday for favor of democratic court, but the justices stopped short rule in favor of same-sex marriage Idaho and Nevada restrictions on socialism during a party an immediate expansion of same- of resolving for now the question of bans after having allowed so many marriage. sex marriage by unexpectedly and congress in Budapest. same-sex marriage nationwide. court decisions striking down those James Esseks of the American In 1991, University of tersely turning away appeals from Still, those 11 states would bring to bans to remain in effect. Civil Liberties Union said he five states seeking to prohibit gay Oklahoma law professor 30 the number of states where believes the court will quickly take Anita Hill publicly and lesbian unions. The court’s same-sex marriage is legal, plus the Experts and advocates on up a case if an appeals court upholds order effectively makes gay accused Supreme Court District of Columbia. both sides of the issue had expected state bans. nominee Clarence Thomas marriage legal now in 30 states. Challenges are pending in every the justices to step in and decide gay It takes just four of the nine of making sexually Without comment, the justices other state. marriage cases this term. justices to vote to hear a case, but it inappropriate comments brought to an end delays in same- Evan Wolfson, president of The justices have an obligation to takes a majority of at least five for an when she worked for him; sex marriages in five states– Freedom to Marry,called on the settle an issue of such national eventual ruling. Monday’s opaque Thomas denied Hill’s Indiana, Oklahoma, Utah, Virginia high court to “finish the job.” importance, not abdicate that order did not indicate how the allegations. and Wisconsin. Chief Justice John Wolfson said the court’s “delay in responsibility to lower court judges, justices voted on whether to hear In 2001, the current Roberts did not say a word about affirming the freedom to marry the advocates said. Opting out of the appeals. war in Afghanistan started same-sex marriage as he began the nationwide prolongs the patchwork hearing the cases leaves those lower With four justices each in the as the United States and court’s new term. of state-to-state discrimination and court rulings in place. liberal and conservative camps and Britain launched air Couples in six other states – the harms and indignity that the Two other appeals courts, in Justice Anthony Kennedy more or attacks against military Colorado, Kansas, North Carolina, denial of marriage still inflicts on Cincinnati and San Francisco, could less in the middle, it appeared that targets and Osama bin South Carolina, West Virginia and too many couples in too many issue decisions any time in same- neither side of the court wanted to Laden’s training camps in Wyoming – should be able to get places.” sex marriage cases.