rLTThe Michigan Daily - Friday, February 16, 2001- 5 F- sLOCAlSTATE .Family of suspected shoplifter files suit aainst Krogrer SOUTHFIELD (AP) - The family of a man who died after Kroger security guards subdued him has filed a $750 million lawsuit against the security guards' company and Kroger Stores Inc. The lawsuit was filed yesterday, a day after the Oakland County Medical Examiner's office ruled that Travis Shelton died of asphyxia due to compression and classified the death as a homicide. Shelton, 38, of Detroit, was allegedly trying to steal meat from the supermarket in a low- income community, Royal Oak Township, bordering Detroit on Feb. 8, when guards caught and tackled him, authorities said. Shelton's family's attorney said the action was unnecessary - "The Kroger Corporation throws away 20, 30, 40 times more meat that it alleges that Travis Shelton had put under his jacket," Man was allegedly trying to steal meat when guards subdued him; death ruled a homicide attorney Geoffrey Fieger, who is representing Shelton's family, said yesterday. Oakland County Prosecutor David Gorcyca said he would decide if a crime was commit- ted once he received written reports from the medical examiner and the Oakland County Sheriff's Department. Gorcyca said he "would not be persuaded" by the lawsuit filed in Oakland County Circuit Court against the supermarket and the William Davis and Associates Security Ser- vices, Inc. "Geoff often makes inflammatory com- ments that are sometimes not based on factual accounts," Gorcyca said about Fieger, a well- known attorney in the Detroit area who has represented many high-profile cases. "I could really care less about what Geoff does or says." Preliminary tests show Shelton had heart disease and other health problems and had cocaine and opiates in his blood when he died. Officials with the company that employed two security guards involved in stopping Shel- ton were not immediately available for com- ment yesterday. Jon Flora, president of Kroger stores in Michigan, said in a written statement that the company was working with the sheriff's department and had no comment while the case was under investigation. The case comes after a highly publicized shoplifting death in the Detroit area. In June, Frederick Finley, 32, died outside a Lord & Taylor store in Dearborn after scuffling with security guards investigating a shoplifting complaint. Guards had acpused Finley's girlfriend's 11- year-old daughter of shoplifting. Guard Den- nis Richardson, 29, used a headlock to subdue- Finley in the store's parking lot. Richardson is awaiting trial for involuntary manslaughter. Defense attorneys say Finley had a heart attack; prosecutors say he suffo- cated. Finley's death sparked protests, led by prominent figures such as the Rev. Al Sharp- ton, against Lord & Taylor. Activists accused the store of using black security workers to scrutinize minority shoppers in order to avoid the appearance of discrimination or racial pro- filing. Finley was black, as is Richardson. The two guards at Kroger are black, as was Shelton. The Rev. Horace Sheffield III of Ne Galilee Missionary Baptist Church - v organized protests in Finley's death - said he will meet with the president of Kroger today., A prayer vigil is set for tonight. Senate toughens state's rape, fetus laws , ., } : LANSING (AP) - Rapists would have a tougher time eluding the long arm of the law under legislation approved yesterday in the state Senate. The Senate also passed a measure making it a felony to cause the death of an embryo or fetus during an assault on a pregnant woman. The rape bill, passed 32-0, would extend the statute of limitations for rape from the present six years to 10 years, or the victim's 21st birth- day, whichever is later. And if DNA evidence is available, the statute of limitations would not begin running until the assailant was identified and an indictment was filed. Thus a rapist generally wouldn't be guaranteed *freedom until 10 years had expired since the indictment was filed against him. If DNA evi- dence was available, that could be a long time after the attack itself. "A few years ago, it was relatively easy for a rapist to elude the police and prey upon more victims," said state Sen. Shirley Johnson (R- Royal Oak) who sponsored the bill. "But advances in DNA research, forensic stud- ies and improved police tactics have given law Dog shot by man in drunken dlirium SHELBYVILLE (AP) - A dog who was shot by his owner while the man was suffering an apparent alco- hol-induced delirium is recovering, Allegan County Sheriff's records show. The owner, a 68-year-old man, was arrested after Monday's shooting and faced charges of reckless discharge of a firearm and animal cruelty, the Kala- mazoo Gazette reported yesterday. Sarge was hurled against the wall from the blast's impact, which left shrapnel wounds to his esophagus, said the dog's former owner, Betty Jo Noorman. She had given the dog to the m'an, but is looking for a new owner for Sarge. A tenant of the man's reported the shooting, telling deputies her landlord *was suffering through alcohol with- drawal. The man told deputies he mis- took the dog for a boy who was stealing from him, a sheriff's report said. Ford to *bring back hatchback DETROIT (AP) - Once deemed relics of the 1970s, bell-bottom jeans and platform shoes have made their North American comebacks. Ford Motor Co. now hopes the hatchback can do the same. This fall, the world's second- largest automaker plans to supply North American showrooms with its five-door Focus ZX5 hatchback, thinking the car apparently groovy among Europeans can catch on across the Atlantic. Analysts appear split on whether hatchbacks can be revived like John Travolta's career or whether they'll go the way of the pet rock. "Hatchbacks just don't make a fashion statement," said Ron Pinel- 1i, of Autodata Corp. in Woodcliff Lake, N.J. "American tastes are just not in hatchback mode, and I'd be surprised it those cars could be cool The rape bill, passed 32-0, would extend the statute of limitations for rape from the present six years to 10 years, or the victim's 21st birthday, whichever is later. enforcement the upper hand against rapists. We have to give our criminal justice system the power to utilize these new tools to solve old crimes and prevent new ones from happening." The bill now goes to the state House, where it is expected to pass. "I would hate to think someone can get away with rape if they laid low or left the state for six years," Johnson said. The measure making it a felony to cause the death of an embryo or fetus during an assault on a pregnant woman also passed on a 32-0 vote and was sent to the House. The measure is meant to close a loophole in existing state law that allowed hazel Park attor- ney Michael Fletcher to avoid charges in the death of the unborn child his wife was carrying when he killed her. Fletcher was convicted of second-degree mur- der in the Aug. 16, 1999, shooting death of his wife Leann at their hone. He is serving a life sentence in prison. Current law makes it a felony to assault a preg- nant woman with the intention of causing a still- birth or miscarriage. But because Leann Fletcher didn't have a stillbirth or miscarriage, that statute couldn't be applied to Michael Fletcher. "Because of that horrible experience, this bill is moving forward," said Sen. William Van Regenmorter (R-Georgetown Township) the mea- sure's sponsor. Authorities said Fletcher staged his wife's death to look like a suicide. At the time, he was having an affair with Warren District Judge Susan Chrzanowski, who has not been implicated in Leann Fletcher's death. r I PO