Kicker blends into the crowd on the first day ‘ 1 .- .‘i t . 1. . Music critic counts down the tops of school. PAGE 4 7‘ i .. r512. 3”“: L; :s albums of the summer. PAGE 8 THE Kentuc Thursday, August 25, 2005 ky Ke rnel Celebrating 34 years of independence UK police explain actions (Left to right) Scott Brownlee, Nick Reeves and Dave Monteone look at a m IV KEITH SHIV I STAFF mos emorial to Tom Byers near the railroad tracks where Byers was killed Tuesday morning. Brownlee and Reeves were members of the UK track team with Byers last season. Below: A close-up of the memorial to Byers, which started Tuesday nigh Two officers ‘pretty shook up' but followed protocol, major says By Megan Boehnke and Troy Lyle THE firucxv mm UK police Maj. Joe Mon~ roe defended the actions of three officers who ap- proached and questioned sophomore Thomas Byers Ill Tuesday morning. Eleven minutes later. Byers was killed by a train while trying to flee the officers. “There is no indication of any wrong doing on the part of the officers.“ Monroe said yesterday. Monroe said it is stan- dard procedure when sub- jects are suspected of under- age drinking to ask for verifi- cation of their age. It is then up to the officer's discretion. he said. to either issue a cita- tion for possession of an al- coholic beverage as a minor or arrest the individual on charges of alcohol intoxica- tion. Most of the time. people who cooperate with officers only receive a citation. Mon- roe said. Officers can judge how intoxicated subjects are based on their behavior. in- cluding ability to speak clearly and coherently “I can walk down the street behind someone and tell if they were drinking." Monroe said. Officers approached By- ers and his acquaintance at a Conn Terrace party Tuesday morning because the sub- jects were holding alcoholic beverages and appeared to be underage. Monroe said. Finding peace in (selfiportraits One wit» ness told po- lice that By- ers told his a c q u a i n - tance they should run from the of- ficers as they were approach- ing. When the subjects began to flee. the officers pursued the twu on foot. Though they detained his acquaintance. officers lost sight of Byers three or four minutes before he was hit by the train. The officers decided to pursue Byers because they “felt like he was physically impaired and his judgment was impaired." Monroe said. A hreathalyzer test showed Byers‘ acquaintance had a blood alcohol content of 0.178. A reading of 0.02 is considered public intoxica- tion for an underage individ- ual in Kentucky. Lexington police officers follow a similar procedure when dealing with underage drinking. said Lt. Anthony Holman. Officers rely on their judgment when determining whether to issue a citation or arrest an individual. he said. He said officers decide based on the level of the intoxica— tion and compliance they re- ceive from the subject. l’er standard procedure. See Death on page 2 Byers " 4i Student’s father calls for action By Dariush Shafa THE KENTUCKY KERNEL The father of a UK student killed in an alcohol-related incident last year called for city and state legisla- tion. as well as assistance from UK. to prevent more drinking-related deaths. A year ago. incoming sophomore Brian Muth was struck and killed by a tractor-trailer on New Circle Road. Tuesday morning. English sopho- more Thomas Byers III was struck and killed by a train in another inci- dent involving underage drinking. Michael Muth Sr. Brian's father. said his voice wasn‘t heard then. but he hopes changes will be made now. “All I was hearing back then was the reasons why that wouldn‘t work and not ‘How can we make this work?” Muth said. Muth saidthat though UK cannot directly control what happens off campus. it can work with local and state legislators to create restrictive laws that would limit the size of par- ties. controlling them before they be come too large for officers to handle. Both Byers and Brian Muth were killed following parties with underage drinking. “You’ve got to stop the parties from getting that size." Muth said. “Somewhere along the line. someone has to decide what a life is worth." Brian Muth. a 19-year-old sopho more from Louisville. was arrested while intoxicated on Aug. 24. 2004. and was later released into the custody of a friend. UK sophomore Aaron Mc- Nulty. while still intoxicated. While McNulty was speaking with jailers. Muth left the jail and was later struck and killed by a tractor-trailer on near- by New Circle Road. That incident has similarities to Byers' death. Byers. who transferred from the University of Mississippi. was also 19 years old when he died. He tried to flee UK police officers at a par- ty on the 100 block of Conn Terrace and was later struck and killed by a train near the Virginia Avenue over- See Muth on page 2 Assistant professor Ruth Adams chronicled her 13-month battle with cancer through photography Alfalfa By Ellie Fairbanks me krntuckv mm A UK assistant professor shared her 13-month struggle with cancer and chemotherapy last night A a battle documented in self-portrait photographs _, for one reason. She‘s training to compete in a triathlon. and she's raising money to do so. Ruth Adams. a photography pro» fessor. was diagnosed with Hodgkin's Disease in November 2002. After she began chemotherapy that next month. Adams decided to showcase her struggle with the treatments through a series of photographs she took herself for a lit- tle over a year. “There are a lot of things out there written that show the before and after but not the actual journey through the disease." Adams said. Adams and teammates from Team in Training. a group of run. ners. walkers and cyclists who com~ pete to raise money for the Leukemia & Lymphoma Society. held a t I Adams fundraiser last night at Restaurant to collect money to partic- ipate in the Disney International Triathlon Sept. 25. There. she show- cased a portion of her photography exhibit entitled "llnremarkable...a journey through cancer. chemothera- py and healing." “Because I‘m a visual artist. I wanted to show my journey through cancer.“ she said. Adams‘ display demonstrates her battle with the chemotherapy and ra- diation aspect of her disease. Pic- tures include Adams before her hair See Cancer on page 2 I www.kykernel.com Students ante up to board LexTran Millions in taxes marked for facility, bus improvements By Dariush Shafa lNE KENTUCKY KENNEL An expiring federal grant means UK students will have to open their wallets to ride LexTran buses for the first time in three years. Students previously rode the bus- es for free by showing their student IDs. but now students must pay $50 a semester. or $75 for the school year. to ride LexTran buses on city routes as part of the “class pass" program. Despite the sudden change. Lex- Tran officials said they're trying to keep bus transportation cost-friendly for students. “We hope that it's attractive enough to meet their budget." said Dave Riggins. LexTran‘s director of community affairs. Normal fare for LexTran buses is $30 per month. or $120 per semester. LexTran provided bus transporta- tion around the city to students for free through a federal Congestion Mitigation and Air Quality grant. The grant. worth $4.8 million over three years. expires at the end of this month. LexTran has the option of renew- ing the grant. but regulations state that the grant cannot be used for the same purpose after it has been re- newed. Riggins said. Another change is who can use the “class pass“ system. The program is available to any Fayette County student 1 college or otherwise who can show proof of enrollment when buying the pass. “We felt it was only fair when we looked at this to open this up to all students in Fayette County. regard- less of where they go to school.“ Rig- gins said. The pass is not available to uni- versity faculty and staff. who must pay standard fares. Recent rises in gas prices are part of the reason Riggins believes the “class pass" program will help Lex- Tran bring in more revenue. Overall usage of LexTran buses has risen 6 to 10 percent in the last three weeks, which Riggins attributed to steep gas prices. In November. LexTran will re- ceive $11.3 million through a tax that voters approved in November 2004. That money. however. is slated to fund improvements to LexTran‘s fa- cilities. buses and services. Riggins said. Some students aren't so opti- mistic that the new plan will be a stic- cess. “They'll probably lose business." said undeclared sophomore Kelly Stone. “I wouldn't use it unless I had to.“ Others said they don't have much option but to pay and ride. “1 don't know if it will change anything (for me)." said psychology junior Luke Moons. “I‘ll have to pay it." Anyone who wants to buy a “class pass" may do so at the UK parking of- fices on the corner of Rose Street and Euclid Avenue. or at Parking Struc- ture No. 5 on South Limestone Street. E-mail dshafa‘ukj'kernelcom manure" Ruth Adams, assistant professor of photography. displayed some of her self-por- traits taken during her battle with cancer at a fundraiser last night.