BINDERY W 202 PATTEE John From our wire services NEW YORK Former Beatle John Ono Lennon died late last night after be ming shot five times by a man police said was most likely "deranged" and had been stalking Lennon for several days. A police spokesman said Lennon, 40, was shot shortly before 11 p.m. as he returned to his home in the Dakota, a cooperative building on Manhattan's Up per West Side, from a late-night recor king session. Sources close to the investigation said the gunman walked up to Lennon as he was leaving his limousine. "Mr. Lennon?" the man said, pulling a gun from under his coat and firing. Lennon staggered about 5 feet to a *mall guard's booth in the courtyard of the building. "Do you know what you just did?" the doorman asked the man. "I just shot John Lehnon," the gun man responded, throwing down a handgun. .0 Police were questioning the gunman, who sources said was "coherent," and were attempting to interview Lennon's wife, Yoko Ono, who was with him at the time of the shooting. "Tell me it isn't true," Ono screamed in the police car on the way to the iospital, said a police officer. "Tell me he's all right.'.' Police said the gunman, identified ear ly today as Mark David Chapman, 25, was a resident of Hawaii whose honietown was not immediately known. Police said Chapman had been in New Fork City for two weeks,.had stayed at a MCA and then at the Sheraton Centre Hotel. Chief of Detectives James Sullivan described the suspect as "apparently a wacko." Authorities said Lennon was shot ,„seven times in the head, chest and arm. Tie was rushed in a police car to Roosevelt Hospital's emergency room, where he died in surgery with Ono with him. A hospital spokesmaii'said "it was im possible to resuscitate him by any means." *I Jack Douglas, Lennon's producer, said he and the Lennons had been at a studio called the Record Plant in mid town Manhattan earlier in the evening Municipal Council decides not to open meetings By LORRAINE ORLANDI Daily Collegian Staff Writer The State College Municipal Council last night rejected a resolution to open ore council meetings to the public. T IP The council also dropped a proposal to prohibit the sale of smoking accessories to minors. The open meetings resolution, propos ed by council member Joseph Wakeley Jr., would have opened to the public all meetings of the council and the council's fommittees, authorities, boards and commissions, except those specifically designated by the resolution, such as meetings concerning personnel or real estate purchase price. Wakeley and council members Dorothy Lennig and Fred Honsberger toted in favor of the resolution. Before rejecting the proposed resolu tion entirely, council members debated considerably over whether to amend the proposal. Council President Mary Ann Haas pro posed an amendment to allow commit tee meetings to remain closed, stressing Ahe need for "flexibility." "Government is cumbersome enough," Haas said. "A committee meeting is a research tool that the coun cil uses to move toward a decision." But Wakeley said he felt the discussion that occurs at council meetings is as im fortant as what takes place at a meeting where a formal decision is made. "It appears to me that the ideas we vote on here in council are formed very strongly in committee meetings," Wakeley said. Council member Ronald Abler said he would not favor public participation at Committee meetings. He said public par ticipation sometimes turns regular coun cil meetings into "public spectacles." "I don't think the real issues come up at committee meetings," Abler said. "This (the council meeting) isn't a Tumbling dice Cloudy and cooler today with periods of rain or drizzle and a high temperature early in the day of 48. Temperatures will slowly tumble during the afternoon. itloudy and colder tonight with rain con tinuing and possibly changing to snow before ending as the low reaches 32. Variable cloudiness, becoming windy and much colder on Wednesday with flurries likely. Temperatures tomorrow will tumble from the mid 30s in the mor lining to the 20s by nightfall. daily ennon killed Former Beatle shot 5 times in front of his Manhattan apartment Former Beatle John Lennon, 40, was shot five times airdkilled last night in front of lis,Marihattan apartment.l;ennon was taken to Roosevelt Hospitalllkemergacy room where he died shortly after the shooting. He had no last words. and that Lennon left at 10:30 p.m. Len non said he was going to get a bite to eat and go home, Douglas said. A bystander, Sean Strub, said he was walking south near 72nd Street when he heard four shots. He said he came charade we go through to bless or anoint decisions made in secret committee meetings." Abler said the resolution would amount to a "gag rule," preventing any conversation about council business bet ween two or more members. Wakeley also cited a lack of com munication among council members as a reason for the resolution, saying he is often uninformed about what goes on at committee meetings. "If we, who are supposed to be active ly involved, don't understand what is go ing on, how is the public going to get the word," Wakeley said. But Chaffee argued it is not necessary, and would be impossible, for a council member to know everything that is go ing on in the municipality. He said a member only needs to know where to find the information if a citizen request's it. Under the Pennsylvania Open Meetings Act, or the "Sunshine Law," any meeting where a formal decision is made must be open to the public. The council's three-member committees make recommendations, but not final decisions, to the council. The proposed ordinance to ban the sale of smoking paraphernalia to minors would have prohibited the sale of smok ing substances, such as tobacco, and items for use with smoking substances, such as pipes and rolling papers, to minors. Chaffee, who proposed the ordinance, made the motion that it be dropped by the council because of recently enacted state legislation banning the sale of drug paraphernalia and pending court cases, including one involving the State College ordinance, challenging the constitu tionality of such laws. In other business, the council held a public hearing on its propsed 1981 budget. Haas said the 12.6 percent increase in this year's budget is caused by inflation. No new services or staff have been add ed, she said. Some citizens offered suggestion to the council about how to trim the budget. To meet the costs of the proposed budget, Municipal Manager Carl B. Fairbanks has proposed an earned in come tax increase from 1 percent to 1.5 percent and a real estate tax increase. The final decision on the proposed budget will be made at a public meeting Dec. 17. ()Ile • iari the around the corner to Central Park West and saw Lennon being put into the back of a police car. "Some people they heard six shots and said John was hit twice," Strub said. "Police said he was hit in the back." Ohio drug paraphernalia law struck down By LORRAINE ORLANDI Daily Collegian Staff Writer An Ohio drug paraphernalia law which was the basis of the State College drug paraphernalia ordinance was struck down yesterday by the U.S. Court of Appeals. The court reversed an opinion of a judge in Parma, Ohio, upholding a drug parpahernalia ordinance in Parma. The recently enacted State College paraphernalia ordinance follows the lower court's opinion. Robert Kistler, State College municipal solicitor, said he did not know whether the decision by the court of ap peals to grant a permanent injuction The State College Municipal Council last night rejected a resolution sponsored meetings to the public. Speaking with Wakeley after the resolution was by council member Joseph Wakeley Jr., right, that would have opened more defeated is State College Mayor Arnold Addison. • He said others on the street told him the assailant had been "crouching in the archway of the Dakota . . . Lennon arriv ed in the company of his wife and the assailant fired." James Moran, the police officer who against the Parma ordinance would af fect the pending decision by Judge Richard Conaboy of the U.S. District Court in Scranton on whether to grant a permanent injunction against the State College ordinance. Conaboy's decision was expected to come yesterday or today, but a law clerk in Conaboy's office said yesterday the judge's decision would be delayed because of the Ohio decision. Bill Cluck, adviser to the University chapter of the National Organization for the Reform of Marijuana Laws, said he thinks that because the appeals court is the highest court so far to rule on the drug paraphernalia ordinance, the Ohio took Lennon to the hospital, said the singer was bleeding badly from the chest. Moran said he asked him, over and over, "Are you John Lennon?" but Len non only mumbled and moaned. "He had no last words," Moran said. Strut) said residents of the apartment building told him the man had been seen in the vestibule for hours before the shooting. "He just walked out and shot him," Strub said. He described the man as white, with dark hair and wearing a leather jacket. He said the suspect, a "pudgy kind of man" 35 to 40 years old with brown hair, was.put into another police car. "He had a smirk on his face" when police took him away, Strub said. Lennon, who celebrated his and his se cond son's birthday on Oct. 9, had just released an album, "Double Fantasy," which he made with his wife in what was to be a comeback for the couple. Local reaction to Lennon's death last night was a mixture of surprise and a sense of loss. Ten to 15 people called radio station WQWK to find out more about the singer's death, disc jockey Ken Hughes said. "They simply can't believe it," Hughes said. "We've had a few people crying on the phone. There's a feeling of great loss." He said the station canceled its mid night album feature and played Len non's hit album, "Walden Bridges." Dan Regan. (6th-business administra tion) said he heard of the singer/songwriter's death on the radio. "One of my friends got really broken up about it," Regan said. "He was really silent on the way home. It caught my at tention, but I can't say I got broken up about it." Ann Stancavage (9th-biochemistry), who was with Regan last night in West Halls, said she learned of Lennon's death while watching television. "I was just really surprised," she said. "I guess the fantasy of having the four together again is gone." A West Halls resident said a group of students played taps and sang a Beatles song in the West Quad. decision will be important in the State College case. Jurisdictionally, the Ohio ruling will not affect the State College ordinance, but the Ohio decision is a "precedent setting" decision, Cluck said." Kistler said the State College or dinance could be a moot case now that the state has enacted a statewide drug paraphernalia ordinance, which could supersede the State College ordinance. The State College ordinance is based on a model act drawn up by the U.S. Justice Department and follows the opi nion of the Parma judge upholding a similar ordinance. Similar ordinances, including a state law in Maryland, have 15' Tuesday, Dec. 9,1980 • Vol. 81, N 0.83 16 pages University Park, Pa. 16802 Published by Students of The Pennsylvania State University Lisa Mazzeri (2nd-pre-med) and Con nie McGowan (2nd-business administra tion) were relaxing in McGowan's Thompson Hall room late last night while Lennon's song "Oh Yoko" played on the radio. Mazzeri said that although she wasn't a big Beatles fan, she was surprised to hear of the death• and will miss the singer. "I was really shocked even angry," she said. "To think some crazy nut would do that to a human being . . . that's sick. That kind of stuff always scares me. You can't believe a star is alive one minute and then he's gone just like that." McGowan also said she was surprised when she heard the news on the radio. "It's a shame the people who are popular have to be so fearful for their lives," she said. The two women said they did not believe many other residents on the floor knew about Lennon's death. Ron Adams, nighttime disk jockey for WMAJ radio, said his station received about 20 calls from people asking if the news was true or to request John Lennon songs on the radio. "I had one girl talk for about 15 minutes," Adams said. "Most seem pretty bummed out. I'd say about 80 per cent have been girls, but some are guys." Adams said last night he didn't knowverly the station would play tributes of singer today. "I've been playing (Beatles sot every 10 songs or so," he said. "The p son who comes after me I'm sure wi play them too." Adams said he first became a Beatles fan about 10 years ago when he first began in radio. "I am really shocked," he said. "Five years in retirement and all of a sudden he goes." In an interview earlier this year his first major interview in five years Lennon said he had wanted to leave the Beatles as early as 1966 but did not make the move until four years later because he "just didn't have the guts." Continued on Page 16. been upheld recently in courts around the country. The State College ordinance prohibits the advertising or sale of items for use with illegal drugs, with a penalty of $lO to $3OO. The constitutionality of the ordinance has been challenged by David Talmas, president of Lazy J Ltd., 232 E. College Av., and James Bauer, president of Quickdraw Accessories Inc., 137 N. Pat terson St. Council member Joseph Wakeley Jr. said he expects to see the drug parapher nalia issue reach the U.S. Supreme Court. Photo by Stel Varies