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EX-GIRLFRIEND, DAUGHTER TESTIFY THEY STILL FEAR CONVICTED KILLER

Warren F. Folger Jr.'s former girlfriend and his daughter Friday told the judge who will be sentencing him for a fatal beating that they are afraid of him.

Gloria Jurn, whose boyfriend, Michael "Ziggy" Tomczak, was killed by Folger in February, told State Supreme Court Justice Ronald H. Tills she is afraid of Folger who she said stalked her after she ended their six-year relationship months before the fatal incident.

Dorene Hawes, 22, of Alden, Folger's daughter, told the judge that her father is "mean" and frightens her still.

Mrs. Hawes also told the judge that shortly after the fatal beating in the parking lot of a Depew bar on Feb. 7, her father called her from jail and told her that he "wasn't there" for the Tomczak beating.

Deputy District Attorney Lawrence M. Schwegler and prosecutor Mario Alberto Giacobbe called Ms. Jurn and Mrs. Hawes to make statements to showcase for the judge Folger's violent temper and counter his trial claims of having beaten Tomczak in self-defense after the victim's alleged unprovoked attack on him.

Folger, who has been convicted of manslaughter, is to be sentenced on Friday. Though Paul J. Cambria and Barry Covert, Folger's attorneys, disputed evidence and background information listed in a presentencing report prepared by probation officers for the judge, Schwegler and Giacobbe noted another judge had warned Folger about his temper problems some 25 years ago.

The prosecutors gave Tills a copy of the Oct. 2, 1973, sentencing of Folger on a misdemeanor assault charge by Lancaster Town Justice James Kelliher in the beating of another man with a pipe. Kelliher is quoted in that document telling Folger "you better get rid of that temper."

About a dozen friends and relatives of Tomczak also were in court Friday for what they thought was going to be the sentencing.

Folger, 45, of Dartmouth Avenue, Depew, was acquitted of second-degree murder but found guilty of first-degree manslaughter in the beating of Tomczak, 37, of Penora Street, Depew, outside Little Margie's Bar at Broadway and Bloomfield Avenue in Depew.

Jailed since his arrest hours after the incident, Folger testified that he only hit Tomczak in self-defense during a unexpected confrontation over Ms. Jurn.

Though Folger was charged with both intentional and depraved second-degree murder for the fatal injuries to Tomczak's face and head, his attorneys contended Tomczak died of a fatal brain cyst during an epileptic seizure.

Schwegler and Giacobbe said an autopsy showed Tomczak died of asphyxia, choking to death on his blood because of blunt-force injuries inflicted by Folger.

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