Big Sandy PD arrests suspect after threats to ‘shoot the school up’

Big Sandy PD arrests suspect after threats to ‘shoot the school up’BIG SANDY — According to our news partner KETK, a suspect has been arrested after allegedly making threats against Big Sandy ISD campuses on Friday. The Big Sandy Police Department said they received calls on Friday at around 11:30 a.m. of someone making threats to attack Big Sandy ISD schools. Officers were stationed at Big Sandy ISD campuses and requested for additional assistance from other law enforcement agencies in Upshur County.

Police said all law enforcement remained on campuses from noon until school was released. Officers then provided extra security at the football game that night. Throughout the weekend, the police department continued their investigation and located the suspect who reportedly made the threats against the schools.

An arrest warrant was served at a home in Upshur County at around 2:30 p.m. on Monday and the suspect was taken into custody. Continue reading Big Sandy PD arrests suspect after threats to ‘shoot the school up’

Two arrested in connection to dog fighting bust in Smith County

Two arrested in connection to dog fighting bust in Smith CountyTYLER — According to our news partner KETK, the Smith County Sheriff’s Office have arrested two men in connection to a dog fighting bust north of Tyler on Monday where nearly 60 dogs have been recuperated.

The sheriff’s office said at around noon on Monday the Smith County Animal Control were notified after someone found wounded dogs near a home on CR 4136. On Tuesday, the sheriff’s office arrested 34-year-old Kerry Jones of Tyler and 31-year-old Michael Jones. Kerry has been charged with cruelty to non-livestock animals and participating in the earnings of or operations of a facility used for dog fighting. He is being held at the Smith County Jail under a combined bond of $560,000.

Michael has been arrested with cruelty to non-livestock animal and is being held at the Smith County Jail on a $500,000 bond. Continue reading Two arrested in connection to dog fighting bust in Smith County

Data indicates voting by noncitizens is rare

TEXAS (AP) – Only U.S. citizens are eligible to vote in this fall’s election for president and other top offices. While that’s nothing new, the potential for noncitizens to register or vote has been receiving a lot of attention lately.

Citing an influx of immigrants in recent years at the U.S.-Mexico border, Republicans have raised concerns about the possibility that noncitizens will be voting — something that has rarely occurred in the past. In Congress, House Speaker Mike Johnson is seeking to link an extension of federal government spending authority to a proposal requiring states to obtain proof of citizenship when registering people to vote.

In various states, GOP officials have launched reviews of voter rolls, issued executive orders and placed constitutional amendments on state ballots as part of an emphasis on thwarting noncitizen voting. Some Democrats contend the measures could create hurdles for legal voters, are unnecessary and lead people to believe the problem of noncitizens voting is bigger than it really is.
What does the law say?

A 1996 U.S. law makes it illegal for noncitizens to vote in elections for president or members of Congress. Violators can be fined and imprisoned for up to a year. They can also be deported.

When people register to vote, they confirm under penalty of perjury that they are U.S. citizens. Federal law requires states to regularly maintain their voter rolls and remove anyone who is ineligible, a process that could identify immigrants living in the country illegally.

No state constitutions explicitly allow noncitizens to vote, and many states have laws that prohibit noncitizens from voting for state offices such as governor or attorney general. But some municipalities in California, Maryland and Vermont, as well as the District of Columbia, do allow voting by noncitizens in some local elections such as for school board and city council.
What is Congress doing?

Congress needs to approve a stopgap spending bill before the Sept. 30 end of the budget year to avoid a government shutdown. At the urging of some Republicans, Johnson is seeking to combine a six-month extension of government spending with a measure requiring proof of citizenship, such as birth certificate or passport, to register to vote.

Johnson said Congress has a responsibility to “ensure that only American citizens can decide American elections.”

The plan is similar to a bill Republicans pushed earlier this year known as the Safeguard American Voter Eligibility Act. That legislation passed the Republican-led House in July largely along partisan lines but has not come to a vote in the Democratic-led Senate.

House Democratic Leader Hakeem Jeffries said Monday that he opposes the latest Republican attempt to require proof of citizenship for voter registration. He said the stopgap spending bill should be free of “partisan policy changes.”

The Biden administration also has opposed the Republican efforts while asserting that existing laws against noncitizen voting are working.
What does the data say?

Data from states indicates that voting by noncitizens is rare, But Republican officials have highlighted voter registration reviews that turned up potential noncitizens.

Texas Gov. Greg Abbott, a Republican, said last month that more than 6,500 potential noncitizens have been removed from Texas voter rolls since 2021, including 1,930 with “a voter history” who have been referred for investigation by the attorney general’s office. Texas has almost 18 million registered voters.

Ohio Secretary of State Frank LaRose, a Republican, said in August that he referred for potential prosecution 138 apparent noncitizens found to have voted in a recent election and 459 more who registered but did not vote. Those figures were higher than reviews from previous years but a small fraction of the more than 8 million registered voters in Ohio.

Alabama Secretary of State Wes Allen, a Republican, recently announced that 3,251 people previously identified as noncitizens by the federal government are being switched to inactive status on the state’s voter registration rolls. They will be required to provide proof of citizenship and fill out a form to vote this fall. Alabama has more than 3 million registered voters.

In Georgia, Republican Secretary of State Brad Raffensperger found that 1,634 potential noncitizens tried to register to vote between 1997 and 2022, though election officials flagged them and none was registered. Georgia registered millions of other voters during that time.

Some election administration experts have said the voter roll reviews show that current tools to flag noncitizen voters are working.
What do the courts say?

Arizona provides a case study for the long-running attempts by Republicans to prohibit noncitizen voting.

Under a 2004 voter-approved initiative, Arizona required a driver’s license, birth certificate, passport or other similar document to approve a federal voter registration application. But the U.S. Supreme Court ruled in 2013 that Arizona cannot require documentary proof of citizenship for people to vote in federal elections.

The state responded by creating two classes of voters. For state and local elections, voters must provide proof of citizenship when they register or have it on file with the state. But because that cannot be required in presidential and congressional elections, tens of thousands of voters who have not provided proof of citizenship are registered only for federal elections.

An August order by a divided U.S. Supreme Court will allow voter registration forms submitted without “documentary proof of citizenship” to be rejected by Arizona counties while litigation over the law continues. People will be able to register to vote in presidential and congressional elections using a different federal form that requires people to swear they are citizens under penalty of perjury, without requiring proof.
What’s on the ballot?

Republican-led legislatures in eight states have proposed constitutional amendments on their November ballots declaring that only citizens can vote.

Proposals in Iowa, Missouri, North Carolina, Oklahoma, South Carolina and Wisconsin would replace existing constitutional provisions stating that “every” citizen or “all” citizens can vote with new wording saying “only” citizens can vote. Supporters contend the current wording does not necessarily bar noncitizens from voting.

In Idaho and Kentucky, the proposed amendments would explicitly state: “No person who is not a citizen of the United States” can vote. Similar wording won approval from Louisiana voters two years ago.

Voters in North Dakota, Colorado, Alabama, Florida and Ohio passed amendments between 2018 and 2022 restricting voting to “only” citizens.
What else are states doing?

Although noncitizen voting already is prohibited in the state constitution, Republican Gov. Jeff Landry of Louisiana is continuing to draw attention to the issue. He recently signed an executive order requiring state agencies that provide voter registration forms to include a written disclaimer that noncitizens are prohibited from voting.

In Georgia, Raffensperger is requiring every polling place to post a sign in English and Spanish warning noncitizens that it is illegal to vote.

Republican Attorney General Ken Paxton of Texas, citing “significant growth of the noncitizen population” in the state, set up a special email account to report suspected violations of election laws.

In Wisconsin, Republicans have filed a pair of similar lawsuits in recent weeks that challenge the state’s process for verifying whether a registered voter is a citizen. The lawsuits seek court orders requiring the elections commission to perform checks to ensure there are no registered voters who are noncitizens.

North Carolina Republicans have sued the state election board, alleging it is not enforcing a new law aimed at removing people from voter rolls who seek jury duty exclusions because they are not citizens.

Tennessee’s top election office sent letters in June asking for proof of citizenship from more than 14,000 registered voters, though those who failed to respond won’t be barred from voting. The list was based on data from the state Department of Safety and Homeland Security, which has information about whether residents were U.S. citizens when they first interacted with that department.

Report spotlights economic impact of immigrants in Dallas

DALLAS – The Dallas Morning News reports immigrants in Dallas contributed nearly a billion dollars in state and local taxes and had billions left in consumer spending power, according to a report released recently by the American Immigration Council in partnership with the city of Dallas. Economic Impact Report: New Americans in Dallas highlights immigrants’ role in the city of Dallas’ workforce as taxpayers, consumers, entrepreneurs and more. In 2022, immigrant households earned $10.7 billion in income, of which $1.6 billion went to federal taxes and $900.6 million to state and local taxes, according to the report. This left households with $8.2 billion in spending power. “This report sheds new light on the important role that immigrants play in the local economy,” said Nan Wu, the American Immigration Council’s research director.

“When people think about their daily lives, they are not aware of all the different ways that immigrants contribute to their local communities,” Wu said. The report, published in April, says that immigrants make up 23.2% of Dallas’s population, and approximately one-third of households had at least one immigrant resident. Immigrants represent 28.4% of Dallas’ employed labor force, and in industries such as construction, they represent 63% of the workforce, according to the report. They also represent 26.4% of STEM workers. Ricardo Martínez, originally from Durango, Mexico, arrived in Dallas in 1998 and began working in the construction industry. He was one of the nearly 10,000 workers who helped build Globe Life Field, the Texas Rangers’ home. “I started out picking up trash at construction sites, and little by little, I moved up the ranks,” he said in a 2020 interview, when he was a crew supervisor at Globe Life Field.

How Fort Worth sparked a movement to limit local control in Texas

FORT WORTH – After Denton residents took the unprecedented step of banning hydraulic fracturing in the North Texas city a decade ago, the powerful oil and gas industry and allies in the state Legislature wasted little time in striking back, according to the Fort Worth Report. House Bill 40 went into effect the next year, not only overturning Denton’s fracking ban but blocking all Texas cities and counties from asserting regulatory authority over oil and gas drilling. As it turned out, the retaliatory strike by the Texas Legislature was hardly a one-off. Players on both sides of the issue now look back on House Bill 40 as the starting point of a yearslong legislative assault, embraced by Gov. Greg Abbott, that has transferred a succession of local powers into the hands of state government. The most sweeping power realignment emerged from last year’s Texas Regulatory Consistency Act, designed to bar cities and counties from passing ordinances that challenge state authority in a broad range of policy categories, including business and commerce, finance, labor and agriculture.

Architects of House Bill 2127 say the measure was needed to replace a patchwork of often conflicting local laws with a predictable regulatory framework developed and governed by the state. Dubbed by opponents as “The Death Star” because of its broad impact on local governments, House Bill 2127 was declared unconstitutional by Austin State District Judge Maya Guerra Gamble days before it took effect on Sept. 1, 2023. The ruling is being appealed by Attorney General Ken Paxton and is likely to be ultimately decided by the Texas Supreme Court. In earlier years, the Republican-led Legislature also overrode local governments in preempting ordinances that included banning puppy mills, curtailing plastic bags and establishing local policies regarding sick leave and evictions. Abbott also signed a 2017 law transferring regulatory authority over ride-sharing companies to the state from local governments after companies like Uber and Lyft protested local requirements such as fingerprinting drivers.

Mother leaves 7-month-old in hospital parking garage

TEXARKANA — Mother leaves 7-month-old in hospital parking garageA 7-month-old was taken into Child Protective Services’ custody after East Texas officials located her inside a vehicle at a hospital parking garage according to our news partners at KETK. The Texarkana Police Department received calls of a baby reportedly locked inside a vehicle at a hospital parking garage. When officers arrived, they found security officers and several nurses surrounding the car. “They told us that someone had noticed the parked car’s motor was running and then saw an infant alone in a safety seat inside the car,” the Texarkana Police Department said. “They were able to get into the car through a window that had been left cracked and got the baby out.” While trying to locate the owner of the vehicle, Britney Petro went up to officers and said the vehicle and the child were hers. She reportedly told officers she had left her 7-month-old baby alone in the car because she could not find a babysitter that morning. Continue reading Mother leaves 7-month-old in hospital parking garage

CenterPoint Energy preparing for severe weather from the Gulf

HOUSTON – The Houston Chronicle reports that as a tropical disturbance continued to develop in the Gulf of Mexico Sunday, CenterPoint Energy representatives said they were monitoring weather forecasts and preparing for potential severe weather along the Texas coast and in the Houston area. The idea is to avoid widespread power outages such as those following Hurricane Beryl this summer. The tropical wave, which could eventually become Tropical Storm Francine, had been in Mexico’s Bay of Campeche as of Sunday afternoon, the same time experts suggested the disturbance had a 90% chance of developing into a tropical depression or storm, according to the National Hurricane Center.

CenterPoint is taking several steps to prepare for possible severe weather, including prepping crews and equipment, securing work sites and securing additional resources from mutual assistance companies, the company said in a news release. Additionally, the company is reminding customers to follow natural gas and electric safety guidelines as well as prepare themselves and their homes for severe weather by assembling a storm preparedness kit, which includes supplies like flashlights, water, nonperishable food items, flashlights and a first aid kit. Individuals who require electricity for life-sustaining equipment are encouraged to make separate arrangements to ensure they have power, according to the news release. “We have a plan to address this potential storm, and we are executing our plan,” said Darin Carroll, senior vice president of electric business, in the news release. “Although the exact path and intensity of this potential storm are still unclear, we want to assure our customers that we are preparing for impact. We encourage everyone across the Greater Houston area and the larger Gulf Coast region to get their plans in place now for their families, loved ones, homes and businesses.”

Texas oil companies complicate OPEC’s planned production cuts

HOUSTON – The Houston Chronicle says With oil prices at their lowest level of the year, OPEC+ is again struggling with when to begin increasing crude production, announcing Thursday it was delaying plans to begin unwinding previous supply cuts by two months. Complicating the decision-making process is the degree to which OPEC+ members such as United Arab Emirates, Iraq and Kazakhstan are now reliant on investment from foreign oil companies like Texas-based Exxon Mobil and Chevron, along with European majors BP and Total. Foreign investment in Middle East oil production has increased more than 50% to $62 billion over the past five years, increasing pressure on member states in OPEC+ to increase production, according to analysis by S&P Global.

“The aim of foreign investors is not to spend billions of dollars on new oil wells and then shut them in,” said Jim Burkhard, a vice president at S&P Global Commodity Insights. “If OPEC members want to continue to attract foreign investment, their investors need need to see some type of return. It’s part of the equation. You can’t untangle that.” OPEC, the Austria-based energy organization, has been setting production quotas for member nations in the Middle East, Europe, Africa and South America since the 1960s, raising and lowering global oil supplies in a bid to control commodity prices. For member states, many of whom depend on oil revenues for a large portion of their national budgets, it’s a matter of balancing of short-term financial needs with maintaining high prices for their crude. And between economic unease around the globe, along with increased production from the United States, Canada and non-OPEC members in Latin America, OPEC has been holding back production in recent years to try and raise prices.

Stolen firearm leads to murder charge

NACOGDOCHES – Stolen firearm leads to murder chargeArrest documents for a 23-year-old charged with murder depict a firearm robbery according to our news partners at KETK. According to the Nacogdoches Police Department, officers responded at around 1:01 a.m. on Sep. 9 to Fulgham Street and found a shooting victim. The victim was taken to a local hospital where he later died. 23-year-old Jalen Boughton was arrested for murder and was taken to the Nacogdoches County Jail. Boughton’s arrest papers say he reported being involved in the shooting to police and claimed to investigators that the victim took a firearm from his vehicle and took off running. The documents said Boughton chased down the victim until he caught up with him and the victim appeared to make suspicious movements and that’s when Boughton shot him.

Abbott directs Texas Emergency Management to prepare for storms

HOUSTON – The Houston Chronicle reports Gov. Greg Abbott is directing the Texas Division of Emergency Management to prepare for additional state emergency response resources ahead of potential impacts from tropical activity in the Gulf of Mexico. This comes as CenterPoint Energy representatives announced they were monitoring and preparing for severe weather as a way to avoid widespread power outages such as those following Hurricane Beryl this summer. According to the National Weather Service, a storm system moving through the Gulf of Mexico has a 90% chance of tropical development, with increasing likelihood of development into a tropical storm or hurricane, as written in the release. According to Houston Chronicle’s meteorologist Justin Ballard, heavy rain could be expected in the Houston area, with the potential for localized flooding.

“Texas stands ready to provide all available resources needed to support Texans as a severe storm system begins to move along the Gulf Coast that will bring potential flash flooding threats and heavy rain,” Gov. Greg Abbott said in a statement, noting the state’s division of emergency management would be deployed Monday morning. “Texans are urged to take the necessary precautions for potential tropical weather, including remaining weather aware, monitoring road conditions and having an emergency plan to ensure safety of themselves and their loved ones.” The Texas Division of Emergency Management has issued an activation notice to the Texas Emergency Management Council agencies, increasing readiness level of the Texas State Operations Center to a 24-hour escalated response operations, a news release stated. Additional resources include search and rescue boat teams, helicopters with hoist capabilities, medical support teams, saw crews, support for agriculture and livestock needs, and teams to monitor road conditions and outages. These resources come from several agencies including the state’s department of public safety, transportation, health services; Texas National Guard, Texas A&M, Texas Parks and Wildlife, Public Utility Commission of Texas, Railroad Commission of Texas and Texas Commission on Environmental Quality.

Longview police investigate student’s online threat

Longview police investigate student’s online threatLONGVIEW — The Longview Police Department is investigating the validity of a threat made by a student online, according to Pine Tree Independent School District. On Monday, district officials said they were made aware of a student’s online “threatening remarks” during Friday’s home football game. According to our news partner KETK, the issue was quickly dealt with in cooperation with Longview PD, the district said.

“While our local PD investigates the validity of this threat, we want to remind parents to talk to their students about the seriousness of making any type of threatening comments,” Pine Tree ISD said. “We will always take every threat seriously because nothing is more important than the safety of our students and staff.”

Jannik Sinner addresses doping case after beating Taylor Fritz in US Open men’s final

Jannik Sinner of Italy celebrates a point against Taylor Fritz of the United States during their Men's Singles Final match on Day 14 of the 2024 US Open at USTA Billie Jean King National Tennis Center on September 08, 2024. (Photo by Sarah Stier/Getty Images)

(NEW YORK) -- Italian Jannik Sinner defeated American Taylor Fritz in straight sets in the U.S. Open men's final on Sunday.

It was the first time Sinner, the world's No. 1, has won the title, and the first time an Italian man has won the U.S. Open.

Sinner defeated the California native in straight sets, 6-3, 6-4, 7-5. This was the first time either player made it to the finals of the U.S. Open.

Sunday's win is also Sinner's second Grand Slam title this year after winning the Australian Open in January.

Sinner's road to victory had been marred by a doping scandal that resulted in points and prize money deductions rather than a ban. It was disclosed late this summer that Sinner had tested positive for the banned anabolic steroid Clostebol, which he claims he encountered after his fitness trainer treated an injury on Sinner's physiotherapist, who later worked on the player, leading to the trace amount in a test result.

The revelation all but cast a cloud over a banner year in which he won five singles titles, including the first Grand Slam title of the year.

Sinner told ABC News after the match that he was comfortable on the court despite facing criticism leading into the tournament.

"I was just happy to compete," Sinner said while holding the championship trophy.

Sinner called the saga a very tough moment for his team but maintained, "They know what, what happened and what I've done, which is I haven't done anything wrong."

Despite the criticism from some players, Sinner said he could sense the enthusiasm from the packed Arthur Ashe Stadium crowd.

Sinner found support from fans who flocked to see the final in the most well-attended U.S. Open in history. According to the United States Tennis Association, more than one million people attended the U.S. Open throughout its three-week run.

"They gave me so much energy, especially in moments where I was struggling and also today, this final, you know, playing against American and it was such a fair crowd," the 23-year-old Italian said.

The audience was also peppered with celebrities, including Taylor Swift, Travis Kelce, Olympian Noah Lyles, Martha Stewart and Bad Bunny.

For Fritz, Sunday's tournament came on the heels of an all-American semifinal on Friday, where he beat American Frances Tiafoe. Fritz walked on court to Sunday's final as the first American man to see a Grand Slam final since Wimbledon 2009, where Andy Roddick competed. Roddick was also the last American man to win the U.S. Open title in 2003.

In his post-match press conference, Fritz reflected on what he described as a "really tough match."

"I didn't, definitely didn't hit the ball as well as I expected to," Fritz said, adding, "That's just kind of how it goes when you're playing, you know, he's the best player in the world right now."

The 26-year-old got choked up as he described the pressure leading into Sunday night's match.

"I feel like the fans, obviously, American fans, [have] been wanting a men's champion for a long time, and I just, I don't know, I'm pretty upset with how I played. I feel like, I don't know, I feel like I almost let a lot of people down," Fritz said.

Fritz said his body had rested since the five-set match against fellow countryman Tiafoe. "I didn't feel anywhere near as nervous going into this match as I did in the semis. So I thought emotionally, you know, it's obviously the U.S. Open final, I want to win it, it's a really big moment. But I felt like emotionally I was going to be OK," he said.

Copyright © 2024, ABC Audio. All rights reserved.

World No. 2 Aryna Sabalenka wins US Open women’s final, beating American Jessica Pegula

Aryna Sabalenka of Belarus celebrates victory after winning the Women's Singles final match against Jessica Pegula of USA on Day 13 of the 2024 US Open at USTA Billie Jean King National Tennis Center on September 7, 2024 in New York City. (Photo by Fatih Aktas/Anadolu via Getty Images)

(NEW YORK) -- World No. 2 Aryna Sabalenka has won the 2024 U.S. Open women's singles final, beating No. 6 American Jessica Pegula in straight sets.

The 7-5, 7-5 victory marks Sabalenka's first U.S. Open win and third Grand Slam title.

"Super happy" is how Sabalenka described herself just hours after winning the U.S. Open.

"It's very special place here, and to win, to win grand slam in New York," the winner said in an interview with ABC News. Sabalenka said that she learned a lesson from the 2023 US Open final against Coco Gauff – how to work the Arthur Ashe Stadium crowd.

"After last year experience against Coco, probably last year, I didn't expect that the crowd going to be that loud," she said adding that during this tournament "I felt so much love, and it was, it was keeping me motivated."

Saturday was a bit of redemption for the Belarusian player, it was last year's final where she lost against Gauff after the American fought back to win in three sets.

This time, Sabalenka resurged in the second set after dropping 5 straight games to Pegula.

This is the sixth time Sabalenka beat Pegula. Just last month in Cincinnati, the American was bested in straight sets.

The 24,000 crowd was noticiably on Pegula's side for much of the match and paired with a closed roof – it made for a loud stadium on the game's biggest stage.

Pegula's run at the U.S. Open won't end with all bad news for her – along with the $1.8 million prize money, Pegula will wake up this Monday as the world number 3 making her the top American female tennis player on the tour.

During her post-match press conference, Pegula said she was annoyed that she lost the match but said she "was able to find some good tennis. Just wasn't quite able to sustain it."

Pegula added that she was touched by the number of friends and family were in the stands.

"I had a lot of friends that were just, I'm flying in, I'm coming, I don't care," she said, adding, "I felt like in a way, not just my journey, but my friends and family have been on this journey with me as well."

Standing on the court where she had just won her first U.S. Open, Sabalenka told ABC News that the moment she fell onto court after the championship point brought back so many emotions.

"I was just super proud of myself and my team that that we have, like, so many tough lessons here in the past, and we were able to come back stronger and and then finally, we are holding this beautiful trophy," Sabalenka said while holding the championship trophy.

Copyright © 2024, ABC Audio. All rights reserved.

Trial opening for former Houston officer charged with murder after deadly raid

HOUSTON (AP) — It’s been more than five years since a Houston couple were killed after officers burst into their home during a drug raid and opened fire, believing they were dangerous heroin dealers.

Investigators later said they only found small amounts of marijuana and cocaine in the house in Texas and accused Gerald Goines, the officer who led January 2019 drug raid, of lying about the couple to obtain a search warrant, including making up a confidential informant who had supposedly bought drugs at the home. The probe into the drug raid also brought forth allegations of systemic corruption within the police department’s narcotics unit.

Goines, 59, was later indicted on two counts of murder in connection with the couple’s death. On Monday, opening statements were set to be held in Goines’ murder trial in a Houston courtroom.

Goines has pleaded not guilty to two felony murder counts in the deaths of Dennis Tuttle, 59, and his wife Rhogena Nicholas, 58.

Both prosecutors and Goines’ lawyers declined to comment ahead of opening statements, citing a gag order in the case.

In court documents, prosecutors with the Harris County District Attorney’s Office have criticized Goines’ efforts to overturn his indictment and delay the case. In March, a judge dismissed the murder charges against Goines. Weeks later, he was reindicted.

“After more than five years of providing extensive discovery, attending numerous hearings and navigating various trial delays, the time for justice looms now,” prosecutors said in court documents.

Nicole DeBorde, one of Goines’ attorneys, has previously accused prosecutors of misconduct in the case. She had alleged that Harris County District Attorney Kim Ogg has generated excess publicity in the case, preventing the ex-officer from getting a fair trial.

Prosecutors allege Goines lied to obtain a search warrant by making up a confidential informant and wrongly portraying the couple as dangerous heroin dealers. That led to a deadly encounter in which officers shot and killed Tuttle, Nicholas and their dog, they said. Five officers, including Goines, were injured in the raid.

Michael Wynne, a Houston-based criminal defense attorney and former prosecutor not connected to the case, said some of the issues prosecutors will have to contend with include overcoming the benefit of the doubt that people tend to give to police officers.

But Goines will have too many hurdles to overcome, Wynne said.

“Mr. Goines has the best counsel you could possibly get,” Wynne said. “But I think they got an uphill battle here.”

A dozen officers tied to the narcotics squad that carried out the raid, including Goines, were later indicted on various other charges following a corruption probe. A judge in June dismissed charges against some of the officers.

Since the raid, prosecutors have reviewed thousands of cases handled by the narcotics unit.

Goines is also facing federal charges in connection with the case.

The Texas Court of Criminal Appeals has overturned at least 22 convictions linked to Goines.

One of the other cases tied to Goines that remains under scrutiny is his 2004 drug arrest in Houston of George Floyd, whose 2020 death at the hands of a Minnesota police officer sparked a nationwide reckoning on racism in policing. A Texas board in 2022 declined a request that Floyd be granted a posthumous pardon for his drug conviction stemming from his arrest by Goines.

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Follow Juan A. Lozano: https://twitter.com/juanlozano70

Trial begins over Texas ‘Trump Train’ highway confrontation

AUSTIN, Texas (AP) — A federal trial is set to begin Monday over claims that supporters of former President Donald Trump threatened and harassed a Biden-Harris campaign bus in Texas four years ago, disrupting the campaign on the last day of early voting.

The civil trial over the so-called “Trump Train” comes as Trump and Vice President Kamala Harris race into the final two months of their head-to-head fight for the White House in November.

Democrats on the bus said they feared for their lives as Trump supporters in dozens of trucks and cars nearly caused collisions, harassing their convoy for more than 90 minutes, hitting a Biden-Harris campaign staffer’s car and forcing the bus driver to repeatedly swerve for safety.

“For at least 90 minutes, defendants terrorized and menaced the driver and passengers,” the lawsuit alleges. “They played a madcap game of highway ‘chicken’ coming within three to four inches of the bus. They tried to run the bus off the road.”

The highway confrontation prompted an FBI investigation, which led then-President Trump to declare that in his opinion, “these patriots did nothing wrong.”

Among those suing is former Texas state senator and Democratic nominee for governor Wendy Davis, who was on the bus that day. Davis rose to prominence in 2013 with her 13-hour filibuster of an anti-abortion bill in the state Capitol. The other three plaintiffs are a campaign volunteer, staffer and the bus driver.

The lawsuit names six defendants, accusing them of violating the “Ku Klux Klan Act,” an 1871 federal law to stop political violence and intimidation tactics.

The same law was used in part to indict Trump on federal election interference charges over attempts to overturn the results of the 2020 election in the run-up to the Jan. 6 U.S. Capitol insurrection. Enacted by Congress during the Reconstruction Era, the law was created to protect Black men’s right to vote by prohibiting political violence.

Videos of the confrontation on Oct. 30, 2020, that were shared on social media, including some recorded by the Trump supporters, show a group of cars and pickup trucks — many adorned with large Trump flags — riding alongside the campaign bus as it traveled from San Antonio to Austin. The Trump supporters at times boxed in the bus, slowed it down, kept it from exiting the highway and repeatedly forced the bus driver to make evasive maneuvers to avoid a collision, the lawsuit says.

On the two previous days, Biden-Harris supporters were subjected to death threats, with some Trump supporters displaying weapons, according to the lawsuit. These threats in combination with the highway confrontation led Democrats to cancel an event later in the day.

The lawsuit, which seeks unspecified monetary damages, alleges the defendants were members of local groups near San Antonio that coordinated the confrontation.

Francisco Canseco, an attorney for three of the defendants, said his clients acted lawfully and did not infringe on the free speech rights of those on the bus.

“It’s more of a constitutional issue,” Canseco said. “It’s more of who has the greater right to speak behind their candidate.”

Judge Robert Pitman, an appointee of former President Barack Obama, is set to preside over Monday’s trial. He denied the defendants’ pretrial motion for a summary judgment in their favor, ruling last month that the KKK Act prohibits the physical intimidation of people traveling to political rallies, even when racial bias isn’t a factor.

While one of the defendants, Eliazar Cisneros, argued his group had a First Amendment right to demonstrate support for their candidate, the judge wrote that “assaulting, intimidating, or imminently threatening others with force is not protected expression.”

“Just as the First Amendment does not protect a driver waving a political flag from running a red light, it does not protect Defendants from allegedly threatening Plaintiffs with reckless driving,” Pitman wrote.

A prior lawsuit filed over the “Trump Train” alleged the San Marcos Police Department violated the Ku Klux Klan Act by failing to send a police escort after multiple 911 calls were made and a bus rider said his life was threatened. It accused officers of privately laughing and joking about the emergency calls. San Marcos settled the lawsuit in 2023 for $175,000 and a requirement that law enforcement get training on responding to political violence.

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Lathan is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.