KTBB News, Weather, Talk

HUNTSVILLE (AP) — The U.S. Supreme Court granted a stay of execution for a Texas man 20 minutes before he was to receive a lethal injection Tuesday evening. The inmate has long maintained DNA testing would help prove he wasn’t responsible for the fatal stabbing of an 85-year-old woman during a home robbery decades ago.

The nation’s high court issued the indefinite stay shortly before inmate Ruben Gutierrez was to have been taken to the death chamber of a Huntsville prison.

Gutierrez was condemned for the 1998 killing of Escolastica Harrison at her home in Brownsville in Texas’ southern tip. Prosecutors said the killing of the mobile home park manager and retired teacher was part of an attempt to steal more than $600,000 she had hidden in her home because of her mistrust of banks.

Gutierrez has sought DNA testing that he claims would help prove he had no role in her death. His attorneys have said there’s no physical or forensic evidence connecting him to the killing. Two others also were charged in the case.

The high court’s brief order, released about 5:40 p.m. CDT, said its stay of execution would remain in effect until the justices decide whether they should review his appeal request. If the court denies the request, the execution reprieve would automatically be lifted.

Gutierrez, who had been set to die after 6 p.m. CDT, was in a holding cell near the death chamber when prison warden Kelly Strong advised him of the court’s intervention.

“He was visibly emotional,” prison spokeswoman Amanda Hernandez said, adding he was not expecting the court stay. “We asked him if he wanted to make a statement but he needed a minute.”

“He turned around to the back of the cell, covered his mouth. He was tearing up, speechless. He was shocked.”

She said Gutierrez then prayed with a prison chaplain and added: “God is great!”

Gutierrez has had several previous execution dates in recent years that have been delayed, including over issues related to having a spiritual adviser in the death chamber. In June 2020, Gutierrez was about an hour away from execution when he got a stay from the Supreme Court.

In the most recent appeal, Gutierrez’s attorneys had asked the Supreme Court to intervene, arguing Texas has denied his right under state law to post-conviction DNA testing that would show he would not have been eligible for the death penalty.

His attorneys argued that various items recovered from the crime scene — including nail scrapings from Harrison, a loose hair wrapped around one of her fingers and various blood samples from within her home — have never been tested.

“Gutierrez faces not only the denial of (DNA testing) that he has repeatedly and consistently sought for over a decade, but moreover, execution for a crime he did not commit. No one has any interest in a wrongful execution,” Gutierrez’s attorneys wrote in their petition to the Supreme Court.

Shawn Nolan, an attorney for Gutierrez, expressed pleasure with the court’s decision late Tuesday. “We are hopeful that now the Court has stepped in to stop this execution, we can ultimately accomplish the DNA testing to prove that Mr. Gutierrez should not be executed now or in the future,” Nolan said in an emailed statement.

Prosecutors have said the request for DNA testing is a delay tactic and that Gutierrez was convicted on various pieces of evidence, including a confession in which he admitted to planning the robbery and that he was inside her home when she was killed.

Gutierrez was convicted under Texas’ law of parties, which says a person can be held liable for the actions of others if they assist or encourage the commission of a crime.

In their response to Gutierrez’s Supreme Court petition, the Texas Attorney General’s Office and the Cameron County District Attorney’s Office had said state law does not provide “for postconviction DNA testing to show innocence of the death penalty and, even if it did, Gutierrez would not be entitled to it.”

Lower courts have previously denied Gutierrez’s requests for DNA testing.

Authorities said Gutierrez befriended Harrison so he could rob her. Prosecutors said Harrison hid her money underneath a false floor in her bedroom closet.

Two of Harrison’s nephews and three of their friends were to have witnessed the execution. They declined to comment on the court’s reprieve.

Police charged three people in this case: Rene Garcia, Pedro Gracia and Gutierrez. Rene Garcia is serving a life sentence in a Texas prison while Pedro Gracia, who police said was the getaway driver, remains at large.

SAN FRANCISCO (AP) — Billionaire Elon Musk says he’s moving the headquarters of SpaceX and social media company X to Texas from California.

Musk posted on X Tuesday that he plans on moving SpaceX from Hawthorne, California to Starbase, Texas. X will move to Austin from San Francisco.

He called a new law signed Monday by California Gov. Gavin Newsom that bars school districts from requiring staff to notify parents of their child’s gender identification change the “final straw.”

“I did make it clear to Governor Newsom about a year ago that laws of this nature would force families and companies to leave California to protect their children,” Musk wrote.

Tesla, where Musk is CEO, moved its corporate headquarters to Austin from Palo Alto, California in 2021.

Musk has also said that he has moved his residence from California to Texas, where there is no state personal income tax.

TEXARKANA, Texas – A Texarkana man has been sentenced to federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs.  
 
Brandon Neil Sams, 48, pleaded guilty to coercion and enticement of a minor while serving as a band instructor at Texas High School in Texarkana, Texas and was sentenced to 300 months in federal prison by U.S. District Judge Robert W. Schroeder, III, on July 16, 2024.
 
According to information presented in court, Sams communicated with several of his minor students through social media and messaging applications to persuade, induce, entice, and coerce them to participate in sexual activity.  Sams provided his victims with gifts, such as cell phones, clothes, and prepaid credit cards to encourage them to do what he asked of them.  After the Texas High police department uncovered Sams’s criminal activity, several victims came forward to explain that they had been victimized by Sams in the past but had been too afraid to come forward about it for fear of backlash.
 
“We expect teachers to protect and keep their students safe from harm, not to abuse their positions of trust to take advantage of them,” said U.S. Attorney Damien M. Diggs.  “Mr. Sams used his access to teenagers to groom them to participate with him in illegal sexual activity.  The sentence he received today should serve as a warning to all child predators: we will find you, and you will face justice.”
 
This case is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
 
This case was investigated by the Department of Homeland Security-Homeland Security Investigations and the Texarkana, Texas Independent School District.  This case is being prosecuted by Assistant U.S. Attorney Robert Austin Wells.
 

ARLINGTON – After a widely panned performance of the U.S. national anthem at the MLB Home Run Derby, country singer Ingrid Andress apologized Tuesday and said she was drunk.

“I’m checking myself into a facility today to get the help I need,” she wrote in an Instagram post. “That was not me last night. I apologize to MLB, all the fans, and this country I love so much for that rendition.”

The MLB is not commenting, spokesperson Matt Bourne said.

A representative for Andress said there will be no additional comment at this time.

On Monday night, the four-time Grammy nominee belted an a cappella version of “The Star-Spangled Banner,” an incredibly challenging song to sing. Clips of her less-than-popular rendition at the Globe Life Field in Arlington, Texas, went viral.

Sports Illustrated writer Alex Carr posted on X, formerly Twitter, “I’m so sorry, I’m sure Ingrid Andress is a wonderful person, but that was one of the worst national anthems I think I’ve ever heard in my whole life.”

Here’s more to know about the incident and Andress.
Who is Ingrid Andress?

Andress, 32, began her career as a Nashville songwriter, penning songs for performers across genres, including Bebe Rexha’s “Girl in the Mirror,” Halestorm’s “Conflicted,” and the critically acclaimed “Boys,” which became an international hit for British singer Charli XCX.

Soon, she inked a deal with Warner Music Nashville and Atlantic Records for her own music, releasing her debut album “Lady Like” in 2020. Her breakthrough single “More Hearts Than Mine” proceeded the release, peaked at No. 30 on the Billboard Hot 100 and remained on the list for 20 weeks.

In 2021, she released her second-biggest song to date, the country radio favorite “Wishful Drinking,” a collaboration with singer Sam Hunt. It also spent 20 weeks on the chart, peaking at No. 47.

Her sophomore album, “Good Person,” was released in 2022.
What was the reaction to her MLB Home Run Derby performance?

Andress’ performance quickly made the rounds on social media.

Vulture blogger Bethy Squires joked that Andress sang “The Star-Spangled Banner,” “in cursive,” a reference to a popular Internet neologism referring to pop singers stretching vowels and accentuating their vocal fry.

Chris Wright, the executive editor of Saturday Down South, was a bit more delicate: “I enjoy Ingrid Andress’ music and have seen her in concert,” he wrote on X. “After listening to that National Anthem, I have a newfound respect for her producers and sound crew. Wow.”
This isn’t the first time a performance of the national anthem has been panned.

In the pantheon of controversial renditions of the national anthem at sporting events, Roseanne Barr’s rendition at a 1990 San Diego Padres game and Fergie’s at the 2018 NBA All-Star Game yielded similar reactions.

Following her performance, Fergie released a statement: “I’ve always been honored and proud to perform the national anthem and last night I wanted to try something special for the NBA,” the Grammy-winning singer said. “I’m a risk taker artistically, but clearly this rendition didn’t strike the intended tone. I love this country and honestly tried my best.”

Barr responded to Fergie’s performance, writing on Twitter at the time, “Who saw Fergie’s national anthem performance at the NBA All Star Game? I think mine was better lowkey.”
What’s next for Andress?

Earlier today, Andress had four forthcoming tour dates listed online: July 17 at Nashville’s Cannery Hall, July 24 at Denver’s Globe Hall Live Music & BBQ, Aug. 3 at Minneapolis’ Basilica Block Party, an annual music festival, and Oct. 4 at Inlet Lodge in Ocean City, Maryland, for the Country Calling festival.

Andress’ official website currently only lists the two festival dates.

A representative for Andress confirmed to The Associated Press that her “upcoming shows in Nashville and Denver have been canceled, and the venues are in touch with ticket buyers regarding refunds.”

SAN DIEGO (AP) — Arrests for illegally crossing the border from Mexico plunged 29% in June, the lowest month of Joe Biden’s presidency, according to figures released Monday that provide another window on the impact of a new rule to temporarily suspend asylum.

Arrests totaled 83,536 in June, down from 117,901 in May to mark the lowest tally since January 2021, U.S. Customs and Border Protection said.

A seven-day average of daily arrests fell more than half by the end of June from Biden’s announcement on June 4 that asylum processing would be halted when daily arrests reach 2,500, which they did immediately, said Troy Miller, acting Customs and Border Protection commissioner.

“Recent border security measures have made a meaningful impact on our ability to impose consequences for those crossing unlawfully,” Miller said.

Arrests had already fallen by more than half from a record high of 250,000 in December, largely a result of increased enforcement by Mexican authorities, according to U.S. officials.

Sharp declines registered across nationalities, including Mexicans, who have been most affected by the suspension of asylum, and Chinese people, who generally fly to Ecuador and travel to the U.S. border over land.

San Diego was the busiest of the Border Patrol’s nine sectors bordering Mexico by number of arrests, followed by Tucson, Arizona.

More than 41,000 people entered legally through an online appointment app called CBP One in June. The agency said 680,500 people have successfully scheduled appointments since the app was introduced in January 2023.

Nearly 500,000 people from four countries entered on a policy to allow two-year stays on condition they have financial sponsors and arrive at an airport. They include 104,130 Cubans, 194,027 Haitians, 86,101 Nicaraguans and 110,541 Venezuelans, according to CBP.

HOUSTON – KPRC TV reports Texas Governor Greg Abbott toured NRG Arena Monday to examine the 250 beds set up there for Houstonians who’ve been discharged from area hospitals but don’t have a safe place to go after Hurricane Beryl. The state set up the operation at NRG Arena to help with healthcare access and provide ready-made meals, water, ice, and shelter to those who lost power. With Houston Mayor John Whitmire by his side, Abbott said Texas will continue to focus on assisting residents directly impacted by the storm and those who are still without power. Abbott doubled down on his stance on demanding answers from CenterPoint Energy, stating that they have a deadline to give them information on their response or Abbott suggests issuing an executive order.

“If CenterPoint does not respond to my request, I will be issuing an executive order imposing, what I think, are the appropriate standards,” Abbott said. “The standards I want to impose on CenterPoint would be far more costly than what they may be coming up with. Separate from that, if they don’t comply with my request and refuse to work with them, we’re going to completely re-evaluate the current status of CenterPoint in our area.” Abbott did not pull any punches Sunday afternoon in going after CenterPoint for their failures in getting the lights back on for Houstonians as well as hundreds of thousands of others in the area. “The failure of power companies to provide power to their customers is completely unacceptable,” Abbott said. Abbott, who is back in the state after an economic trade mission to Taiwan, South Korea and Japan last week, joined Lt. Governor Dan Patrick at a news conference Sunday afternoon at Gallery Furniture. The governor made it clear that hurricane season is far from over and CenterPoint will be required to immediately start addressing multiple key issues to avoid what has happened post-Beryl from happening again this hurricane season.

SAN ANTONIO – The San Antonio Express-News reports destructive storms like Hurricane Beryl, which knocked out power to 3 million homes and businesses in Texas, are growing more frequent and intense — and insurers are jacking up rates in response. That could mean more big profits for property and casualty insurers like Allstate, State Farm and USAA in the coming year. Investors have bid up shares in the sector about 19% so far this year, outpacing the S&P 500’s 17% gain. It also means more struggle for homeowners who already are facing higher costs of housing. Rate increases have been a way for property insurers to offset the cost of catastrophic events.

In Texas, rates jumped an average 21.1% last year, by far the biggest increase in a decade. That was nearly twice the U.S. average, according to S&P Global. Progressive’s rates rose 10.4% in 2023, compared with just a 2.9% rise in 2022, and Allstate’s rates jumped 10.2%, up from 4.3% in 2022. Storm-driven rate increases at San Antonio-based USAA last year got credit for helping the company return to profitability. Across the U.S., hurricanes account for most insured catastrophe losses, according to investment research company CFRA. Hurricane Ian in 2022 is a reminder of the risks facing insurers. It was among the costliest storms in U.S. history at just over $118 billion, according to the National Oceanic and Atmospheric Administration. Hurricane Katrina in 2005 was the costliest at about $200 billion. The U.S. experienced 28 separate billion-dollar weather and climate disasters in 2023 — the most ever — according to NOAA. That surpassed 22 such events in 2020. The current hurricane season is already one for the record books. Hurricane Beryl, just the second named storm of the season, became the earliest storm to develop into a Category 5 hurricane in the Atlantic. NOAA is forecasting an above-normal season with as many as 25 named storms, up from 20 named storms and seven hurricanes in 2023. “If this grim forecast comes to fruition, it will likely buoy pricing for many lines of property-casualty insurance and reinsurance, providing certain underwriters’ shares with a catalyst,” according to a research report from CFRA. Global insurance giant Swiss RE expects the broader sector’s return on equity, a key measure of profit, to grow 9.5% in 2024, well above last year’s 3.4% growth.