KTBB News, Weather, Talk

TYLER — Significant numbers of consumers are contacting the Better Business Bureau (BBB) serving Central East Texas regarding a mailing they’ve received from HomeServe USA. The mailings inform recipients that they are responsible for the maintenance and repair of their exterior water lines, leaving them liable for repairs which could potentially cost thousands of dollars. The mailings provide an 800 number and a deadline to enroll in their water Service Line Coverage. Some consumers have stated the mailings appear to be from a local government agency or utility company.

BBB advises consumers to review these notices carefully, particularly the portion that says HomeServe USA is an independent company separate from your local utility or community. BBB received similar waves of calls related to HomeServe USA mailings in 2011. BBB also notes that while the company is correct in saying homeowners are responsible for the maintenance and repair of their waterlines “utility service connection to your home,” the warranty coverage they offer is optional.

“Similar to any warranty, service plan or insurance policy, it is up to the consumer to determine whether or not it meets their needs and is worth purchasing”, said Mechele Agbayani Mills, President and CEO of BBB Serving Central East Texas. “They should also have a good understanding about what is covered under the policy offered, as well as what is not covered.”

While some homeowners may not be covered for the line repairs offered by HomeServe USA, the BBB says anyone who is uncertain should call his or her water department to avoid paying for duplicate coverage. Likewise, BBB officials say, review your homeowner’s insurance policy to see if coverage is already provided — and contact your insurance company to ask how this coverage would work in conjunction with your current policy.

Although HomeServe USA is headquartered in Stamford, CT, the company does claim a post office box in Austin, TX. HomeServe USA has entered into consent agreements with the states of Kentucky, Ohio and Massachusetts. Both Kentucky and Ohio alleged that the mailing solicitations “generated confusion” and were “deceptive” in their appearance. The settlements should not be considered as an admission of guilt or a legal violation.

BBB recommends the following tips to consumers who receive a call or letter from HomeServe USA or similar companies:
• Read the service contract very carefully and make sure you have a clear understanding of it, especially each of the exclusions, before agreeing to buy coverage. Do not purchase any coverage over the phone without seeing a contract with all details that were discussed verbally set down in writing.
• Make sure you’re familiar with the company’s cancellation policy in case you change your mind after signing up.
• Check the company’s BBB Business Review at bbb.org
For more information, you can visit http://www.bbb.org or call 903-581-5704.

LONGVIEW — Funeral services for Gerard Cace will be held this afternoon at 2:30 at St. Mary’s Catholic Church in Longview. The owner of Longview’s famous Johnny Cace’s Seafood & Steakhouse died this week. According to KETK, restaurant employees say Cace suffered a heart attack around 2:30 Wednesday while on a fishing trip in Alexandria, Louisiana. Cace was 59.

TYLER — Well-known gun rights advocate Tom Gresham, host of KTBB’s “Gun Talk,” weighs in on Friday’s Colorado shooting tragedy in an exclusive KTBB interview. From now into early next week, we’ll be sharing some of his thoughts on the incident, which he terms “tragic” and the work of “a deranged madman.”
Among other things, Gresham says, “If there had been someone there “who had a firearm and had training and had the right mindset, something could have been done.” Gresham doubts the incident could have been stopped, but he thinks an armed and trained person might have been able to diminish the tragedy’s toll. Gresham cites a recent incident in Florida in which a 71-year-old man took on two men wielding a gun and a baseball bat at an Internet cafe. According to Gresham, “He moved decisively, he moved well, he had training, and he knew what he was doing, and he saved a lot of people.” Gresham says people often suggest calling the police in such situations. To that, he responds with his familiar mantra, “When seconds count, police are just minutes away.”
Gresham also has some advice on gathering in a movie theater or auditorium: don’t sit in the middle of a row, but choose an aisle seat. Gresham says, “If you’re in the middle of the row, you’re trapped — you can’t do anything.” Keep it on KTBB and ktbb.com for more from Tom Gresham.

NACOGDOCHES — Nacogdoches Police are searching for a black man wearing a black shirt, blue Dickie pants and a black skull cap who may have shot a gun during a disturbance in the 100 block of Dutch Street Friday morning. According to KETK, someone reported a suspect with a gun pointed at a victim’s head. The dispatcher reportedly heard two gunshots before the phone hung up. It is believed the victim is not injured, but emergency services were responding to Martin Luther King, Jr. Street.

PAYNE SPRINGS — A young boy has drowned in Cedar Creek Lake. The youngster, Truitt Kennedy, who was nearly two, and his four year old brother, were playing near the lake near the Southwood Shores area when the boy fell into the water. The accident happened around noon Thursday. He was rushed to East Texas Medical Center Gun Barrel City, where he was pronounced dead. Henderson County Game Warden Dustin Balfaufens along with the Henderson County Sheriff’s Department are conducting the investigation.

LUFKIN (AP) – An East Texas man has been sentenced to five years in prison for the beating death of his brother in a marital dispute. A judge in Lufkin on Wednesday accepted the plea agreement from Gary Wayne Hodges, 53, of Moffett as his murder trial was to begin. Hodges was charged in the April 2011 death of Kevin Hodges, 47. Gary Hodges pleaded guilty to aggravated assault with a deadly weapon causing serious bodily injury. Prosecutors say the case involved an alleged affair between the victim and the estranged wife of Gary Hodges. Investigators say Gary Hodges had vehicle trouble, returned home and found evidence of a drug lab and his wife being with his sibling. Authorities say Gary Hodges was enraged when he beat his younger brother with a tire-testing bat.

TYLER — A Kilgore woman has been sentenced to federal prison for possessing and distributing methamphetamine. Terri Young, 51, pleaded guilty March 8 to possession with intent to distribute methamphetamine. She was sentenced Thursday in Tyler to 24 months in federal prison by U.S. District Judge Leonard E. Davis. In addition to her prison sentence, Young will be required to complete a 3-year term of supervised release. According to prosecutors, on or about May 27, 2011, Young aided and abetted her co-conspirators in the possession and distribution of methamphetamine in East Texas. Specifically, Young admitted that she was responsible for assisting in the distribution of 20 grams of methamphetamine.

Three of Young’s co-defendants pleaded guilty and have been sentenced. Matthew Dean Willis was sentenced to 15 months imprisonment on June 12, 2012. On July 16, 2012, David Christopher Wheeler and Raelene Dawn Ferguson were sentenced to 46 months imprisonment. Two additional co-defendants have pleaded guilty and currently await sentencing.

FRUITVALE — Van Zandt County authorities have arrested a woman after a several hours standoff. It happened around 8:30 Thursday morning when officers responded to a report of a woman with a gun. She was in a house on County Road 1930.

A man told officers he was making coffee in the home he shared with the woman when she pointed a gun at him. When it jammed, he said she pulled a knife and tried to stab him. He then went to a bedroom and called authorities. When deputies arrived, he crawled out a window.

Officers tried to contact the woman, identified as Nancy Khabazian, 55, of Fruitvale, but she remained in the house with the weapons. When she would not come out, deputies administered CS gas into the residence. She then came out and surrendered without incident. Khabazian has been charged with aggravated assault with a deadly weapon/family violence. She was booked into the Van Zandt County Justice Center where she is being held on a $50,000 bond.

HENDERSON — A Henderson man is sentenced to 40 years in prison for aggravated sexual assault of a child under the age of 14. According to KETK and the Henderson Daily News, Juan Manuel Bernal, 37, pleaded guilty this week. Because he’s not a U.S. citizen, the paper reports he will be deported once he completes his prison term. For now, he’s in the Rusk County Jail.

CANTON — Authorities report they’ve made an arrest following a standoff in Van Zandt County. On Thursday around 8:30 a.m., sheriff’s deputies and investigators, constables from Precincts #1 and #2, and DPS responded to a call on VZCR 1930 in the Fruitvale community. That’s where they say a female had pointed a loaded gun at a male. The man told the deputies that they both resided in the home and when he was making coffee she came up to him and pointed the gun at him, but that the gun had jammed. The female suspect then allegedly tried to stab the man with a kitchen knife.

The man said he was able to retreat into his bedroom, where he contacted the Sheriff’s Office. Officials say that as the deputies arrived, the male was able to climb out of his bedroom window to escape the attack. Authorities report that the female, named as 55-year-old Nancy Khabazian of Fruitvale, remained inside the residence with the weapons. The deputies tried to make contact with Khabazian for several hours. Deputies then administered CS gas into the residence, at which time Khabazian exited the residence, where she surrendered without incident. Khabazian was then transported to the Van Zandt County Justice Center, where she is being held on a $50,000 bond for aggravated assault with a deadly weapon/family violence.

SULPHUR SPRINGS — A train/truck accident in Hopkins County has left one person dead. Killed was truck’s driver, Martin Ruiz-Herrera, 33, of Point. The accident happened around 7:45 Wednesday night on County Road 4721 and the I-30 Service Road in Sulphur Springs. The accident is being investigated by the Department of Public Safety.

TYLER — A Tyler man has died from his injuries following a two vehicle accident about four miles north of Tyler. Killed was Anthony Todd Wilkerson, 34. His motorcycle hit a pickup hauling a trailer. The Department of Public Safety reports the truck was making a U-turn when the accident occurred. The truck’s driver was identified as Todd Ryan of Whitney. The accident happened around 7:00 Wednesday night on U.S. Highway 271 just south of Interstate Highway 20.

TYLER — If you’ve taken a trip through Tyler recently, you’ve probably noticed many street lights aren’t working properly. Now we know why. The city’s traffic engineer, Peter Eng, tells KETK the city is conducting a software upgrade, which means temporary changes to intersections. Eng says crews are working on 150 signal lights around town, and so far, only half have been updated. According to Eng, “If you do see an intersection that’s going on red flash, please treat it as a 4-way stop and use extreme caution and make sure to yield to others who are already there.” Eng says the flashing red lights are only temporary, and lights should be back to normal very soon.

LONGVIEW — A Diana man has been found guilty of driving while intoxicated, his fifth offense. Robert Jearl Wyatt, 46, admitted to four prior convictions of driving while intoxicated. Wyatt faces 25 years to life in prison. Wyatt’s bond was set at $100,000. Wyatt was in the Gregg County Jail awaiting sentencing.

TYLER — Members of the Tyler Fire Department Soccer Team recently participated in the 2012 Texas Firefighter Games in Lewisville, Texas, on July 16th and 17th. After taking first place the past two years in Division 5, Tyler was moved up to Division 4 and won their third straight gold medal. Competing with over 30 teams from across the State, Tyler went undefeated and won in overtime against Plano in the Championship game. Team Tyler outscored their opponents in the tournament 23 – 4. In order to advance to the championship, Tyler defeated teams from San Angelo, San Marcos, Plano, Fort Worth, and Houston. Tyler was the only team to go undefeated in the tournament this year.

The Tyler Fire Department Soccer Team was first organized in 2008. Since that time,they have participated in four State competitions and have a record of 18 wins and only 4 losses. Members of this year’s team include: Brian Phillips, B.J. Arnold, Greg Crenshaw, Steve Wieczor, Logan Luttrell, Jay McClung, Shawn Wilson, Jason Beasley, Terence Thedford, Eric Rozell, Bruce Hill, Mason Edney, Luke Terry, Chris
Mahler, Matt Hazel, and Coach Tony Gumber.

WASKOM — A physicians assistant in Harrison County is under arrest for allegedly sexually assaulting three women. The victims tell investigators that Christopher Magill, 25, asked personal question unrelated to the examinations and exposed himself when they were alone in the exam room. One woman also said he touched her breasts inappropriately during an exam for an unrelated illness. McGill is now free on an $8,500 bond after being charged with indecent exposure and assault.

JACKSON, MISS. (AP) — Egg producer Cal-Maine Foods says it will buy two Texas plants from Pilgrim’s Pride Corp. Terms were not disclosed. The sale is expected to close in August.

Mississippi-based Cal-Maine says it’s the largest producer and distributor of shell eggs in the United States, doing business in 29 states. Cal-Maine said the two egg plants near Pilgrims’s Pride headquarters in Pittsburg, Texas, will add to Cal-Maine’s Texas business. The plants can hold 1.4 million hens.

Egg production for grocers and food service users has been a sideline for Pilgrim’s Pride, the second-largest U.S. chicken producer behind Tyson Foods. Brazil’s JBS SA owns 75% of Pilgrim’s Pride.

LONGVIEW — The owner of Longview’s famous Johnny Cace’s Seafood & Steakhouse, Gerard Cace, has died of an apparent heart attack. According to KETK, restaurant employees say Cace suffered a heart attack around 2:30 Wednesday while on a fishing trip in Alexandria, Louisiana. Cace was 59.

TYLER — A 21-year-old Tyler man, already charged in a recent robbery, has now been charged with aggravated assault in a separate incident. Elliott Bernard West Jr. was jailed on a charge of aggravated robbery in connection with an incident Sunday in which a an 82-year-old woman was robbed of the cash in her purse at the Tyler Public Library. The new charge involves a Saturday incident in the parking lot of a medical office on Hospital Drive.

On Saturday evening, West allegedly approached another man sitting in a vehicle, produced a handgun, and demanded the vehicle. The victim walked away, leaving the keys in the car. The suspect did not take the car but fled the area on foot toward Tyler Junior College. Officers from TJC located and stopped a man matching the suspect’s description and identified that person as West. According to police, further investigation later revealed West to be the suspect in both incidents. West remains in the Smith County Jail with a $750,000 bond issued by Judge Jack Skeen.

CANTON — Authorities in Van Zandt County say they arrested three suspects Tuesday in a theft that had just occurred. Van Zandt County Sheriff’s Office Investigators, along with the Canton Police Department, Department of Public Safety and the Constable of Precinct #4, responded to Highway 64 in the Myrtle Springs Community. The dispatcher told them a car with two males and a female had just left the property with items after being confronted by a witness. Responding deputies observed a car matching the description and made contact with the suspects, identified as David Alan Campbell, Mary Toland, and Shawn Nunez, all of Grand Saline. Officials say the property taken was recovered and returned to the owner.

The suspects were taken to the Van Zandt County Justice Center pending arraignment on theft charges. Toland was arrested in December of 2011 for theft of precious metals. Campbell was arrested on theft charges last September and October. Additional charges may be pending after further investigation.

HENDERSON — The Rusk County Sheriff’s Office is seeking the public’s help identifying two suspects in a weekend burglary. Two people Saturday night took several power tools from a construction site on County Road 297, according to a department news release. KETK and the Longview News-Journal report the pair took a generator, floor sander, power saw, and circular saw, among other items. Officials are asking anyone with information about the incident to call the Rusk County Sheriff’s Office at 903-657-3581 or Rusk County Crime Stoppers at 903-655-8477.

MARSHALL — A 16-year-old Harrison County girl has been missing since July 12th. According to KETK and the Harrison County Sheriff’s Office, Kimberly Burns was reported missing by her mother, Tewana Morris. Morris says her daughter was last seen at their house around 5:00 Thursday morning. She says she believes her daughter may have called someone to meet her and take her to an unknown location. The missing teen may be in the Longview area, where she has several friends.

Kimberly Burns is black, and is approximately 5’3” tall. She weighs about 165 lbs, and has brown eyes and black hair. If you have any information about Burns’ whereabouts, you are urged to contact the Harrison County Sheriff’s department, at 903-923-4000.

HENDERSON — Authorities are investigating a rash of mail thefts throughout much of rural Rusk County. According to KETK, the sheriff’s office is asking people across the county to use caution when sending out mail. Deputies have arrested two thieves so far, but the thefts have not stopped. Rusk County Sgt. Viki Penny says the bandits are watching for raised red flags on mailboxes, then taking what’s inside. The thefts have happened randomly countywide.
When sending payments by mail, authorities recommend you contact the recipient to ensure payments were received or take mail directly to the post office. The postal service has been notified, and as the investigation continues, the citizens of Rusk County are urged to use caution with outgoing mail.

TYLER — Two Kilgore residents have been sentenced to federal prison for drug trafficking violations in East Texas. David Christopher Wheeler, 30,(pictured) pleaded guilty on March 7 to possession with intent to distribute methamphetamine and was sentenced to 46 months in federal prison Tuesday. Raelene Dawn Ferguson, 27, pleaded guilty on March 6, to the same charges and was sentenced to 46 months in federal prison. Both appeared in Tyler federal court, appearing before U.S. District Judge Leonard Davis.

According to information presented in court, on February 16, 2011, Wheeler and Ferguson were involved in a conspiracy responsible for distributing methamphetamine in Gregg County. Wheeler admitted to being responsible for the distribution of 50 grams of methamphetamine while Ferguson admitted to being responsible for the distribution of 40 grams of methamphetamine. They were named in a federal indictment returned by a grand jury last November. Another co-defendant, Matthew Dean Willis, was sentenced to 15 months in federal prison on June 12 while three additional co-defendants are awaiting sentencing.

TYLER — Tyler police are looking for several men responsible for an early morning robbery. It happened around 4:00 yesterday morning on Plauxy Drive. The victim told officers she heard a knock at the door and a woman’s voice asking for help. The resident opened the door and three armed men forced their way into the apartment. The woman was put in the bathroom while the suspects stole electronics. She was not injured but did leave the location to contact police.

The victim described the suspects as black males 25-30 years of age. First suspect was wearing a white “wife beater” shirt and black shorts with a baby blue bandana over his face. Second suspect was wearing a white shirt, black shorts and an orange bandana over his face. The suspect was also wearing orange tennis shoes with white laces. The victim was unable to give a description of the third suspect’s clothing.

TYLER — The trial of Carmel Foster is now scheduled to begin July 30th. It had been scheduled for this week, but because of another case before it, State District Judge Kerry Russell rescheduled the Foster case for the end of the month. Foster is accused of injecting an unknown substance into a woman’s breast during an illegal breast augmentation, after which the victim was hospitalized. She is charged with practicing medicine without a license. Foster owns the Queen Divas salon in Tyler, where the procedures allegedly were performed. She faces up to 10 years in prison as well as a $10,000 fine if she is convicted.

TYLER — The Volunteer Tyler program has announced that city volunteers have donated 4,989 hours back to their community. “Our goal for the program was to reach 5,000 volunteer hours by the end of the fiscal year,” said Breanna Hoard, volunteer coordinator. “We are on track to far surpass this benchmark and hit 6,000 hours this year.”

The program currently has 60 active adult volunteers in seven different City departments and has used 37 youth volunteers at the Tyler Public Library. “We are working to develop, strengthen and expand the Volunteer Tyler Program throughout the City of Tyler, and this is a sure sign that we’re on our way,” said Hoard.

Volunteer Tyler is currently seeking citizens to fill 30 vacant volunteer positions throughout City Hall, Parks and Recreation, Public Library, Police Department, Municipal Court, Vehicle Services, Tyler Pounds Airport, Traffic Engineering and the Planning Department. To find out more about these opportunities go to http://www.volunteertyler.com or contact Volunteer Tyler at [email protected] or call 903-531-1100.

TYLER – Tyler ISD trustees intend to name Gary Wayne Mooring interim superintendent upon the expected resignation of current Superintendent Dr. Randy Reid. He was recently named the lone finalist for Keller ISD superintendent. TISD anticipates that Reid’s appointment in Keller will be finalized Thursday, July 26. Mooring will not be instated as interim superintendent until that time.

Mooring will return to Tyler ISD, having previously served as deputy superintendent and interim superintendent. He was named deputy superintendent in August 2006 and served as interim superintendent following Dr. David Simmons’ resignation in December 2006. He has also served Tyler ISD in various other roles. “Having previously served in multiple positions for Tyler ISD, Mr. Mooring is familiar with our district, our staff, and our community,” Michelle Carr, Tyler ISD Board of Trustees President, said. “We are confident that he will step in and lead the district on a path of continued positive growth.”

Mooring is currently the director of dual credit programs at Tyler Junior College, from which he will take a leave of absence to serve as interim superintendent. He began his career in education 30 years ago, and has served as superintendent of two school districts: Bishop Consolidated Independent School District and Hutto Independent School District.

TYLER — A man suspected in two recent incidents, including the robbery of an elderly woman, is in custody. Arrested around 11:30 Tuesday morning was Elliott Bernard West Jr., 21. He is charged with aggravated robbery in connection with a robbery at the Tyler Public Library. Around 12:00 noon on Sunday, West allegedly approached the victim, an 82-year-old woman, in the library parking lot. Police say he produced a handgun and demanded to be taken to an unknown location. The victim refused, but was robbed of the cash in her purse.

West allegedly fled the area on foot, reportedly running to Marvin United Methodist Church. Police say he was confronted there by an off-duty Tyler Police Officer working in a security role for the church. West reportedly told the officer he was interested in becoming a member of the church but needed to go to the bathroom first. Investigators say they later learned that West hid the weapon used in the robbery in a church bathroom. The weapon used was determined to be a pellet gun that resembles a real handgun.

On Saturday, July 14th, around 6:30pm, an aggravated assault occurred in the parking lot of a medical office on Hospital Drive. A man approached another man sitting in a vehicle, produced a handgun, and demanded the vehicle. The victim walked away, leaving the keys in the car. The suspect did not take the car but fled the area on foot toward Tyler Junior College. Officers from TJC located and stopped a man matching the suspect’s description and identified that person as West. According to police, further investigation later revealed West to be the suspect in both incidents. An arrest warrant is pending for the aggravated assault charge. West is currently in the Smith County Jail with a $750,000 bond issued by Judge Jack Skeen.

CROCKETT — More information has come out about a fatal wreck Monday near Crockett. According to KETK and the Houston County Courier, two of the victims involved were Farrell and Mildred Hooks. Farrell was flown to ETMC-Tyler with a head injury. Family members say he is talking and lucid. Mildred suffered only cuts and bruises. The child flown to Children’s Medical Center in Dallas has been identified as a three-year-old girl. Her name has not been released.

A man identified as Teddy Chance of Milam was killed and eight others injured in the four-vehicle wreck shortly before 11:00 a.m. Monday, one mile east of Crockett on Highway 7. Those injured included a construction flagger for Pinton Construction, according to TXDOT. Two were flown via helicopter to Tyler, one to Dallas, and five others to ETMC – Crockett. The wreck happened when three passenger vehicles that were stopped at a construction zone were run over by an 18-wheeler carrying lumber. The lumber truck did not brake; investigators are working to find out why.