KTBB News, Weather, Talk

TYLER — Tyler police are sorting through conflicting reports concerning an overnight shooting. Shortly after 9:15 Tuesday night, Kenneth Mass, 56, was found lying on a porch at a home in the 1900 block of North Gaston. He had been shot once in the shoulder. He was taken to the hospital for treatment. Investigators are trying to sort through the conflicting stories to determine what happened as well as establish a motive for the shooting.

HUNTINGTON – A Tyler man has been injured in a one car accident on U.S. Highway 69 between Huntington and Zavalla. Flown to Tyler’s East Texas Medical Center was Ryan Edmund Morgan, 28. The Department of Public Safety reports Morgan’s car left the road, rolled several times, and then ended up side down on a creek embankment. He is said to have suffered a broken arm and leg. What caused the accident remains under investigation.

EAST TEXAS — A Whitehouse man suffered severe injuries after being struck by a vehicle on State Highway 31 near Smith County Road 24 late Monday night. He is identified as Kyle Bush, 43. According to the Department of Public Safety, Bush’s truck was traveling west on State Highway 31 when it veered into a PT Cruiser that was stopped at a stop sign on CR 24. The truck flipped upon impact. Bush was able to get out and started walking for help when he was struck by a third vehicle.

TYLER — Falling interest rates and policies implemented to preserve a high bond rating for Smith County are factors that will make paying off the recently passed jail bond faster and less expensive than originally anticipated. That’s according to an update from Specialized Public Finance, Inc., to the Commissioners Court Tuesday. Officials say Smith County may save up to $253,000 and two years of payments on the $35 million in bonds recently approved by Smith County voters. “It’s good to know that we may be able to pay this off even sooner and save money for the citizens of Smith County because of these lower rates,” County Judge Joel Baker said.

Financial analyst Steven Adams told the court that a total of $40.875 million in bonds will be issued: $35 million from the jail bond passed in May plus the refunding of existing debt. The bonds will go to bid on Monday, June 27, after the county receives an updated bond rating.

“The timing is outstanding. Our rating may come back even better than where we are right now. We are already in the cream of the crop, but we could be at the very top,” Commissioner Jeff Warr said. “The citizens had faith that we were putting together a good plan. It is great timing.” Officials say the entire bond sale process should close and funds should be delivered to the Court to use by July 26. “This is a huge savings and we want the citizens to know that,” Commissioner Terry Phillips said.

TYLER — Smith County District Attorney Matt Bingham confirms the death of his friend and Smith County Assistant DA Guy Conine early Tuesday morning of heart-related problems. Conine was 54 years old.
Conine began his work in Smith County in the mid-90s, stopping his work as an assistant district attorney for awhile to work in his own private practice. He eventually returned as a felony prosecutor in September of 2008. Bingham described Conine as “someone who never talked bad about anyone” — a person with a kind heart, who was “dedicated to his family, especially his grandson, Adam.” Bingham added, “He worked really hard for the people of Smith County.” According to KETK, on Friday, there will be a graveside service at 10:00 a.m., followed by an 11:00 a.m. memorial service at Colonial Hills Baptist Church.

TYLER — The Smith County Commissioners Court voted Tuesday to restrict the sale and use of certain aerial fireworks outside of city limits for the Fourth of July Fireworks season and as needed during existence of drought conditions. The ban applies to the sale and use of fireworks that are “rockets with sticks” or “missiles with fins.” A violation of a Commissioners Court fireworks restriction is a class C misdemeanor under state law. The ban will not have any effect on commercial displays of fireworks.

First Assistant Smith County Fire Marshal Oren Hale told the court Tuesday morning that the ban needed to be implemented due to dry conditions and the unpredictable nature of aerial fireworks. “This is a small percentage of fireworks sold,” Hale said. “They are unstable. These types of fireworks are supposed to go in the air and burn up before they hit the ground. Unfortunately, many times they do not take that path.”

As of Tuesday, no burn ban has been issued for Smith County. Hale reported that the drought index in Smith County was 624, and that local fire departments had battled approximately 100 acres of wildfire due careless burning in the past seven days. According to Hale, the Fire Marshal’s office monitors the drought index, the volume of fires reported, and severity of the fires to determine when a burn ban is warranted. Hale said the Fire Marshal’s office is monitoring the situation closely. “We try to hold off on asking for a burn ban as long as possible, due to the economic impact it can have the area,” Hale said.

TYLER — After a lengthy four year investigation a 77-year-old Cherokee County licensed deer breeder has pleaded guilty Tuesday to illegally transporting wildlife in the Eastern District of Texas and then lying about it to a U.S. Fish and Wildlife agent.

Billy Powell pleaded guilty to the felony offense of smuggling at least 37 whitetail deer, over a 3 year time span, from Indiana, Illinois, and Ohio into Texas in violation of state and federal laws. Powell also admitted that he made a false statement and submitted a false document to a U.S. Fish and Wildlife special agent who was looking into the matter. Powell has agreed to pay a $1 million fine, to be deposited into the U.S. Fish and Wildlife Lacy Act Reward Fund, as well as $500,000.00 in restitution to Texas Parks and Wildlife, on his sentencing date.

Powell’s agreement with the government calls for Powell to serve 3 years probation with six months of home confinement which will be monitored with an electric anklet. During the term of probation, Powell will be prohibited from participating in any manner in commercial deer breeding.

LONGVIEW — A Longview man could face life in prison after admitting he planned to sell more than 240 grams of hydrocodone from his home. Raffiel Sirmon Cox, 31, entered a guilty plea Monday to first-degree felony drug possession, which carries a punishment range between five and 99 years, or life in prison.

Cox was arrested July 3 by Longview Police responding to a disturbance call at his 310 Davis St. home. While there, an officer saw a marijuana-filled cigar and a clear plastic bag with 6.7 grams of hydrocodone pills. Officers found another 234.2 grams of yellow and green hydrocodone pills and a large denomination of U.S. currency in a safe, reports showed. Cox was charged with possession of a controlled substance with intent to deliver.

A sentencing hearing has not been set. Cox is out of jail on $20,000 bond.

LUFKIN — A Lufkin mother was arrested Monday morning for reportedly leaving her 1-year-old child home alone. Ashley Nicole Montgomery, 22, was arrested after 1:00 on a charge of abandoning a child with the intent to return.

An off-duty officer working security at Pinewood Park Apartments walked by a unit and heard a child crying inside. He stopped for a second and several people told him they saw the mother leave the apartment more than 30 minutes before he walked by. They said when asked about the child, she told them the baby wasn’t at the apartment, an arrest report stated. After searching, the witnesses reportedly found an open window and coaxed the child to it. They got the baby out of the apartment and turned it over to the officer.

Montgomery remained in the Angelina County Jail Monday on a $3,500 bond.

GILMER — The Upshur County District Attorney is under investigation for a possible violation of the Texas Constitution. According to KETK, documents show Billy Byrd has reportedly been paying employees bonuses with money from his hot-check fund. The Texas attorney general’s press office confirmed it received a letter May 6 from another county official requesting investigative assistance. It said the “matter is under review.” Byrd paid employee Christmas bonuses in 2007, 2008 and 2009 and wrote subsequent checks to reimburse the county for taxes on the bonuses, according to Upshur County documents.

MANGUM, OKLA. (AP) — A pool of prospective jurors remains at 21 four weeks after jury selection began for the trial of a former prison warden’s wife accused of helping an inmate she allegedly fell in love with escape. Defense attorney Garvin Isaacs says the jury pool for the trial of Bobbi Parker remained at 21 on Monday, the same number as Friday. Attorneys plan to pick 22 prospective jurors from which Parker’s 12-member jury will be chosen. Four alternate jurors will also be chosen. Parker is accused of helping convicted killer Randolph Dial escape from the Oklahoma State Reformatory in 1994. Prosecutors allege she ran away with him, but defense attorneys say Dial kidnapped Parker and held her hostage until she was rescued in 2005 in Shelby County, Texas. Parker has pleaded not guilty.

PORT ST. LUCIE, FLORDIA – The original lead singer of the Coasters, and Tyler native Carl Gardner, has died. According to the group’s web site, “Carl had been ill with congestive heart failure and vascular dementia for some time.” Gardner, who was 83, died Sunday in Port St. Lucie, Florida.

He was born in Tyler in 1928. Gardner was trained in singing by an early teacher, a German classical pianist, who also trained his sister Carol. He later studied at Emmett Scott High School, where he linked up with Lasalle Gunter´s “territorial” band, singing and playing drums.

Gardner co-founded the Coasters in 1955. It’s his voice that leads such Coaster classics as “Yakety Yak,” “Poison Ivy” “Along Came Jones” and “Charlie Brown.” He was the last surviving member of The Rock and Roll Hall of Fame Coasters. They were also the first group to be inducted into the Rock and Roll Hall of Fame. The group continues to perform. Carl Gardner Jr. has been the lead singer since his father retired in 2005.

TYLER — A suspect is taken into custody after allegedly pointing a gun at a Tyler police officer and a local resident. Monday morning around 10:15, Tyler officers responded to the area of Cedar and N. Spring Streets, on a report of a man walking around the area with a shotgun. Officers converged on the area and spotted the suspect behind a residence located at 112 E. Cedar Street. Police say the officer ordered the suspect, later identified as Christopher Dion Williams, 25, to drop his weapon. Williams allegedly pointed the 12 gauge shotgun at the officer and then fled on foot when the officer moved to cover.

According to police, Williams ran several blocks with the shotgun and was spotted several times by officers and citizens as he attempted to elude police. Williams was taken into custody by officers in the 1600 block of N. Border when they surrounded him. Williams was arrested, jailed, and charged with aggravated assault on a peace officer, a first degree felony. Upon further investigation, Williams was charged with a second-degree felony count of aggravated assault. Police allege Williams pointed the shotgun at a citizen who lived in the area of the incident.

LONGVIEW — A Tyler man is being added to the U.S. Marshals 15 Most Wanted fugitive list in connection with the murder of his girlfriend’s young son. Authorities have been searching for Simon Lopez, 26, since late last November when a warrant was issued for his arrest. Lopez fled after he dropped the 18-month-old boy off at the home of one of the boy’s aunts, according to Tyler police officials. The boy was not breathing at the time.

Lopez was babysitting his girlfriend’s two children while she worked in Lindale that day, and had reportedly left the children home alone while he took his girlfriend, Emma Torres, to work. The victim, Jeremy Silva, was pronounced dead after being rushed to the hospital by his aunt. An autopsy report showed that his death was caused from a torn atrium in his heart, a result of blunt force trauma to his chest, officials have said. The report also indicated that Jeremy suffered prior abuse, including several broken ribs and bruising to his body, according to Tyler police.

Lopez faces charges for capital murder in connection with the toddler’s death and assault on a public servant in connection with an incident in Dallas, U.S. Marshal officials said. U.S. Marshals officials said a reward up to $25,000 is being offered for information leading directly to Lopez’s arrest. Anyone with information regarding Lopez’s whereabouts is asked to contact the U.S. Marshals Communications center at 800-336-0102. You can visit http://www.usmarshals.gov for more information.

DALLAS (AP/Staff) – Largely because of a high-profile Tyler case, Texas is close to enacting a law that would provide teachers with more detailed information about the criminal histories of students in their classrooms. Texas already provides some background information about students, but the new law would turn over details of crimes and arrests that most states keep confidential. The measure was spurred by the fatal stabbing of John Tyler High School teacher Todd Henry (pictured) in 2009.

Juvenile experts complain the new law could make it harder for young offenders to lead a normal life after they are released. But educators insist teachers are in too much danger. The legislation is adding to a national debate over whether teacher safety should outweigh the rights of young offenders. It was passed by the legislature last month and awaits approval by Gov. Rick Perry.