KTBB News, Weather, Talk

TYLER – Tyler’s firefighter of the year is Travis Milligan. Milligan, seen here with Fire Chief Tim Johnson, received his plaque Saturday night at the 20th annual fire department awards banquet. The award was one of many handed out at the banquet at the Rose Garden Center. Other individual awards included:

*Leadership Award- Captain Kenneth Scheid-Fire Marshal Paul Findley
*Customer Service Award- James Seaton-Josh Spinhirne-Matt Ottaberry
*Lifesaving Award- Captain David Hickey-Firefighter Travis Milligan-Captain Dwayne Parrish-Tyler PD Officer Matt Leigeber
*District Award-District 1 A Shift
*Legends Award-Former Battalion Chief J.W. Love, hired on May 23, 1951 and retired on April 8, 1993 after 42 years of service to the City of Tyler. And Floyd Mosley, hired on February 1, 1964 and retired on January 1, 1996 after 33 years of service to the City of Tyler.
*Friend of the Department Award- Retired ATF Special Agent Larry Alexander for his many years of investigative support of the Tyler Fire Department and Ernie Cantu, EMS Educator with East Texas Medical Center EMS for his continued support and involvement with the Tyler Fire Department EMS education program.
*Recognition and Appreciation-Resident Agent in Charge Clay Alexander and the ATF-Tyler Field Office for their continued support of the Tyler Fire Department and Marjorie Vallejo for her dedication and continuing support of the Tyler Fire Department and the Tyler Fire Marshal’s Office.

TYLER – Tyler Police are looking for a man accused of aggravated assault. It was reported around 4:45 Friday afternoon in the 3200 block of Walton Road. The 20 year old victim said the suspect was her 23 year old ex-boyfriend.

She told officers they were in the process of breaking up when an argument started. The woman was sitting on the trunk of the suspect’s vehicle when the suspect got into his car and rapidly drove away, causing her to fall off the car. She received minor injuries when she hit the pavement.

The victim said the suspect then backed his vehicle up over one of her legs after threatening to hurt her to keep her from dating other people. The suspect then fled the scene in his vehicle. The victim was transported to a local hospital where she will be treated for non-life threatening injuries. The investigation into the incident continues.

WACO (AP) — The Oak Farms Dairy plant in Waco is voluntarily recalling 64,000 units of milk distributed in 10 Texas cities, including Lindale and Jacksonville. Routine testing found Alkaline Phosphatase, an enzyme naturally present in raw milk, but not present in milk that has been sufficiently pasteurized. No illnesses have been reported.

The recall includes only half gallon plastic bottles of whole chocolate milk, half-pint paper cartons of whole chocolate milk, and half-pint paper cartons of 1 percent chocolate milk that carry the Oak Farms Dairy name and the plant code 48-3302. Packages are printed with a “BEST BY” or “SELL BY” date of March 22, 2011 (printed as MAR 22 on paper half pints, 03/22/11 on plastic half gallons) and a UPC code of 4127100724, 7002635006 or 7002635007.

Only packages with the plant code 48-3302 are being recalled. No other Oak Farms Dairy products are affected by this recall.

BROWNSBORO – The death of two persons in a fire near Brownsboro Wednesday morning appears to be a murder/suicide. According to Henderson County officials, Robbie Timmerman, 47, shot and killed Cheryl Timmerman, 42. It appears as if he then set the house on fire, went into a closet and shot himself. It took place at a home on Farm Road 317 south of Brownsboro.

TYLER – Tyler police have identified the man killed in a Thursday accident as a student at Tyler Junior College. He is Randy DeShawn Smith, 19, of Groveton Texas. The accident happened shortly after 4:15 Thursday afternoon at the intersection of University Boulevard and Patriot Drive.

Witnesses tell investigators a GMC SUV and a Ford SUV, driven by Smith, were westbound on University with the Ford in the inside lane and the GMC in the outside lane. According to investigators, Smith attempted to turn right onto Patriot and turned into the path of the GMC. The vehicles collided and the Ford overturned and caught fire. Two bystanders tried to rescue the driver of the burning vehicle but were unable to before the vehicle was engulfed with flames.

Smith was pronounced dead at the scene. The occupants of the GMC SUV were treated for minor injuries. The two witnesses that attempted the rescue were burned.

TYLER – Tyler police have taken a kidnapping suspect into custody. Around 6:00 Friday morning a woman told officers she had been grabbed in front of her residence and forced into a vehicle. She identified the suspect as Kelly Jeton key, 43. She said Key took her to a location in north Tyler where he sexually assaulted her and held her against her will for most the night. The woman said she had a past relationship with Key but evidence collected supported that she was held against her will and sexually assaulted.

Officers went to Key’s home on Maplewood Street and found the suspect hiding in a closet. Investigators located crack cocaine on the suspect at the time of arrest. He has been booked into the smith county jail on charges of aggravated kidnapping and possession of a controlled substance.

QUITMAN — An ex school teacher has pleaded guilty in a Quitman courtroom to one count of improper relationship with a student. All other charges against Jo Ann Stephens, 43, have been dropped. Stephens is the former Mineola teacher who faced charges for an alleged sexual relationship with a student who was 15 at the time. Earlier, the judge dismissed lawyer Thad Davidson’s motion to dismiss the prosecuting lawyer from Stephens’s case. The judge also sanctioned Davidson. He has been fined $1,000. The judge says he ruled against Davidson’s motion because he didn’t have “civil standing.”

When asked why he filed the motion, Davidson said: “I can comment about when an attorney approaches a witness who is adverse and hostile, and pays for that witness’s dinner and drinks… and then during that dinner lets it be known that a certain type of proposed testimony would — I don’t think I should say anymore.” Davidson also says he does not regret his decision to file the motion.

LONGVIEW — Police in Longview say a major operation has brought in five suspects in local gang activity. On Tuesday at approximately 10 a.m., local authorities, along with the Longview Police Department’s Special Investigative Unit, SWAT, County Organized Drug Enforcement Officers, and Agents from the DEA conducted raids at six locations throughout Longview. Police say the raids were a culmination of a long investigation targeting a criminal street gang. During the raids, officers were able to seize approximately 10 pounds of marijuana, 3000 hydrocodone pills, 8 handguns, and an undisclosed amount of currency. Police say the narcotics seized had a combined street value of approximately $35,000.

The suspects were arrested and booked in to the Gregg County Jail. The United States Attorney’s Office has elected to adopt this case for federal prosecution. Police say all arrested individuals claimed to be members of the “Get Money Clique.”

TYLER — Staffers with the Smith County Red Cross chapter are relaying information related to the Japan earthquake and resulting tsunami. They say at this time the Red Cross is unable to accept inquiries to contact or locate family and friends in Japan. However, there are several resources available as follows:

Inquiries concerning U.S. citizens living or traveling in Japan should be referred to the U.S. Department of State, Office of Overseas Citizens Services at 1-888-407-4747 or 202-647-5225.

For inquiries about relatives living in Japan who are not U.S. citizens, the Red Cross encourages you to keep calling or to try contacting other family members who live in the region. Even though communication networks are overloaded right now, staffers say the situation may change, and access to mobile networks and the Internet may improve.

The Google Person Finder site is available at http://japan.person-finder.appspot.com/?lang=en

If you have the mobile phone number of your family member in the affected areas, you may utilize the following services to check whether he/she has registered his/her message(s) on this service. Services are available in English and Japanese.

DoCoMo: http://dengon.docomo.ne.jp/Einoticelist.cgi?es=0

SoftBanK: http://dengon.softbank.ne.jp/pc-e1.jsp

Please note that when you enter the mobile phone number for search on the web page, you should remove the country code 0081 and add 0 at the beginning. For example, phone number for example if you dial the number internationally as follows, 0081-90-8877-6655, enter it into the website as 090-8877-6655.

Staffers say the Red Cross is able to assist anyone who is trying to locate a loved one who is located in Quam or Hawaii or any of the affected Pacific Islands. To start the process, go to the American Red Cross web-site at http://www.redcross.org and look on the front page under “How to Help Victims of Disasters,” where there are several links. Click on the Safe and Well, for domestic disasters only, and follow the instructions. For those without computer access, staffers say if you contact the Red Cross office at 903-581-7981, you will be assisted.

The American Red Cross is currently in discussions with the Japanese Red Cross to assess their needs and see how to help. American Red Cross chapters in the Pacific islands of Hawaii, Northern Mariana Islands and Guam, as well as those on the west coast of the U.S., are on alert and ready to provide assistance as needed to their communities.

Those who want to help can go to http://www.redcross.org and donate to Japan Earthquake and Pacific Tsunami. Gifts to the American Red Cross will support Red Cross disaster relief efforts to help those affected by the earthquake in Japan and tsunami throughout the Pacific. People can make a $10 donation by texting REDCROSS to 90999. Their donation will go to support relief efforts for the earthquake in Japan and tsunami throughout the Pacific.

LONGVIEW — A Longview man is pronounced dead after he was reportedly runover by his tractor. According to Longview Police, Charles Elms, 77, was pronounced dead at a local hospital. Authorities were contacted by hospital staff after Elms was brought in. Officials said it appeared to have been run over by his tractor while he was attempting to repair it. According to one witness the tractor had jumped in to gear and traveled forward pinning Elms under the tires.

PALESTINE –The Anderson County Jail failed an inspection Wednesday based primarily on failing to properly document information on some inmate forms. Anderson County Sheriff Greg Taylor said Robert Green, an inspector with the Texas Commission on Jail Standards, found several deficiencies in his agency’s maintenance of inmate records, with some of those based on failure to record times and other similar information. “Technical difficulties on our paperwork caused us to be in non-compliance until we show we’ve corrected them,” Taylor said late Wednesday afternoon. No deficiencies, however, were noted in the jail’s staffing and “life safety” operations, the sheriff stated.

NEW ORLEANS (AP) – A Texas man has pleaded guilty to conspiring with a New Orleans police captain to defraud the Federal Emergency Management Agency in a kickback scheme. Thirty-seven-year-old Joseph Branch faces up to five years in prison and a $250,000 fine after Thursday’s guilty plea. His sentencing is set for June 16. Federal prosecutors say Branch, owner of Brownsboro, Texas-based Gladius Inc., negotiated a contract at inflated rates to provide armed guards to Entergy Services Inc. after a hurricane. The plot called for parts of the federally reimbursed contract to be kicked back to Branch and Capt. Michael Roussel. Roussel’s trial is scheduled to begin March 28.

LONGVIEW — A Longview man was charged with assault Thursday after police say he attacked family members. Vernon Lee Ahrenhoersterbaeumer, 35, was arrested shortly after 1 a.m. Thursday at the 300 Mobile Home Park, in the 5700 block of Gilmer Road. Ahrenhoersterbaeumer told authorities he was fighting with his brother and 16-year-old nephew when he grabbed a steel frying pan and hit his brother in the back. Ahrenhoersterbaeumer also grabbed his brother from behind in a choke hold, impeding his ability to breathe, arrest reports show.

When Ahrenhoersterbaeumer’s father tried to pull the brothers apart, Ahrenhoersterbaeumer grabbed the pan, and swung it at his brother and his father, reports showed. Ahrenhoersterbaeumer remained in the Gregg County Jail on $10,000 bond Thursday charged with two counts of aggravated assault/family violence with a deadly weapon.

TYLER – It took Tyler firemen about 15 minutes to bring an apartment fire under control. It was reported shortly after 4:00 Thursday afternoon at the Bullard Creek Apartments, 5621 Old Bullard Road. The fire originated on an upstairs balcony, in a laundry closet, but the cause remains under investigation. No injuries were reported. Fire damage was minimal. Four families have been temporarily displaced due to power being disconnected to the building while firemen extinguished the blaze.

TYLER — ETMC Tyler was recently the site of the first East Texas implantation of an MRI-friendly pacemaker, which allows magnetic resonance imaging as a diagnostic option for patients whose hearts need electrical correction. Called the Revo MRI SureScan pacing system from Medtronic, it is the first system designed, tested, and FDA-approved for use in an MRI environment. “Previously a patient with a pacemaker only had a CT scan as an advanced imaging option,” said Alex Petrakian, MD, a cardiologist with Cardiovascular Associates of East Texas and the ETMC Cardiovascular Institute. Dr. Petrakian implanted the first device at ETMC Tyler, and believes it will be an option for many patients.

DENVER, Colorado — A new study from HealthGrades again names Tyler’s Mother Frances Hospital among the nation’s top hospitals for patient safety. This is the fifth straight year Mother Frances has made the list. The HealthGrades study found that patients have a 46% lower risk of experiencing a patient safety incident at a top-rated hospital compared to a poorly-rated hospital. The study which analyzed 40 million
Medicare patient records from 2007 to 2009. HealthGrades is considered a top source of physician information and hospital quality outcomes.

QUITMAN — A motion to have former Mineola teacher JoAnn Stephens’s attorney removed from her defense is set to be heard in Wood County District Court in Quitman this afternoon at 1:30. Stephens, 43, has been indicted on five charges that include two counts of sexual assault of a child, two counts of improper relationship between an educator and student, and one count of online solicitation of a minor with intent to engage in sexual activity. The case involves a male student who was 15 years old at the time of the alleged offenses. The student has since graduated.

The motion was filed Tuesday by Attorney Thad Davidson, representing Kerry Duncan and the alleged victim in the case. The motion was the second filed in as many days concerning the case. Dan Wyde, Stephens’ attorney, filed a motion Monday to require the state to reveal any agreement or reason to cause the alleged victim to change his testimony. Wyde’s motion discusses dates on which the boy testified to the grand jury, the most recent being March 1, and the outcome of those sessions.

Wyde stated in his motion that the grand jury is entitled to know if there was any agreement or understanding to cause the alleged victim to change his testimony, such as a grant of immunity against prosecution for perjury. He said refusal to reveal any agreement constitutes violations of Fifth and Fourteenth Amendments of the U.S. Constitution. Davidson’s motion was ordered sealed after it was obtained by the Wood County Democrat and Mineola Monitor under a Freedom of Information request. The motion states that according to Kerry Duncan, Wyde recommended Ferguson, who is his friend. It also indicates Wyde is representing Ricky Stephens, JoAnn’s husband and principal at Mineola High School.

HUDSON — A Lufkin man believed to be one of the last ranking Aryan Brotherhood members in Angelina County was arrested during a Thursday morning methamphetamine raid in Hudson, according to Angelina County Sheriff’s Office investigator Tom Matthews. For the last two months, the ACSO had been doing surveillance on the Meadowbrook trailer home of Aundria Whitehead Barrett, 39, after noticing AB Sgt. Tommy “Gunz” Smith, 40, coming in and out, according to Matthews. Barrett’s home is in the trailer park, located directly behind the Hudson Police Department off Mt. Carmel Road, which Matthews termed “a gutsy move.”

LONGVIEW – With the aid of a DPS helicopter, two Longview burglary suspects have been arrested. Officers were dispatched to the 100 Block of West Avelon Street for a report of a burglary in progress. Witness told officers that two black males were seen entering a residence and then seen coming back out of the residence with what was believed to be the victim’s property. The two suspects fled the scene. The first suspect was located in the 100 Block of West Avalon. He is identified as Lonnie Sibley Jr., 19, of Longview. After a short foot pursuit a second suspect was apprehended in the 100 Block of Peterson Place. He was identified as Terry Fields, 17, of Longview. Both suspects were arrested for evading arrest and burglary of a habitation.

WASHINGTON — Longview’s East Texas Regional Airport will receive a Federal Aviation Administration grant worth $461,555 for improvements, U.S. Sen. John Cornyn announced Thursday. “These funds will be used to address needed maintenance and safety improvements at East Texas Regional,” Sen. Cornyn said. “In addition, quality transportation services are important for boosting local economic growth. I commend the area leaders who worked to secure this funding.” The grant will provide money for the rehabilitation of an airport terminal entrance road and parking lot. Officials say both pavement surfaces have deteriorated to the point of pavement failure, creating hazardous driving surfaces for passengers. Cornyn says the project will enhance the life of the pavement.

TYLER — If you want to buy a fruit you’ve never heard of, watch a chef create a gourmet meal, or have an adult beverage while you shop, there’s a new store in Tyler offering just that. It’s FRESH by Brookshire’s, which opened Thursday on Tyler’s Old Jacksonville Highway. With 250 different kinds of cheese, fruits and veggies straight from the farmer’s field and dozens of varieties of water, it gives the name “FRESH” a whole new meaning.

General manager Steve DeLello says a lot of people have been traveling outside the area to get items they can’t find in East Texas, and he wants to keep more of that traffic local. Shelves are lined with everything from regular Ragu to homemade secret sauces. DeLello adds, “You’ll see that on the grocery aisle you’ll have gourmet items right next to the every-day items. If you get confused by all the gourmet names, you can find someone with lime green shoes and they’ll give you all the answers you need.”

FRESH also has a wine and beer selection. According to DeLello, “You actually can purchase a glass of wine and have it while you’re shopping, but the intent is with a meal.” DeLello promises affordability and business to local farmers. He says the store will stock “everything from tomatoes to strawberries to onions when they’re in season,” adding, “We’ll do our best to support the local vendor.”

TYLER —Tyler’s sales tax revenues deposited for the month of March have increased 1.38% as compared to March 2010, resulting in a 3.43% cumulative year-to-date increase. The figures come from the Texas Comptroller. Officials say the current month increase was 2.60%; however, an out-of-period audit adjustment resulted in the 1.38% increase. The reported revenue of $2,525,125.45 comprises $1,683,416.97 general sales tax revenue and $841,708.48 half-cent sales tax revenue. The figures represent receipts from January 2011 collections as there is a two-month lag before taxes are reported and remitted back to the City from the State.

“During this same month in 2010, we saw a 4.19% decrease and were running 9.49% percent down for the year,” said City Manager Mark McDaniel. “To say we are pleased with the recovery this year would be an understatement.” The city budgeted for a two percent increase in sales tax revenue for 2010-2011, so remains in a good financial position at the midpoint in the fiscal year. “We are watching gas prices closely as well as the State budget process,” added McDaniel. “For the first half of the fiscal year, the City was under budget on our gas expenditures. However, as gas prices have risen, we are edging closer to the budget threshold. Should prices continue to rise, we will be implementing additional conservation activities and possibly looking to biodiesel to control our costs.”

One of the other budget concerns is potential ramifications from budget cuts at the State level. The city received more than $1.1 million in state funding this fiscal year, of which $722,000 came from Federal grants passed through the state. Officials say state funding only represents 1.2% of the city’s operating budget. They add that although the cessation of the grants would not result in staffing decreases, there is concern that the state could choose to require cities to continue the programs without providing the funding, thereby creating an unfunded mandate. “We have worked diligently to balance our budget and make the cuts needed to stay within our means through these tough economic times. Mandates to continue state programs with local resources could be devastating to city budgets,” added McDaniel.

In 2010, the city of Tyler froze more than 125 positions mid-year, delayed capital expenditures, renegotiated contracts, launched a Lean Sigma efficiency program, limited salary adjustments and took many other actions to ensure the city ended the year in a positive financial position. “Because we have no general obligation debt and pay cash for most capital improvement projects, we are able to respond to changing financial conditions,” said McDaniel. “Thanks to our Blueprint, Called to SERVE and Lean Sigma programs, Tyler has maintained its culture of continuous improvement for greater efficiencies.”

OVERTON — An East Texas officer gets into a verbal and physical fight this week with a man who officers say was drunk. It began as a domestic disturbance between a mother and son. Overton police thought it had died down. But when Captain Clayton Taylor arrived at the scene, the fight was far from over. Authorities say Jonathan Earl Stuckey, 27, lashed out at Taylor as he was trying to calm Stuckey down. Taylor got Stuckey to the ground. But while handcuffing him, Taylor realized he was badly hurt, so he called for backup and an ambulance. A broken knuckle is fortunately the worst of Taylor’s injuries.

As for Stuckey, he was booked in the Smith County Jail that night. Later transferred to the Rusk County Jail, he faces multiple charges of assault on a public servant, assault family violence, and resisting arrest. And this isn’t the duo’s first encounter with the law. They both have a rather extensive rap sheet for causing trouble in the past.

TYLER — KTBB’s Garth Maier had a chance Thursday morning to speak with former Arkansas Governor and 2008 Republican Presidential Candidate, Mike Huckabee, who is currently on tour promoting his new book, “A Simple Government”. Huckabee says government today is overly complicated. He says it’s important for people to recognize that the government the founders created was a simple government. He says the Constitution was 20 pages long and the Obama Bill is 2,300 pages long, so that’s an indication of how different things are approached.

Huckabee goes on to talk about the Tea Party movement saying he thinks it’s the greatest thing that’s happened in the American political theater since he’s been born. He explains that it’s an indication that people recognize that they are the bosses and not slaves, servants and surfs. Huckabee will be in Tyler Sunday, March 13, 2:00, at Hastings for a book signing. Click on the link below to listen to the full interview.

Listen to the Mike Huckabee Interview

LONGVIEW — A man arrested for a Longview murder is related to a pro football player. Dexter Levi Prince is the brother of Kansas City Chiefs defensive end Demorrio Williams. Longview Police arrested Prince, 19, Tuesday for two violation of probation warrants. Late Tuesday night he was charged with the murder. Police are continuing their investigation. Just after 10:00 Monday morning, officers were dispatched to a shooting in the 100 block of East Melton Street. Upon arrival they located 25-year-old Danielo E. Nelson of Longview, dead inside the house.

NACOGDOCHES — Two suspects are under arrest in Nacogdoches after a drug sweep. The Nacogdoches County Constable’s office searched a mobile home off County Road 408. During the search, they found more than a pound of methamphetamine. Two people are charged with possession with intent to manufacture a controlled substance.

TYLER – One person has been killed and five injured as the result of a two vehicle accident on Tyler’s southeast side. It happened shortly after 4:15 Thursday afternoon at the intersection of University Boulevard and Patriot Drive.

Witnesses tell investigators a GMC SUV and a Ford SUV were westbound on University with the Ford in the inside lane and the GMC in the outside lane. The driver of the Ford attempted to turn right onto Patriot and turned into the path of the GMC. The vehicles collided and the Ford overturned and caught fire. Two bystanders tried to rescue the driver of the burning vehicle but were unable to before the vehicle was engulfed with flames.

The driver of the Ford SUV was dead at the scene. The victim’s name has not yet been released. The occupants of the GMC SUV were treated for minor injuries. The two witnesses that attempted the rescue received minor burns.

BROWNSBORO – Two persons have died in a house fire near Brownsboro. The fire was reported just before 10:45 Wednesday morning on Farm Road 317 just south of Brownsboro. Once firemen extinguished the blaze, they found the victims. The names of the victims have not been determined and the cause of the fire remains under investigation.

TYLER — Following the receipt of preliminary census data, the city of Tyler has taken the initial steps to address redistricting based upon changing population patterns since the last census. Redistricting is the adjustment of electoral district boundaries to ensure that the number of voters in each district is the same; this process brings the city in compliance with the Federal Constitutional Goal of one person, one vote.

The City has hired the same consulting firm that will be used by Smith County and the Tyler Independent School District, Bickerstaff Heath Delgado Acosta LLP, to evaluate the population information in an effort enhance coordination and ultimately make the voting process easier for the community. Preliminary data was released to the consulting firm in early March, and the firm is in the process of creating GIS maps and initial demographic reports for the city to assess. It is anticipated that an introductory proposal will be released to the public for comment by June and a public meeting will be held to gather community feedback. The final plan will be submitted to the U.S. Department of Justice by July 31 with an expected effective date of January 1, 2012.

“Federal law requires the City to move forward with the redistricting process even though we are not necessarily in agreement with the preliminary numbers we have been given,” shared Planning Director Barbara Holly. “Based upon the number of households that the City submitted to the Census Bureau, we believe that the final census will be higher than the preliminary count. We are working with the regional Census office to address the issue.”

DIANA — A Diana couple is under arrest in connection with a burglary. Jason Paul Warlick, 30, and Wendy Day, 28, were arrested after Upshur County Deputies reportedly caught them burglarizing Jim’s Car Wash in Diana. Deputies say the cash taken during the burglary was found in the couple’s vehicle. They’re charged with burglary of a building.