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TYLER � Smith County law enforcement agencies will be out in force during the Memorial Day holiday, today through Sunday, and they won�t be taking �no� for an answer. A multi-joint effort between the District Attorney�s Office and police agencies from all over the county will participate in the �No-Refusal� DWI Campaign once again. Upon the arrest of a suspected drunk driver, he or she will be asked to blow into a breath-test machine or take a blood test. If the driver refuses, officers will obtain an immediate search warrant signed by a judge on call to have blood drawn by a nurse on staff at the Smith County Jail. The blood is then analyzed to determine whether the driver�s blood-alcohol concentration is 0.08 or higher, the legal limit for driving in Texas.

Authorities say the program has proven to be an effective tool to combat drunken drivers. According to law officers, it is the intent of all law enforcement agencies that this effort will act as a deterrent, persuading people to avoid driving while intoxicated because they know that police officers will be conducting sobriety testing with or without driver�s consent.

AUSTIN (AP) � Area Senator Bob Deuell weighs in as a ban on smoking in Texas bars and restaurants is snuffed out. Senators tell The Associated Press that the proposed ban has been stripped out of one of the final spending bills before the Legislature. Supporters have tried for several years to restrict smoking in public places on a statewide basis. They hoped tying one to a critical spending bill would get it passed. Supporters said it would save Texas hundreds of millions of dollars treating people who get sick from smoking-related diseases. The House passed the ban, but it ran into problems in the Senate. Deuell, R-Greenville, says lawmakers didn�t want to risk losing the spending bill and its critical school finance provisions by tying it to a controversial measure like the smoking ban.

TYLER � A 31-year-old Malakoff man has pleaded guilty to federal charges related to a massive credit card scheme. Nathan Michael pleaded guilty to access device fraud Thursday in Tyler before U.S. Magistrate Judge John D. Love.

According to information presented in court, on August 18, 2010, a federal search warrant was executed at Michael�s residence. During the search, law enforcement officers recovered counterfeit charge card making equipment, hundreds of counterfeit charge cards, and cash value cards. A forensic analysis of the equipment revealed that over 6,500 victim entries were fraudulently obtained by Michael.

According to authorities, further investigation revealed that Nathan Michael; his brother, Christopher Michael; Elizabeth Pickrell; and Corey Davis conspired together to commit access device fraud in Henderson and Smith counties. The four defendants allegedly obtained goods and services by using fraudulent credit card account numbers obtained through the Internet and at Chicken Express in Tyler, where Pickrell was employed at the time of the fraud. According to evidence, over 500 accounts were compromised in Tyler alone. A federal grand jury returned an indictment on November 3, 2010, charging the four individuals with federal crimes.

Nathan Michael faces up to 10 years in federal prison at sentencing and possible restitution in the amount of $100,000. A sentencing date has not been set. Christopher Michael pleaded guilty on May 10, 2011, and Pickrell pleaded guilty on April 5, 2011. They are both awaiting sentencing. Corey Davis is set for trial on June 7, 2011.

TYLER � Tyler police report several arrests as narcotics warrants are served. Around 8:00 Thursday morning, The Tyler Police Department Narcotics Unit along with the Special Operations Team (SWAT) executed two narcotics search warrants at two separate locations in Tyler. The first search warrant was executed at 3102 Frankston Highway. Police say while they were conducting the search warrant, less than one gram of crack cocaine was discovered inside the residence along with assorted pills.

Investigators arrested Jerry Lewis Bowens, 28, and Brittany Michelle Cox, 21. Bowens and Cox were both charged with manufacture and delivery of controlled substance, a state jail felony, and possession of dangerous drugs, a class A misdemeanor. Bowens was additionally charged with theft of a firearm, also a state jail felony, and Cox was also charged with unlawful possession of firearm by a felon, a 3rd degree felony, after several weapons were reportedly located inside the residence.

After officers secured the residence and occupants on Frankston Highway, they proceeded to 1618 Outer Drive and executed the second search warrant. Upon completion of the search of the residence, investigators say they located 9.3 grams of crack cocaine. Investigators arrested Justin Demone Smith, 22, and Denise Sessions, 23. Both were charged with manufacture and delivery of controlled substance, a 1st degree Felony. Kara Crawford, 26, was charged with possession of a controlled substance (marijuana), a class B misdemeanor.

When the warrant was served, Child Protective Services was contacted and took custody of three small children who were inside the residence at the time. Police say the investigations were initiated after citizens� complaints were received of illegal drug activity.

HENDERSON � East Texans living and working near Sadler�s Smokehouse in Henderson say they can�t stand the smell. The odor is said to come from three wastewater ponds on Sadler�s Smokehouse property. According to the Texas Commission on Environmental Quality, the ponds hold leftover grease and animal by-products. The TCEQ issued Sadler�s a violation notice, which means the company has fourteen days to get rid of the smell. The TCEQ says if Sadler�s isn�t in compliance come June 6, the company will have to pay a fine and answer to authorities in Austin. Sadler�s President James Reed declined comment.

TYLER � Smith County commissioners are cracking down on people who smoke too close to county facilities, and Smith County prisoners will soon say goodbye to their cigarettes. County commissioners approved new penalty provisions Tuesday for the county�s smoking policy. The law already says every smoker must be 50 feet away from county buildings to smoke, but now smokers will get hit with a class C misdemeanor and a $200 fine. Another part of the law will be extremely unpopular with Smith County inmates. Officials say as of January 1, all inmates will have to go without their smokes. Officials say the new policy will be eased into, but it�s still the law.

SMITH COUNTY � Smith County officials along with the SPCA of Texas served a warrant at 13513 Ronald Circle near Hwy 31 West in Smith County early yesterday morning searching for a suspected �puppy mill.� Officials reportedly found more than 70 dogs at the location. The dogs were said to be medically neglected and used in a large-scale breeding operation, and were all housed in a 1,400 square foot home on the property. The animals will be taken to the Perry Animal Care Center in McKinney where they�ll be examined by medical staff and cared for until a custody hearing. Officials said a woman, Torri Silvas, and her husband, Refugio Silvas, were being questioned at the scene. No word yet on possible charges.

The raid is the result of a lengthy investigation into the location. Authorities had received several complaints about the house from the public. People had reported purchasing puppies for $300 to $400 each. Some of the puppies would die only days later. Some of the dogs seized from the location are blind, others have matted fur and disease. There are two very small litters at the location.

LONGVIEW — One person was injured in an accident in Longview Wednesday night. Longview Police say it happened at North Judson Road and Pliler Precise in Longview when a van hit an 18-wheeler. The driver of the van was taken to a local hospital with serious injuries.

LINDALE — A one vehicle rollover accident near Lindale Thursday morning has left one person dead. The DPS says it happened around 4:30 on Farm Road 16, four miles east of Lindale. Blake Allen Owens, 24, of Lindale was pronounced dead at the scene. Officials say Owens was westbound in a pickup at an unsafe speed when the vehicle drove off the roadway, over-corrected, and rolled several times. The DPS says Owens was wearing a seat belt.

LONGVIEW — A Longview man was released from jail Wednesday after police said he shot the men repossessing his car. William Walton, 25, was charged with two counts of aggravated assault with a deadly weapon. Bond was set at $200,000.

Walton was arrested about 6 p.m. Tuesday he shot at two men who were attempting to repossess his Chevrolet Impala, according to police. Two men, including 22-year-old Joseph Castillo were injured in the shooting at the 1300 block of Birdsong Street, police said. Castillo and an unidentified man were taken to Good Shepherd Medical Center.

Police said Walton fired several rounds from a handgun. One employee was shot, and the other employee was injured from debris, police said. Both men were released from the hospital Wednesday.

TYLER � Tyler police are tying to piece together the events that led to two people being injured Wednesday night. The investigation began when Officer Cory Chamberlain noticed a man in the 300 block of Poplar Avenue with some minor injuries and a stab wound to his left forearm. He is identified as Billy Joe Smith, 42, of Tyler. EMS was called to the location.

A short time later Trinity Mother Frances notified police about a stabbing victim who had arrived at their emergency room by private transport. Officers contacted Russell Collins, 38 of Tyler, who said he had been involved in a fight with another male on Poplar Avenue. Collins had multiple lacerations, none appearing to be life threatening.

Both Smith and Collins were interviewed concerning this incident. Due to conflicting stories, this case will be investigated further by the Major Crimes unit.

KAUFMAN � A Kaufman County Justice of the Peace, who has been in office since the first of the year, has been arrested. Booked into the Kaufman county jail was Precinct One Justice of the Peace Eric Williams. His bond was set at $5,000 on a charge of burglary of a building. His arrest followed a week and a half long probe into missing computers from the Kaufman County I-T Department.

PALESTINE (AP) – A medical examiner has determined that the recent death of an 8-year-old East Texas girl was a suicide by hanging. Investigators had said the second-grader was found dead in a wooded area near her family’s home just northwest of Palestine the night of April 17. Anderson County Sheriff Greg Taylor told the Palestine Herald-Press that he concurs with the finding by Dr. John A. Stash of the Southwest Texas Forensic Science Center in Tyler. Precinct 4 Justice of the Peace James Westley says he’s not ready to rule the death a suicide, and he has the final say under Texas law. Taylor’s investigation and Stash’s autopsy concluded the girl died on her knees, leaning against baling wire tied around her neck and to a tree branch.

AUSTIN (AP/Staff) – Republican State Representative David Simpson of Longview has received a couple of setbacks in legislative activity. A bill that would prohibit federal agents from intrusive searches during airport security pat downs is likely dead in the Texas Senate after a threat from federal officials to close airports if the measure passed. Simpson introduced the bill in the House. The Senate bill sponsor blamed Lt. Gov. David Dewhurst for turning senators against his bill Tuesday night. Republican Sen. Dan Patrick said he lost votes to bring the bill to the floor for a debate because Dewhurst caved to pressure from the federal government.

The measure, already approved by the House, would make it illegal for anyone conducting searches to touch private parts under or through clothing. It also prohibits searches “that would be offensive to a reasonable person.” Patrick said he doesn’t have the support to bring the bill up again for a vote.

Meanwhile, a bill outlawing Salvia divinorum, a hallucinogenic known as Diviner’s Sage, has passed the Texas House – despite Simpson’s effort to kill it. The measure would place Salvia under Penalty Group 3 along with peyote, codeine and steroids, punishable as a state jail felony. Simpson said Wednesday he would speak on the bill for 10 minutes, a move that knocked it off the list of bills without opposition. That looked like the bill’s demise. However, the bill’s sponsor, Republican Rep. Charles “Doc” Anderson, attached a modified version to separate legislation on controlled substances. His amendment passed 142-2. The full bill then passed the House. It now heads back to the Senate for reconsideration with the new amendment.

TYLER � The realignment of the Tyler city council�s single member districts was the topic of a presentation and public hearing yesterday. Last month the city council adopted redistricting criteria for the consultants to use as the framework for developing options. City Attorney Gary Landers said yesterday council members heard two options for proposed new boundaries to achieve proportionate representation in our Council districts.

Option “A” is the consultant’s attempt to balance the total number of voters in each district as closely as possible. Option “B” incorporated recommendations from Option “A”, but involves fewer geographical shifts that result in changes in voting precinct boundaries and takes into account the need to ensure that in the majority-minority districts the new districting plan does not result in a reduction of the minority group’s ability to elect a candidate of their choice. According to Landers, there is “less change in voter precinct boundaries should result in less voter confusion during the next election,”

The Council expressed support for Option “B” and asked the public for comments in preparation for a second public hearing on June 8.

According to a city news release, Tyler last redistricted in 2000; since that time, there has been a sizable increase in the total population of the city, requiring the City to again redistrict. The United States Constitution requires that each district within a city have approximately equal population. Preliminary results from the 2010 Census indicate that the population of Tyler is 96,900, an increase of 15.84% from the 2000 Census. The distribution of that growth has not been evenly dispersed resulting in an uneven number of residents in some of the City’s single member districts. Given Tyler’s current population, each district should have 16,150 residents or be within 10 percent of that figure. To achieve this equity, district boundary lines must be adjusted to rebalance the populations in the districts.

In addition to the one voter – one vote rule, cities in Texas must be aware of the federal Voting Rights Act requirements that govern the redistricting process. To ensure redistricting obligations are met, the City of Tyler along with Smith County and Tyler Independent School District, has contracted with the law firm of Bickerstaff and Health to assist with the redistricting process to increase coordination and cooperation. It is anticipated that this coordination will assist voters in the future.

Once a plan is adopted, the city must still get approval from the U.S. Department of Justice for the new district boundaries before they are implemented in an election. At the June 8th public hearing, the city council could vote to approve a redistricting plan. That plan will then be submitted to the Department of Justice after adoption and be implemented prior to the 2012 City Council elections.