News groups ask Texas court to order release of Uvalde shooting records

AUSTIN (AP) — A group of news organizations asked a Texas appeals court on Wednesday to order the release of state Department of Public Safety records of the law enforcement response to the Robb Elementary School shooting in Uvalde, the latest dispute over what should be made public from one of the deadliest school shootings in U.S. history.

A judge in Travis County had previously ordered the state police agency to release its records after the news organizations sued for access. The state and the Uvalde district attorney have objected, arguing that their release could jeopardize law enforcement investigations, and the state appealed to keep them out of the public view.

In a hearing before the 15th Court of Appeals, Laura Prather, an attorney for the media organizations, called the attempt to block the records “an attempt to cloak the entire file in secrecy forever. We’re talking about the most significant law enforcement failure in Texas history … The public interest could not be higher.”

One judge on the panel noted that the DPS records include more than 6 million pages of documents and hundreds of hours of video.

The district attorney’s objection was enough to block the release under Texas law, said Texas Assistant Solicitor General Sara Baumgardner.

“(The media) can make whatever inflammatory allegations about DPS they’d like to make,” Baumgardner said. “Texas courts have recognized that the entity in best position to know what would interfere with a prosecution is the actual prosecutor, not a bunch of news outlets.”

The appeals court did not indicate when it might rule on the case. Any decision can be appealed to the state Supreme Court.

The Associated Press was not among the news organizations that sued.

A gunman stormed the school on May 24, 2022, killing 19 fourth-grade students and two teachers. More than 370 responding officers from multiple local, state and federal agencies waited more than an hour to confront and kill the gunman.

Other records from the Uvalde shooting have been released. DPS has selectively released some of those findings at news conferences and public hearings at the Legislature.

In August, Uvalde officials released a massive collection of audio and video recordings from body cameras and surveillance videos after a protracted legal fight.

Multiple reports from state federal officials have laid bare cascading problems in law enforcement training, communication, leadership and technology, and questioned whether officers prioritized their own lives over those of children and teachers.

Two former Uvalde schools police officers face criminal charges over their actions that day, and several victims or their families have filed multiple state and federal lawsuits.

Kilgore’s Post Oak Road closed due to large sinkhole

Kilgore’s Post Oak Road closed due to large sinkholeKILGORE– Post Oak Road in Kilgore is closed after a large sinkhole was discovered, that according to our news partner KETK. The sinkhole was found at a creek crossing near Highway 42 and it was revealed that a storm sewer pipe under the road has collapsed. City officials ask that drivers use caution in the area. The road will be closed until next April while repairs are made.

18-wheeler hauling cattle stalls out on I-20 in Gregg County

18-wheeler hauling cattle stalls out on I-20 in Gregg CountyGREGG COUNTY – Traffic on I-20 was backing up as officials deal with a stalled cattle hauler on the interstate. According to our news partner KETK, the 18-wheeler hauling cattle has reportedly stalled out on I-20 westbound late Wednesday morning, near Highways 31 and 42. DPS Sgt. Adam Albritton asks the drivers use caution in that area, as traffic is being impacted as they offload cattle from the vehicle. Officials said this could take several hours.

Texas hospitals to start checking citizenship status

AUSTIN – The publication Border Report says this Friday, Texas hospitals will be required to collect information regarding patients who are not legally in the country as part of an executive order from Gov. Greg Abbott. Abbott signed the order in August in an effort to collect data on the costs of caring for undocumented patients, claiming Texas “absorbs a large percentage of the costs associated with medical care for individuals who are not lawfully in the United States.” The order also directs hospitals to inform patients that their response “will not affect patient care.” Texas has the highest uninsured rate in the nation at 17% — more than double the national average. Five million Texans have no insurance, the Texas Hospital Association reported. Last year, hospitals provided more than $8 billion in “charity care” for uninsured people, with more than $3 billion not reimbursed.

Most uninsured Texans are citizens, however. While 1.6 million undocumented immigrants live in Texas, they go to the hospital at lower rates than U.S. citizens and make up a minority of the uninsured cost burden on state hospitals, the Texas Tribune reported. The American Civil Liberties Union of Texas worries the order will discourage undocumented Texans from seeking necessary medical care. They stress that patients do not need to answer the question, and cannot be denied care no matter their answer. “This order should not impact anybody’s access to care — period,” senior staff attorney with the ACLU of Texas David Donatti said. “Whether you are native-born, a U.S. citizen, an immigrant, whatever your status should be, you should be able to access the healthcare that you need and the facility should not have the ability to block you from receiving that kind of care. That is crystal clear as a matter of federal law.” Donatti said the ACLU is exploring possible legal action against the Governor’s order. The Texas Hospital Association also reassures patients that the new rule will not impact healthcare access.

Data breach hits 68,000 Texans at Texas life insurance servicer

DALLAS – The Dallas Morning News reports Nearly 68,000 Texans and more than 800,000 people nationwide could be affected by a data breach at a Brownwood-based insurance servicer, according to filings with the Texas and Maine attorneys general offices. Landmark Admin announced the breach on Oct. 23, and notices have been sent to those affected, according to the filings. Information potentially gathered includes names, addresses, dates of birth, social security numbers/tax identification numbers, driver’s license numbers/government-issued ID numbers, financial information such as credit card numbers, and medical and health insurance information. Landmark offers third-party administration services for life insurance and annuity companies, including Liberty Bankers Insurance Group headquartered in Dallas. Liberty Bankers Insurance Group includes American Monumental Life Insurance Company, Pellerin Life Insurance Company, American Benefit Life Insurance Company, Liberty Bankers Life Insurance Company, Continental Mutual Insurance Company, and Capitol Life Insurance Company.

Court records detail behind-the-scenes fight over Robert Roberson

DALLAS – The Dallas Morning News reports that in court documents made public Tuesday, Texas lawmakers provided a behind-the-scenes look at efforts to scuttle in-person testimony from death row’s Robert Roberson, either at the Capitol or at the inmate’s prison. In the end, the documents said, lawmakers were told Roberson would not be permitted to testify in “any form of hearing” before a House committee examining the inmate’s case. In a brief filed with the Texas Supreme Court, Reps. Joe Moody, D-El Paso, and Jeff Leach, R-Allen, detailed their battle with the attorney general’s office and unnamed executive branch officials to secure public testimony from Roberson. The two lawmakers, both lawyers, sit on the House Criminal Jurisprudence Committee and were among seven panel members who voted to subpoena Roberson, ultimately delaying his Oct. 17 execution.

The subpoena compelled Roberson to testify at a Capitol committee hearing Oct. 21. Prison officials began working to bring Roberson to the Capitol — ironing out transportation and security details — before the Texas attorney general’s office stepped in, sending Moody a letter saying Roberson would have to testify from prison by videoconference. Moody began the hearing by explaining Roberson’s absence and said negotiations were underway to allow the committee to hear from the inmate, who argues his conviction and death sentence should be overturned because they were based on outdated science and debunked theories surrounding shaken baby syndrome. In the legal brief filed with the Supreme Court, which has been asked to weigh the legality of the committee subpoena, Moody provided his account of what was happening outside of public view — including his frustration with what he described as an unresponsive attorney general’s office. “The executive branch took exception and refused to honor the subpoena,” the lawmakers wrote. “That impasse remains today.”

Arrest made in Longview apartment shooting

LONGVIEW – Arrest made in Longview apartment shootingOur news partners at KETK report that a 29-year-old is behind bars in connection to the Monday Longview apartment complex shooting that injured one man. The Longview Police Department said 29-year-old Andre Avant, of Longview, was booked into the Gregg County Jail and charged with aggravated assault with a deadly weapon. Avant is being held on a $150,000 bond.

East Texas man sentenced 750 years for child porn

PANOLA COUNTY – East Texas man sentenced 750 years for child pornAn East Texas man found guilty of possessing child pornography has received what is believed to be the longest prison sentence in Panola County history, according to our news partners at KETK. According to the Panola County Criminal District Attorney’s Office, a judge sentenced Christopher James Williamson, 38 of Carthage, to a cumulative prison term of 750 years on Monday. The Texas Department of Public Safety Criminal Investigations Division originally arrested Williamson on Feb. 6 for possession of child porn, then indicted by a Panola County Grand Jury for ten charges of possession. The DA’s office said a DPS agent testified “that out of the dozens and dozens of cases that he has investigated, that this was by far the worst case he has ever seen.” Continue reading East Texas man sentenced 750 years for child porn

Local school district calls for community support

Local school district calls for community supportTYLER — In response to a troubling increase in threats made against schools across the country and in East Texas, Tyler ISD is reaching out to parents and guardians for their support in fostering a safe school environment. “Making a threat against a school, whether real or fake, is a crime with very serious legal consequences,” stated Acting Tyler ISD Police Chief Destry Walsworth. “These threats not only cause fear among students, staff, and families, but they also divert vital resources away from education and safety efforts.”

While many of these incidents turn out to be hoaxes, the repercussions can be significant. Law enforcement is often required to allocate substantial time and resources to investigate these threats, which detracts from their essential mission of keeping our community safe. Continue reading Local school district calls for community support

US economy grew at robust pace in third quarter

James Marshall via Getty Images

(NEW YORK) -- The U.S. economy grew at a robust pace over three months ending in September, slowing slightly from the previous quarter but continuing to dispel any concern about a possible slowdown. The fresh report marks one of the last major pieces of economic data before the presidential election.

U.S. GDP grew at a 2.8% annualized rate over three months ending in September. That figure fell slightly below economists' expectations.

Economic growth was fueled by surge in consume spending, an uptick in exports and strong federal government spending, the U.S. Bureau of Economic Analysis said.

The new data arrived weeks after the Federal Reserve cut its benchmark interest rate a half of a percentage point. The landmark decision dialed back a years-long fight against inflation and offered relief for borrowers saddled with high costs.

Inflation has slowed dramatically from a peak of about 9% in 2022, though it remains slightly higher than the Fed's target of 2%.

Meanwhile, the labor market has proven resilient. Employers hired 254,000 workers in September, far exceeding economist expectations of 150,000 jobs added, U.S. Bureau of Labor Statistics data showed. The unemployment rate ticked down to 4.1%, hovering near a 50-year low.

This is a developing story. Please check back for updates.

Copyright © 2024, ABC Audio. All rights reserved.

Subway sued for allegedly shorting customers on meat, ‘false and misleading advertisements’

Jakub Porzycki/NurPhoto via Getty Images

(NEW YORK) -- A newly filed lawsuit has accused Subway of “unfair and deceptive trade practices” and selling its steak-and-cheese sandwiches based on “false and misleading advertisements,” that the lawsuit claims show customers getting at least three times more meat than is actually in the product.

The class-action complaint against Subway was filed on Monday in the United States District Court for the Eastern District of New York by plaintiff Anna Tollison, accusing Subway of using “photographs in its advertisements that make it appear that the Steak & Cheese sandwich contains at least 200% more meat than the actual sandwiches that customers receive,” according to the lawsuit.

“Subway’s advertisements for the Product are unfair and financially damaging to consumers as they are receiving a product that is materially lower in value than what is being represented,” the lawsuit says. “Subway actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower income consumers, are struggling financially.”

The lawsuit also says that Subway’s promise of a portion that is larger is “causing consumers to come to, or order from, Subway restaurants and make purchases that they would not have otherwise made.”

The lawsuit says it stems from Tollison’s visit to a Subway in Jamaica, New York, on Aug. 23 when she picked up a steak-and-cheese sandwich after ordering it through Subway’s mobile app for $6.99 plus tax.

“After she picked up and began eating her sandwich, [Tollison] realized that there was barely any steak in the sandwich and that the photographs that she relied on were grossly misleading,” the lawsuit says.

The lawsuit is seeking unspecified damages for New Yorkers who bought the sandwiches in the last three years from Oct. 28, 2021 and alleges “egregious” violations of the state’s consumer protection laws.

This is not the first time Subway has dealt with lawsuits critical of their business. In 2021, Ireland’s Supreme Court issued a ruling declaring that for the purposes of tax law, the bread served in Subway's hot sandwiches does not actually meet the legal definition of “bread” because of its sugar content and is rather a "confectionary or fancy baked good."

In that case, Justice Donal O’Donnell in the Ireland Supreme Court said that the definition of “bread” was originally established to make a distinction between the starch in other baked goods, like cookies or cake or brownies, that are sugary and therefore not healthy enough to be considered essential foods.

"Subway’s bread is, of course, bread," Subway said in a statement given to ABC News. "We have been baking fresh bread in our stores for more than three decades and our guests return each day for sandwiches made on bread that smells as good as it tastes."

Subway also previously defended themselves against a lawsuit for more than four years claiming that their “footlong” sandwiches were too short. That case was dismissed in 2017.

Copyright © 2024, ABC Audio. All rights reserved.

Police take down crime group accused of making illegal cannabis edibles packaged like name-brand candy

Royal Canadian Mounted Police

(VANCOUVER ISLAND, CANADA) -- Police in Canada said they have arrested six people and taken down an organized crime group believed to have produced tens of thousands of counterfeit cannabis-laced candy bars and edibles resembling popular name-brand products.

The takedown began early this month when the Pacific Region Royal Canadian Mounted Police federal policing investigators executed search warrants at two dispensaries and five separate residences on Vancouver Island in British Columbia, Canada, on Oct. 3, according to a statement from the Royal Canadian Mounted Police on Tuesday.

“These warrants were associated to an organized crime group allegedly involved in the production and distribution of illicit drugs, and contraband tobacco in Port Alberni and Nanaimo,” authorities said. “The dispensaries in question were Green Coast Dispensary in Port Alberni and Coastal Storm Dispensary located in Lantzville.”

Search warrants were also executed at a suspected stash site in Port Alberni, as well as a storage and production facility adjacent to Coastal Storm Dispensary, including two modular trailers where cannabis edibles were being produced, stored, and distributed, authorities said.

The list of items seized includes over 120,000 cannabis edibles with packaging resembling popular name-brand chocolate bars, potato chips, nacho chips, honey and other candies, including over 3 kilograms (6.6 pounds) of psilocybin mushrooms, 1,740 psilocybin capsules, over 400 psilocybin chocolate, candies and a multitude of other psilocybin products, 2.2 pounds of pressed cannabis resin, over 500 pounds of cannabis bud, more than 19 pounds of shatter, over 5000 cannabis vape cartridges, counterfeit cannabis-laced honey, five vehicles, two ATM machines containing cash, an estimated 164 master cases of contraband tobacco equating to 82,000 packs of cigarettes, over $400,000 in cash and a shotgun, police said.

“Although the contraband cannabis-laced candy bars and chips resembled professionally manufactured, packaged, and quality-controlled products, they were discovered to have been produced in the highly unsanitary, and heavily contaminated modular trailers,” authorities from RCMP said. “A preliminary assessment of the edibles also indicates that they had been treated with unknown amounts of THC, and likely cross-contaminated with other drugs and substances present in the trailers where they were being produced and packaged.”

Of equal concern, according to police, was the fact that the counterfeit snacks had packaging claims of possessing medicinal properties and dangerously high drug potency values, with many of the candy wrap labels claiming to be “100 times more potent than regulated cannabis products.”

“Given the highly contaminated and unsanitary conditions of the illicit drug production facility where these cannabis edibles were being produced, it is possible that the consumption of these products can lead to serious health risks,” RCMP said. “We urge members of the public to practice extreme caution if they already possess, or come across such products in the future, especially with Halloween being just around the corner.”

This investigation is ongoing and numerous drug-offence-related charges are being pursued.

Copyright © 2024, ABC Audio. All rights reserved.

Texas is slashing millions in Medicaid funding for students with disabilities

AUSTIN (AP) – Texas is clawing back more than $607 million per year in federal funding for special education services, a move local school district officials say will likely worsen already strained budgets for students with disabilities.

The School Health and Related Services (SHARS) program provides hundreds of school districts critical funding for special education services, reimbursing them for counseling, nursing, therapy and transportation services provided to Medicaid-eligible children.

More than 775,000 students receive special education services in Texas, according to the Texas Education Agency. It is not as clear how many of them are eligible for Medicaid, though school district officials say many of the kids who directly benefit from SHARS come from low-income families.

But in the last year, the Texas Health and Human Services Commission, which manages the program at the state level, began imposing strict limitations on the types of services for which school districts are able to request federal reimbursement. The changes have accumulated into a $607 million slashing to the money school districts typically expect to receive under SHARS per year, according to health agency estimates.

Bewildered by the sudden changes, school district officials and special education advocates say little has been communicated about why these drastic changes are happening.

“We’re seeing an increased number of students that need more and more individualized care,” said Katie Abbott, special education director for a coalition of six East Texas school districts. “And yet, what are we doing?”

In response to their concerns, Texas has blamed the feds.

A 2017 federal audit report found that Texas was improperly billing for services not allowable under the SHARS program. The report concluded the state would need to return almost $19 million, a fraction of the $607 million currently being left behind. It also required that the Texas health commission work to ensure it was complying with federal guidelines.

Afterwards, the commission submitted “every possible denial and request for the opinion to be overturned” but was unsuccessful, the agency told The Texas Tribune. The recent changes reflected an attempt to bring the state back into compliance, according to the commission.

But federal appeals officers, in a ruling last year, said Texas produced “nothing at all” to dispute investigators’ findings that the state billed for unallowable services. The ruling also condemns the state for attempting to submit evidence after the deadline to do so had already passed.

Further, federal officials dispute the notion that Texas is being required to make certain changes to the SHARS program. In a statement to the Tribune, the Centers for Medicare & Medicaid Services made clear that as long as states work within “broad federal parameters,” they have autonomy to make decisions about their programs.

School district officials say Texas has resorted to overcorrecting problems identified by the audit, flouting expectations from the federal government that the state administers the program using the least restrictive means possible.

Many school districts are formally appealing the funding cuts with the state, while other rural districts have decided to exit the SHARS program altogether because of the administrative burden recent changes have created. Those that remain are holding out hope that lawmakers will decide in next year’s legislative session to help fill the financial gaps left in special education services — a lofty expectation for a state with a poor track record in both administering Medicaid and serving students with disabilities.

“We’re talking about our most vulnerable kids,” said Karlyn Keller, division director of Student Solutions and School Medicaid Services for the Texas Association of School Boards. “We can’t afford to continue to make these huge clawbacks in funding when we’ve got kids that need the service.”

2024 Lone Star Prosecutors of the Year named

2024 Lone Star Prosecutors of  the Year namedAUSTIN – The Texas District and County Attorney Association recently named Smith County Assistant District Attorneys Chris Gatewood and Richard Vance as the Lone Star Prosecutor Of The Year. According to a release from the Smith County District Attorney’s Office, Gatewood and Vance, successfully prosecuted an intoxicated defendant who struck and killed Smith County Sheriff’s Deputy Lorenzo Bustos while he was conducting a traffic stop.

The TDCAA is the statewide organization that provides training, collaboration, and support to all of the County and District Attorney offices across the state. The Lone Star Prosecutor of the Year award is given by the TDCAA annually to a prosecutor or prosecutors who have demonstrated outstanding legal knowledge, dedication to justice, and a profound impact on their community.
Continue reading 2024 Lone Star Prosecutors of the Year named