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TYLER — The drowning of a young Tyler girl has been ruled accidental and no charges will be filed in the case. On September 20th, on her second birthday, Ava Faith Ayers drowned in a back yard swimming pool at 3721 Arlington. Investigators say a 16 year old was babysitting the two year old and her 3 year old sister. The teen was talking to someone who had stopped by the house when the 2 year old went out the back door and fell into the pool. The youngster was transported to Trinity Mother Frances Hospital where she was pronounced dead.

Tyler Investigators have received the official autopsy results on the youngster. The results indicated that Ayers died as a result of water in her lungs and there were no signs of foul play. The case was reviewed by the Smith County District Attorney’s Office to determine if any criminal charges were warranted. After reviewing the facts of the case, it has been determined the drowning was accidental and no criminal charges will be pursued.

LONGVIEW — The Southeast Texas Forensics Center in Tyler has issued autopsy results in the death of 80-year-old John Morris, ruling his death a homicide. Morris was seriously injured and hospitalized after being assaulted during the robbery of his bait shop in the 400 block of West Pliler Precise Road in Longview on July 31. He died at Good Shepherd Medical Center on September 21. According to police, the homicide investigation is open and ongoing, and detectives are awaiting the analysis of evidence in the case that may lead to a suspect. There have been no arrests at this time.

Detectives are asking for anyone with information about the robbery to contact Gregg County Crime Stoppers at http://www.greggcountycrimestoppers.com or 903-236-STOP. A reward of up to $1000 may be paid for information leading to the arrest of the suspect in this case. Police say any information given will remain confidential.

NACOGDOCHES — Police have arrested the second suspect in the stabbing death of 49-year-old Thomas Grimes, according to a press release from the Nacogdoches Police Department. Nathan Welsh, 22, who is charged with murder, was arrested at about 9:30 Wednesday morning on Park Street at Crisp Road, NPD Public Information Officer Greg Sowell said in the release. KETK reports Grimes was found by his neighbor at about 10:50 p.m. Monday, stabbed multiple times in the torso and was pronounced dead at Nacogdoches Memorial Hospital soon after arriving.

Though the details of that night are still unclear, police are closer to finding answers, Sowell said. “About all we know right now is they all three knew each other and they were all in the apartment together and there was a disturbance that ensued, some sort of disagreement, and this man ended up stabbed,” Sowell said. Police on Tuesday arrested 18-year-old Milton Brown, who turned himself in on a murder warrant, in connection with the stabbing, Sowell said. Both Welsh and Brown are listed as homeless.

TYLER — Information from the Texas Comptroller indicates that City of Tyler sales tax revenues deposited for the month of October have increased 10.89 percent as compared to the same period in 2009. City officials say Tyler compares favorably to the statewide average improvement of 6.1 percent. The reported revenue of $2,708,404.47 comprises $1,805,602.98 general sales tax revenue and $902,801.49 half-cent sales tax revenue. The figures represent receipts from August 2010 collections, as there is a two-month period before revenue is reported.

“October is the first month in the City’s fiscal year, and this is a tremendous way to start it off,” said City Manager Mark McDaniel. “For the 2010/2011 budget, we projected a two percent increase in sales tax collections; beating that projection right out of the gate positions us well moving forward. However, we will continue to be vigilant and monitor the budget closely before beginning to fill positions that we have held vacant in response to the slower economy.”

BATON ROUGE, La. (AP) – An administrator at UT Tyler is among four semifinalists for the presidency of the University of Louisiana at Monroe. Peter J. Fos is provost and executive vice president at UTT. The UL system says the search committee plans to recommend at least two finalists next Wednesday, after on-campus interviews Monday and Tuesday. Other semifinalists are J. William Berry, professor and executive vice president and provost at the University of Dallas; Nick Bruno, UL System vice president for business and finance; and Thomas F. Moore, vice president for academic affairs and dean of the faculty at Winthrop University in Rock Hill, S.C.

TYLER — Police say it’s not too late to sign up for a block party for the annual Texans Against Crime (T.A.C.) night out. The event will take place on Tuesday, October 12th, from 6:00 p.m. to 10:00 p.m. T.A.C. celebrations are held throughout East Texas on the second Tuesday in October. At last report, according to KETK, over 60 block parties had registered so far for this year’s event in the City of Tyler. Police say this is your last chance this week to register your block party by calling the Tyler Police Department at 903-531-1096 or going to http://www.tylerpolice.com to register online.

Police say the Texans Against Crime program is an annual event designed to unite neighbors and communities to encourage neighborhood communication, community involvement and crime prevention to create safer neighborhoods. The T.A.C. program encourages neighborhoods to host block parties as an opportunity to get to know your neighbor and fight crime.

According to police, the Texans Against Crime program promotes neighborhood alliances to strengthen communities and preserve the quality of life in East Texas. Police add that the program helps to educate families, friends and neighbors about crime prevention and inform residents that communities are safer when neighbors work together. Police say getting to know your neighbors is an important step in keeping your community safe.

TYLER — United States Attorney John M. Bales announced Wednesday that two men have pleaded guilty in Tyler to participating in a multi-state health care fraud scheme. Kevin Onwudiwe, 36, of Houston, pleaded guilty late Tuesday during an appearance before United States Magistrate Judge Judith Guthrie. Jasper Ogbonna, 41, of Newark, Delaware, pleaded guilty before Judge Guthrie on September 27. A sentencing date has not been set for either man.

According to information presented in Court, from August 2005 through April 2008, Ogbonna controlled and operated Matrix Medical Equipment and Supplies, Inc., in Weirton, West Virginia. Onwudiwe assisted in the operation of Nicco Medical Services, LLC in Little Rock, Arkansas. Both companies provided durable medical equipment to Medicare beneficiaries.

Ogbonna, Onwudiwe and their co-conspirators devised and carried out a scheme to defraud Medicare through the marketing of “ortho kits,” which consisted of a bag of orthotic items such as braces, wraps and supports. As part of the scheme, Ogbonna, Onwudiwe and their co-conspirators illegally obtained protected Medicare beneficiary health information, including names, dates of birth, and Medicare and Social Security numbers from elderly individuals. Approximately 509 Medicare beneficiaries in Texas and Louisiana were supplied with “ortho kits” which were not prescribed or authorized by a physician and were not wanted by the beneficiaries. In many instances, physicians’ signatures were forged and false claims were submitted by Medicare in the names of Medicare beneficiaries who were deceased.

Using protected health information, the defendants and their co-conspirators billed between $4,850 and $6,550 for each “ortho kit,” causing the submission of false and fraudulent claims to Medicare of more than $2.8 million dollars. As a result of these claims, Ogbonna, Onwudiwe and their co-conspirators unlawfully obtained more than $1,095,000.00 from Medicare.

This case was investigated by the United States Department of Health and Human Services – Office of the Inspector General (HHS-OIG) and the Texas Office of the Attorney General – Medicaid Fraud Control Unit (OAG-MFCU). The case is being prosecuted by Special Assistant United States Attorney Nathaniel Kummerfeld.

BULLARD – A boil water notice from the City of Bullard is lifted Wednesday morning. Bullard Director of Public Works David Hortman says the boil notice went into effect Tuesday after a water main break. According to KETK, this morning, all test results were clean. The water is now safe to drink without boiling.

NACOGDOCHES — Investigators have one person in custody and are searching for another in the death of a Nacogdoches man. He was stabbed multiple times shortly after 10:45 Monday night at the Austin Place Apartments in the 3200 block of North Street. Thomas Grimes, 49, was found covered in blood in the apartment’s parking lot. Investigators believe the disturbance started inside Grimes’ apartment.

Arrested Tuesday afternoon at the Nacogdoches Police Department was Milton Brown, 18. The homeless man had been named in a murder warrant. Another homeless man has also been name in a murder warrant. He is identified as Nathan Welsh, 22. Nacogdoches police describe Welsh as a black male about 5’6” and weighing around 142 pounds. They say he should be considered armed and dangerous.

BIG SANDY — A big 10 to 12 acre fire north of Big Sandy has been contained. KETK-TV reports it was reported around 1:00 Tuesday afternoon with firemen from Big Sandy, Pritchett and Pleasant Grove Fire Departments along with crews from the Texas Forrest Service responding. Officials say the fire was started by a train.

LOS ANGELES (AP) — A Texas toy company has filed a lawsuit alleging toy maker MGA Entertainment stole its idea for a tiny robotic bug. Innovation First Inc. filed the suit in Hunt County, Texas last week over its Hexbug Nano toy. The lawsuit alleges that MGA copied Innovation First and marketed a copycat called “Legend of Nara Battling Bugs.”

The Greenville, Texas company is seeking damages and MGA’s profits from selling its version of the thumb-sized insect robots, plus interest. An MGA spokeswoman did not immediately return a call or e-mail.

MGA is also in a legal battle with toy giant Mattel over who owns the popular Bratz doll line. A California appeals court overturned a $100 million reward for Mattel in that case.
It will be retried in January.

TYLER — The University of Texas at Tyler Alumni Association has recognized seven graduates as the 2010 Distinguished Alumni, Derrith Bondurant, director of alumni and foundation relations, announced. Dr. Wesley Dennis, Dr. Fredrick W. Kersh, Rick Rayford and Scott Rhame are recipients of the Professional Achievement and Attainment Award. Melinda Hermanns is recipient of the Young Alumni Award. Two awards added this year are the Service Award and Recognition Award. Terrence R. Ates and Michael J. Collins are the recipients, respectively. The seven outstanding alumni will be featured at a luncheon from 11:30 a.m. till 1 p.m. Friday, Oct. 22, at the UT Tyler Ornelas Activity Center. The event is part of UTT’s 2010 Homecoming. Honorees are chosen based on outstanding contributions to their chosen profession, the university, or service organizations since graduation from UT Tyler.

Dennis earned a bachelor of science degree from UT Tyler in 1989. A native of Athens, he serves as the Arlington Sleep Disorder Center medical director and has been a neurologist in private practice since 1998. Dennis is a past chair of the Neuroscience Department and past director of Neurological Rehabilitation Unit – Medical Center of Arlington.

A preeminent physician in the field of family practice, Kersh earned a bachelor of science degree from UT Tyler in 1982. He serves as medical director for the Direct RehabMed Business Health in Tyler and was a past medical director of the Emergency Centers for East Texas Medical Center.

Rayford earned a bachelor of business administration degree from UT Tyler in 1976. He’s served as president and CEO of Brookshire Grocery Company since 2007. A 39-year partner of Brookshire’s, Rayford currently serves on the UT Tyler Development Board, UT Tyler College of Business and Technology Corporate Advisory Board and Regional East Texas Food Bank Board.

Rhame earned a master of arts from UT Tyler in 1975. Retired in May, he served as a high school band teacher, most recently at Carlisle High School. During his 41-year career, he received numerous honors as well as regional and state awards, including 13 consecutive UIL Sweepstakes Awards for his bands, and was a three-time Texas Music Association Honor Band winner.

Hermanns earned bachelor of science and master of science degrees from UT Tyler in 1995 and 1998, respectively. An assistant professor of nursing at UT Tyler, she has been recognized for her psychiatric mental health and Parkinson’s Disease research and scholarly excellence in clinical simulation. She holds leadership in the East Texas chapter of the American Parkinson’s Disease Association.

Ates earned bachelor of arts and master of education degrees from UT Tyler in 2006 and 2008, respectively. He is the Tyler Prostate Cancer Awareness Program manager and People Educating Communities about Tobacco chair. Ates also is a planning member of the Tobacco Law Enforcement Conference and Prostate Health Initiative for Gregg and Smith Counties, as well as a member of several regional health coalitions and committees.

A licensed private investigator, Collins earned a bachelor of business administration degree from UT Tyler in 1994. He is the owner of Collins Investigations. A UT Tyler Alumni Life member since 2001, Collins also has served on the UT Tyler Development Board and as Alumni Association president since 2007.

TYLER — A local state House race takes center stage at a Tyler candidate forum. Republican District 7 hopeful David Simpson met Libertarian opponent Eric Brandt in the League of Women Voters event. Both support the tea party movement, and both have fiscal concerns. Brandt favors an extremely lean government, while Simpson is looking to cut spending and “stop chasing federal dollars.”

Several candidates were available for one-on-one questioning but didn’t take part in the forum because their opponents did not appear. The candidates on hand included Libertarian Charles Parkes III, who opposes incumbent Republican Louie Gohmert and independent Trent Gale in the District 1 congressional race. Also available was Democrat Lenis Pierce, who’s running against Republican District Attorney Matt Bingham. Democrat Blake Bailey was at the forum as well; he opposes the GOP’s Eva Guzman and Libertarian Jack Armstrong in the race for State Supreme Court, Place 9. In other activity at the forum, two entries from Whitehouse High School and one from Robert E. Lee were announced as winners in a student video competition on getting out the vote.

LONGVIEW — After a two day battle, a wildfire in North Longview is under control. The blaze started Saturday afternoon off Airline Road and East Plyler Precise. KETK reports it was finally contained early Monday morning, but smoke continued to waft into a nearby neighborhood. Fire officials say the smoke isn’t a danger, but an emergency burn ban has been issued for Gregg County.

TYLER (AP/Staff) – A jury in Tyler has ordered Apple to pay $625.5 million for violating patents owned by a firm founded by a computer science professor. Apple Inc. is challenging Friday’s verdict from the federal court in Tyler, saying the court has not yet looked at some of its counterclaims. If upheld, the verdict would be one of the largest in a patent suit. The plaintiff is Mirror Worlds, a company founded by David Gelernter of Yale University to commercialize his ideas. The patents cover characteristic Mac features such as Cover Flow, which lets the users skim through album covers or other content as if they were leaves in a book. Another is Time Machine, which performs automatic backups.