KTBB News, Weather, Talk

SMITH COUNTY — The city of Tyler will repair a leaking conduit on the Whitehouse dam under a penalty assessed by the state Wednesday for fish-killing sewage discharges two years ago. According to the Longview News-Journal, the work is in lieu of a $41,400 fine outlined in an agreed order approved in Austin Wednesday by the Texas Commission on Environmental Quality. Entities that are fined by the commission often have an option to perform a Supplemental Environmental Project for some neighbor. Documents published online Wednesday do not describe the fish kill but list it as justification for the fine. The documents also indicate the city has taken corrective action to prevent further unauthorized discharges. According to online documents, Tyler was cited for 16 unauthorized discharges, from September 2009 to June 2010, from its two wastewater treatment plant networks.

TYLER — CH2M Hill, the NET RMA’s Design/Build contractor, has closed the outside westbound lane of State Highway 31 at the Toll 49 intersection to work on the exit ramp of Toll 49 of Segment 3B. There will be heavy machinery and increased construction activities in the vicinity. There will be signage to assist drivers with the change in traffic flow. Motorists are encouraged to find alternate routes to avoid potential delays in the construction area during the day. It is anticipated that traffic flow will be back to normal Friday.

TYLER — The Smith County Republican Club hosts a Candidate Forum tonight with Representative Leo Berman & Republican challenger Matt Schaefer in the race for State House District 6. The event will be moderated by KTBB Owner/General manager Paul Gleiser. Organizers say admission is free, and everyone’s welcome. The debate begins at 6:30 at the Greater Tyler Association of Realtors building, 2772 S. Southeast Loop 323. The Republican Club meeting starts at 6:00.

TYLER – A 50-year-old Sulphur Springs man has been sentenced in Tyler for federal violations. Dennis Canada pleaded guilty last September to bankruptcy fraud. He was sentenced to 2 years in federal prison Wednesday in Tyler by U.S. District Judge Leonard E. Davis. Canada was also ordered to pay restitution in the amount of $286,191.45.

According to federal authorities, a civil lawsuit was filed on June 23, 2006, alleging that Canada engaged in negligent and fraudulent conduct related to the construction and sale of a home. At the same time, Canada was a party to another lawsuit in which another couple claimed Canada engaged in negligent and fraudulent conduct related to the construction of their home as well. Both cases were set for trial on June 23, 2008, and Canada filed for bankruptcy five days prior, on June 18, 2008.

Canada admitted that from January 18, 2008 to Oct. 7, 2008, he devised a scheme to defraud his creditors by concealing his true financial condition in order to avoid paying their claims against him. Canada also admitted that during this same time, he transferred and withdrew funds from bank accounts under his control in an effort to conceal the funds from his creditors. Canada admitted that he failed to disclose income, transfers of funds, financial accounts, cash on hand, and payments to creditors when he filed for bankruptcy on June 18, 2008. Canada was indicted by a federal grand jury on Mar. 2, 2011.

HENDERSON — A Rusk County man has admitted to officials that he lied about his involvement in last Friday’s shooting. The victim originally told Rusk County investigators he was shot by another man while trying to help a woman in distress. He has now recanted his story, admitting he lied to keep the unknown suspect from being arrested. According to KETK, the victim now tells officials the suspect took his gun away from him, shot him — and then, after shooting him, seemed remorseful and gave the gun back. Investigators found the weapon hidden under the back seat of the victim’s vehicle. Rusk County investigators will file a report with the District Attorney’s Office for false report to peace officer.

NACOGDOCHES — Roads around West Main and Old Tyler Road in Nacogdoches have been reopened following a gasoline spill. West Main Street from Pearl Street to Bremond and Old Tyler Road from West Main to Powers were closed when several hundred gallons were spilled from the transport truck at The Depot service station. The spill occurred when the truck hit a gas pump’s retaining post, damaging the tanker’s valve.

TYLER — Tyler Pounds Regional Airport is reporting that flights departing from Tyler are very full due to Spring Break trips combined with East Texas business travel. “With flights being full, passengers should plan to add a little more time for check-in and screening,” said Airport Manager Davis Dickson. “Just this week I have seen customers rushing in 15 minutes before departure time only to miss their flight. It is important to be at the ticket counter to check in at least 40 minutes before departure time. Typically the ticket counter will close the flight 30 minutes before departure to finalize procedures for takeoff.”

The airport recommends booking your flight on-line or through a travel agent for full service reservations and planning. Officials advise beginning the reservation process by entering TYR as your departure location. The airport has a number of links on its website for flight reservations. Go to http://www.tylerairport.com for rental car reservation sites, TSA travel tips, and real time flight status.

TYLER — The City of Tyler is reminding citizens that the mandatory water restrictions implemented in December are still in effect. “Although the City has had some precipitation in the last few months, it has not been enough to refill our reservoirs,” said Water Utilities Managing Director Greg Morgan. “We feel that because of the dry weather conditions we have been experiencing in the last year and the predictions of a dry summer in the upcoming year, it is in the best interest of Tyler’s long term planning efforts to continue with the water restrictions at this time.” Lake Tyler is currently 4.58 feet below spillway levels and Lake Palestine is 2.54 feet low.

Step Two drought measures call for mandatory water conservation measures to prohibit water waste. Water waste is defined as washing house windows, sidings, eaves and roof with a hose (without the use of a bucket); washing driveways, streets, curbs and gutters, washing vehicles without a cut-off valve and bucket; unattended sprinkling of landscape shrubs and grass; and filling of swimming pools.

Outdoor water usage, such as irrigation of landscaped areas, is limited to Sundays and Thursdays for customers with a street address ending in an even number (0,2,4,6,8) or Saturdays and Wednesdays for water customers with a street address ending in an odd number (1,3,5,7,9). Additionally, irrigation should be done between the hours of 6 p.m. and 6 a.m. Use of hand-held hoses, watering cans and drip systems for irrigation may be done at any time.

The goal of the Step Two drought measures is to reduce water consumption by 10 percent. “I encourage residents to check the settings on their automatic sprinkler systems to ensure they are in compliance with the restrictions,” added Morgan.

The City has received many phone calls from citizens who have observed other residents and businesses violating the terms of the restrictions. The Water Department will be sending educational letters to violators, requesting compliance with the restrictions. Those who continue to water outside of the prescribed parameters could be subject to citation. The City implemented Stage One drought measures in early October of this year which called for voluntary restrictions of residential water use. Then on December 13, Stage Two drought measures were implemented.

TYLER — Tyler-area fire officials took numerous calls yesterday about smoke in the city. After contacting other agencies, notification was received that the Forestry Service was burning off 2000 acres in Kennard, in Houston County. With the high winds coming from the south, the smoke was pushed into Smith County as well as other areas.

TYLER — Tyler Police, Fire and EMS responded to a two vehicle crash in the intersection of SSW Loop 323 and Walton Road. It happened just after 7:30 yesterday morning. Officers said Mattie Seidel, 16, and her two younger brothers, 14 and 6 were traveling northbound on Loop 323 in the inside lane. Blanca Avila, 38, and her three children, 16, 15, and 9, were heading south on Loop 323 and turned left in front of Seidel in the intersection of Walton Road. Avila was pinned in her vehicle and was extracted by Firefighters and EMS. Avila and her three children were all transported to Trinity Mother Frances Hospital with non-life threatening injuries. Avila was issued a citation of failure to yield right of way.

LUFKIN — Lufkin Police say a man has been fatally stabbed and a suspect is in custody. According to KETK, officers arrived at the scene, 908 Rowe, and found one man laying in the front yard with a wound to his neck. He was identified as Frederic Gilmore, 58. He was taken to a local hospital where he was later pronounced dead.

Rodney Evan Sheperd, 44, told officers that he had stabbed Gilmore. The knife believed to have been used was recovered from Sheperd’s pocket. Sheperd was booked into Angelina County Jail on a charge of Murder. The initial investigation revealed the two roommates began arguing over an unknown matter inside the house. The argument turned physical, the parties went outside and Sheperd reportedly stabbed Gilmore in the neck.

TYLER — CPS has taken custody of a toddler and her two siblings after her feet were severely burned by hot water in a bathtub in her parent’s Tyler home. The two-year-old girl was taken to ETMC last Tuesday by ambulance and later transferred to Parkland Hospital in Dallas for treatment of burns. According to KETK, the child was released from Parkland Hospital on Tuesday and remanded into CPS custody.

CPS is conducting an investigation and has placed all three children into foster care, although no charges have been filed. Tyler Police are also investigating the incident.

MARSHALL — Backpacks have been banned from Marshall Junior High School after students were caught with pocket knives on campus Friday. According to Interim Superintendent Brian Nichols, the skirmishes began Thursday morning with a fight on the junior high school campus, and on Friday students were caught carrying knives on campus. According to the Longview News-Journal, administrators were told by students that certain students had knives, and administrators proactively went out and confiscated the weapons.”

Nichols said as a result, MJHS principals called parents to inform them students would not be allowed to bring backpacks to school this week. “We added a police officer on the campus this week, heightened supervision by the staff there, and we have responded to it appropriately,” he said.

TYLER -– Investigators are trying to learn the circumstances surrounding a fatal shooting in south Tyler. Officers were dispatched to the East Texas Medical Center facility on South Broadway just after 8:00 Tuesday night. They found James Caleb Stanley, 19, Tyler, with a gun shot wound to the stomach. He was transported to the main ETMC hospital where he under went surgery and died just after midnight. Investigators said several witnesses remained at the hospital and gave officers statements. Authorities said the shooting happened at 7105 Gatewood.

TYLER – A Tyler man has will be going to prison for injuring his infant daughter. Saul Lino-Porcayo, 24, was sentenced Tuesday to 20 years in prison. On Monday a jury deliberated around three hours before finding him guilty of seriously injuring his two month old daughter. Porcayo first told authorities in December 2010 his infant daughter suffered a head injury after her sister jumped on top of her. He later admitted that he is the one who injured the baby. He said he was drunk and became frustrated with the child. He then says he punched the baby in the face. The little girl, who suffered a fractured skull, is now in a foster home. It appears she will suffer permanent brain damage from her injuries.

TYLER – In an appearance in Tyler federal court, a Van Zandt County man has been sentenced to prison for federal child solicitation violations. Brian Douglas Brown, 59, of Wills Point, pleaded guilty last November to coercion and enticement of a minor. Brown was sentenced Tuesday to 10 years in federal prison during a hearing before United States District Judge Leonard E. Davis.

According to information presented in court, in June, 2011, Brown communicated via online chats with an individual identified to him as being a 14-year-old. During these online chats, Brown expressed the desire to engage in sexual activity with the minor. A one-count federal indictment was returned by the Grand Jury on July 13,2011.

TYLER – An Upshur County man has appeared in Tyler federal court for sentencing for drug violations. Bobby Arlen Ray Jr., 48, of Ore City, pleaded guilty last October to possession of a List 1 chemical with intent to manufacture methamphetamine. Ray was sentenced Tuesday to 100 months in federal prison during a hearing before United States District Judge Leonard E. Davis.

Federal prosecutors had alleged that Ray purchased cold pills containing pseudoephedrine at a Wal-Mart store in Longview on March 31, 2010, as well as on numerous other occasions at various stores in the area in furtherance of his methamphetamine manufacturing activities. Ray was named in a 56-count federal indictment returned on April 6, 2011.

TEXARKANA – A Red River County man has been sentenced in federal court for obscenity violations. Benjamin David Conrad, 37, of Bogata, pleaded guilty last November to importation or transportation of obscene materials. He was sentenced to 12 months and 1 day in federal prison during a hearing before United States District Judge David Folsom.

Federal prosecutors say on May 9, 2009, a search was performed at Conrad’s residence. Thirty-five pictures and twenty-six videos of minors engaged in sexually explicit conduct were located on Conrad’s computer. At least one of the pictures appears to have been produced abroad, indicating that it was transported in interstate or foreign commerce and imported into the United States. Conrad acknowledged that he did knowingly transport in interstate commerce an obscene writing.

WINNSBORO — Wood County crews responded to a large grass fire that started around 3:30 Tuesday afternoon on County Road 4570 in the Winnsboro area. According to KETK, Wood County Emergency Management officials said the fire was deep in a wooded area and burned between 50 and 80 acres. Multiple fire departments responded, and several bulldozers were brought in. Oficials say two homes were threatened but not damaged by the blaze

HOUSTON (AP/Staff) – An executive with the Canadian company seeking to build an oil pipeline across the United States to the Texas Gulf Coast says a plan for a new route around Nebraska’s environmentally sensitive Sandhills region will be ready within weeks. TransCanada’s president of energy and oil pipelines Alex Pourbaix said Tuesday that the company plans to resubmit its permit request to the U.S. State Department. He also says construction of the southern tier of the Keystone XL pipeline, which doesn’t require a special permit, will begin by late spring or early summer. As currently planned, the pipeline would run through much of East Texas, including eastern Smith County. Pourbaix spoke at a panel discussion at an energy conference in Houston. He says the southern tier of the pipeline from Cushing, Okla., through Texas will help relieve but not completely eliminate a bottleneck at Midwest refineries.

TYLER — This year’s Tyler ISD Foundation campaign has surpassed its goal, raising $254,000. The goal was $250,000. The results were announced at a celebration at Hazel Owens Elementary School. The foundation raises and distributes money for projects not typically funded by tax dollars.

LONGVIEW — Longview Police respond to a report of theft involving railroad property. It happened just before 2:15 Monday morning in the 1000 Block of East Whaley Street. Authorities said, railroad employees witnessed several white males loading railroad property into a gold Jeep Cherokee. When the suspects saw the employees they reportedly got into the Jeep and left the area.

An officer later spotted the suspect’s vehicle on Eastman Road and detained the three men. Officers also located approximately $500 worth of stolen railroad property. During a search of the suspects, two were found to have brass knuckles in their pockets.
Michael Wayne Marlitt, 35, (pictured) Kilgore, was arrested on charges including criminal trespass, theft, prohibited weapon and a no insurance warrant. Jarred Bakarr Holland, 21, Kilgore, was arrested for criminal trespass and theft and was also issued 4 class c citations. William Randall Brunson 21, Longview, was arrested on a total of ten charges including possession of a prohibited weapon, theft and a warrant for military desertion. All three were transported to the Gregg County Jail without incident.

LONGVIEW — A fire broke out in the cabin of a SkyWest Airlines flight bound for Toronto on Monday evening, forcing the aircraft to make an emergency landing at East Texas Regional Airport. No one was injured, Gregg County officials said. According to KETK, the flight originated about 7:00 in Houston and developed problems shortly after takeoff. Its original schedule called for an 11:00 landing in Toronto. Instead, plans were being made to bus the flight’s 62 passengers back to Houston later Monday.

NACOGDOCHES — A baby was born on the loop in Nacogdoches just after midnight on Friday, after mother April Bourghs didn’t realize she was going into labor at her Lufkin home.

KETK reports that Bourghs was not experiencing the typical symptoms of labor, but was in pain late Thursday evening. Eventually, her husband, Joe Bourghs took her to the hospital as a precaution. The Bourghs’ hospital of choice was in Nacogdoches. They were on their way when the baby just couldn’t wait any longer. The little girl was born in their car on the loop in Nacogdoches just after midnight.

The baby, Justice Blake Bourghs weighed a little more than 7 lbs. The Bourghs wrapped her in a jogging outfit and continued to the hospital. The umbilical cord was cut at the emergency door of the hospital.

NACOGDOCHES (AP) – An East Texas man who poured boiling water on his 2-year-old son has been sentenced to 35 years in prison. A judge in Nacogdoches on Monday sentenced Anthony Watts. Watts in January pleaded guilty to felony injury to child over the 2010 incident that left ZaTaurean Pleasant critically hurt. Court testimony indicates Watts has a diminished mental capacity. Prosecutors say the man was under the influence of marijuana when the boy was burned over 70 percent of his body. Doctors say the boy, who recently turned 4 years old, still has scars but has grown into a healthy child.

HOUSTON (AP) — A man sent to death row for torturing and drowning a Tyler woman before cramming her body in a barrel has lost a federal court appeal. Troy James Clark argued to the 5th U.S. Circuit Court of Appeals that his legal help was deficient during his trial in 2000, two years after Christina Muse, who briefly lived with him, was killed. The New Orleans-based 5th Circuit rejected the claims Monday.

Authorities believe Clark is responsible for at least two other killings, including a man found in a septic tank and a Houston drug dealer. Evidence showed Muse was tortured with a stun gun, beaten with a board, bound with duct tape and drowned. Her body was encased in a drum filled with cement and lime.

GILMER – The Upshur County Courthouse was evacuated and then closed yesterday following a bomb threat. Gilmer police received a phone call around 1:30 Monday, with the caller saying there was a bomb in the courthouse. A search of the building turned up no bomb and the courthouse reopened Tuesday morning.

TEXARKANA – A federal inmate has received an additional term of imprisonment for possession of contraband. Benito Lopez-Chapa, a 44 year old Rio Grande City resident, who is currently confined at the Federal Correctional Institution in Texarkana, was sentenced to 6 months during a hearing Monday before United States District Judge David Folsom.

According to information presented in court, on December 30, 2010, a search of Lopez-Chapa’s locker led to the discovery of a pair of gym shorts that contained nine small folded pieces of paper hidden in the elastic waist band. Correctional officers discovered that the folded pieces of paper contained marijuana.

TYLER – A Tyler police officer has received a promotion. Chief Gary Swindle promote Detective Adam Colby to the position of Sergeant. A promotion ceremony for Colby was held Monday afternoon.

Colby holds a BA from State University of NY in American History with a minor in Criminology. He joined the Army after college and during those 12 years rose to the rank of Sergeant First Class, served as a Scout in the Infantry and Cavalry and later in Special Operations. He is a graduate of numerous military leadership and technical schools including the JFK School of Special Warfare.

Adam served in combat in Iraq as a Team Sergeant, leading a small team that worked closely with the Iraqi Military, Police, and Government, as well as other foreign militaries and intelligence services. In 2002 Adam joined the Maryland Transportation Authority Police and was the honor graduate from that agencies academy. He patrolled Interstate highways, airports and harbors, worked as a Field Training Officer, was a member of the SWAT Team, working closely with the FBI and other federal agencies doing surveillance and counter surveillance anti-terrorism work.

Adam joined the Tyler Police Department in 2007 where he served as a Patrol Officer and received several commendations. He was selected as a Property Crimes Detective in 2009.

TYLER — Smith County is sending fewer inmates to be held in other county jails, and that could mean big savings for taxpayers, according to County Commissioner Jeff Warr. KETK reports the trend could save the county about $750,000 annually. At its peak, Smith County housed more than 300 inmates in other counties. Warr says much of the trend can be attributed to cooperation among multiple agencies. He cites “a joint effort through the Criminal Justice Coordinating Committee of the judges, JPs, the sheriff’s department, probation.” Last week, the number of inmates shipped out to other counties reached a record low of 17.