CPS Investigating Death of Cesar Cruz


LONGVIEW — Our news partner KETK has learned that CPS is investigating the death of 4-year-old Cesar Cruz. CPS officials say they investigate all child deaths. In this case, CPS is looking into the supervision of Cesar at the time of the incident and making sure the remaining children in the home are being properly supervised. CPS says it’s also providing the family with resources for grief counseling.

The driver of the vehicle that hit and killed Cesar has been identified as Margarito Aguilar. According to KETK, the 56-year old claims he didn’t know he had hit anything other than a mailbox or a dog. He also tells authorities he does not own a TV or radio and wasn’t aware of the situation. Aguilar has been taken into custody and is charged with a suspended license and no insurance. The accident occurred about 8:15 p.m. November 14. DPS Trooper Jean Dark said the vehicle was northbound on Texas 149 when the motorist struck Cesar, who was most likely in the road.

Deputies were called to the boy’s residence about 6:45 p.m. November 14 after family members reported him missing. Cesar’s mother, Brandie Sieger, said she had left the house to take her father to the store. Her mother was at the house watching her four children when she was notified Cesar was missing. Gregg County Sheriff’s Office deputies, responding to reports of the missing boy, found his body in a ditch on Texas 149 near Younger Road, about a mile from where he went missing.

BBB Issues Scam Alert

TYLER — The Better Business Bureau Serving Central East Texas has received numerous reports of fraudulent e-mails that have the appearance of being from the Better Business Bureau. The e-mails appear to be sent from “service.bbb.org”, however, this is not a legitimate BBB email address. The subject line reads: “Complaint #” followed by a phony complaint ID number.

The e-mails are addressed to what appear to be legitimate email addresses and state that a consumer has filed a complaint with your company. They then ask recipients to click on a link in order to respond to the complaint. While this is the verbiage used when an actual complaint is filed, BBB Serving Central East Texas ALWAYS precedes the email with a phone call. Hovering over the link at the bottom of the email will show the actual destination of the link. In this case, it links to a website in the UK. These e-mails and the link included are fraudulent and were not sent by BBB.

According to BBB, recipients should consider the intent of these e-mails as an attempt to collect personal or confidential information or to load malicious software onto end users’ computers. Recipients should NOT access the link provided within the body of the e-mails and should NOT, under any circumstances, provide any personal financial information through this media. To report a fraud or scam, call the BBB Hotline: (903) 581-8373.

Whitehouse Residents Complain of High Water Bills

WHITEHOUSE — Some residents in Whitehouse are distraught over a price hike in their water bills. According to KETK, some even attended a city council meeting Monday night, demanding answers. City Manager Mike Peterson says the reason the bills are so high is that water usage is up. But angry residents aren’t buying that. They say they’re being ripped off. Peterson says the city plans to install new water meters at no charge for residents who complained about their water bills.

Bomb Threat Shuts Down East Texas Biomass Facility

SACUL (AP) – A biomass plant in East Texas has shut down while law enforcement officials investigate a bomb threat scrawled inside a portable toilet. Southern Company spokeswoman Stephanie Kirijan confirms the bomb threat was found Monday evening at the Southern Power biomass plant in Sacul. Nacogdoches County Sheriff Thomas Kerss said the power company and the onsite construction firm decided to close until after Thanksgiving even though a deadline on the note had passed by several hours when it was found. Kerss says the threat is taken seriously because a power plant is considered a national security interest. The company says no fuel load deliveries were scheduled this week because of the holiday. Kerss says the shutdown will lead to a $1.1 million loss.

Relocation Proposed for Smith County Offices


SMITH COUNTY — Smith County commissioners on Monday approved funding a cost-benefit analysis to identify which current county facilities could house four offices slated for relocation. At Monday’s meeting, the court approved limited expeditures of $5,000 for the study by architects and urban planners last week that would identify the best available option for the county to move its election office, adult probation and Precinct 1 constable and justice of the peace.

The court has discussed several versions of relocation plans for three offices that remain in the Smith County Office Building, which is the former Carlton Hotel. For the past three years, the court has initiated and planned projects to exit the building, which it says has become a money pit.

Lufkin Police Arrest Panhandler

LUFKIN — A panhandler was arrested beneath a Lufkin overpass Monday afternoon for reportedly assaulting a church solicitor who was “in his territory.” Dowell Evans, 72, of Nacogdoches, was booked in on a charge of disorderly conduct for knocking a church donation can out of the hands of 21-year-old Juan Tejeda-Ruvalcaba under the overpass next to El Chico. The can, belonging to the white-uniformed church member from Dallas, then rolled into traffic. Evans reportedly told Tejeda-Ruvalcaba it was his spot first.

Because Evans disturbed the peace, Lufkin Police arrested him on Class C misdemeanor disorderly conduct and took him to the Angelina County Jail. Five days before the incident, Evans was arrested for panhandling beneath the same overpass. Evans has a criminal history dating to 1976, has been to prison twice and at times uses an alias of Burt Anson III, according to public records. There are five different birth dates listed for Evans and his alias, including one that makes him two years younger.

Fredonia Residents Question Kilgore Annexation

KILGORE — A landowner about to be annexed into Kilgore told city council members Tuesday the Fredonia community doesn’t feel a part of the city despite consistent contributions. “We’ve been there over 100 years,” Terry Dunn said of Fredonia, which was settled south of a former Fredonia by freed slaves after the Civil War. “Fredonia has always participated in everything the city of Kilgore has done. And I don’t know why y’all look at us as not Kilgoreites. … We’ve never thrown out a task, never backed down for any fundraiser.”

Dunn was one of three speakers from a 261-acre tract the city council is poised to annex into Kilgore on Dec. 13. The council cites a lack of land suitable for new housing in a quest that previously annexed land formerly to the south and east of the city limits. Tuesday’s was the second and final public hearing on the annexation before next month’s vote. Dunn and others said they do not see the benefit to them to become part of the city. They shunned fines, fees and building inspections that are on the horizon, though city staff members maintained that the residents will be eased in as painlessly as possible.

The annexed residents won’t pay city taxes until 2013, and once water and sewer lines reach them they may keep using personal septic systems until those wear out. The hookup fee is $450, General Services Director B.J. Owen said. They also may keep their trash disposal arrangements for two years, Director of City Planning/Zoning Carol Windham added. She also said no one will pay for water, sewer service and trash pickup until they are using those services — those bills are not part of property tax payments, which one speaker said will rise $200 for her under the city’s 39-cent tax rate.

Person of Interest Named in Case of Missing Woman

WOOD COUNTY — Wood County officials have identified a 55-year-old Canton woman’s husband as a person of interest in connection with her disappearance. Department of Public Safety spokeswoman Jean Dark said Marquita Leanne Gutierrez was reported missing on Nov. 11 by family members, and has not been seen since. Dark said officials believe her husband, 53-year-old Gilbert Cortez Gutierrez, might be involved in her disappearance. Marquita Gutierrez was reported missing after borrowing her mother’s truck that morning to go to a doctor’s appointment. The doctor’s office said she never showed up.

Her husband was last seen in the Dallas area and was possibly heading toward Laredo. Gilbert Gutierrez is five-foot, six-inches tall, weighs about 265 pounds, has brown eyes and black hair. He has a tattoo of the word “Apache” on his forehead. Dark said he also is typically dressed in Native American-style clothing and jewelry.

BBB: Free Trial Offers May Come with Hefty Price Tag

TYLER — The Better Business Bureau Serving Central East Texas is cautioning you about so-called “free trial offers.” Officials say the word “free” is frequently used by marketers to attract customers. In fact, according to the BBB, it is one of the three most consistently used words in advertising. While there are federal regulations which instruct companies how they can and can’t use the word, many companies disregard these regulations by not conforming to the guidelines. The BBB receives numerous calls from consumers who have been hit with unexpected charges after they have signed up to receive one of these free offers and reminds consumers to be extremely cautious when signing up for these types of promotions.

“Many free trial offers require you to divulge a checking account or credit card number so they can bill you for a nominal shipping and handling charge. However, that small fee is often just a ruse to get your account information”, said Mechele Agbayani Mills, President and CEO of BBB Serving Central East Texas. “Once the company has that information in their possession, many consumers notice huge charges on their accounts which either covered exorbitant shipping and handling charges or were simply made without their permission.”

BBB advises consumers to consider the following tips before taking advantage of free or low-cost introductory offers:

Before you do business with a company, call its customer service line posing as an existing customer (not as a new buyer). If you can’t get through to a live person, or if you can’t get a message returned, it’s probably not a good idea to do business with them. Similarly, if you e-mail the company with a question and you get no answer or you get a response from a free e-mail service like Yahoo, gmail or hotmail, that’s a huge red flag. Remember, legitimate businesses have their own domains. For example, when you get an e-mail from the East Texas BBB, the email address will end in ends in “@easttexas.bbb.org.”

Be extremely cautious about committing to trial offers, especially when asked to supply credit card information. The trials often require payment of the full product price in advance or automatically enroll you in an ongoing program as soon as the trial period is over.

Never allow your bank account to be debited when you do business with a company for the first time. Using a credit card gives you a right to dispute – or not pay – if a company tricks you. Debit cards give you no such right, and these large, multiple unexpected debits can trigger overdrafts.

Read the company’s privacy policy. Keep in mind, some companies may supply your contact information to other businesses.

Steer clear of companies that don’t have a physical address on their websites.

Ask the company if you must cancel by a certain date to avoid being shipped additional products or being charged for “buying club” memberships. Keep in mind that many of these types of companies ignore cancellation requests and/or make the cancellation process difficult.

Before signing up for a trial or reduced price promotion, go to http://www.bbb.org to check out the company’s BBB Business Review. For more tips on how to be a savvy consumer, go to the aforementioned website. To report a fraud or scam, call the BBB Hotline: (903) 581-8373.

Road Reopens after Wreck Left Downed Power Lines


TYLER — Tyler Police responded to the 3000 block of Old Jacksonville Hwy after a one car crash that knocked down power lines across the roadway. It happened around at 7:50 Tuesday morning. The driver, Erica Kirby, 25, and her six year old daughter were traveling northbound on Old Jacksonville Hwy in the outside lane when she lost control of her vehicle on a curve. Police say she went into a spin knocking down a utility pole and lines and coming to a rest on top of a brick wall belonging to the property owner where the crash occurred.

Kirby and her daughter were transported to a local hospital with minor injuries. Officers had the northbound traffic lanes shut down until the roadway could be cleared. Traffic was flowing again in both directions by early afternoon.

Bullard Man Charged with Intoxication Assault

LUFKIN — A Bullard man who seriously injured a Lufkin woman in a car crash last week has been additionally charged with intoxication assault. Initially, Marshall Lucas Jr., 27, was charged with resisting arrest and DWI for the accident that seriously injured 20-year-old Kaley Linton, of Lufkin, on Nov. 16. As Linton continues to recover from her injuries, including a broken back and pelvis, Lucas is out of jail on a collective $8,000 bond, according to jail records.

Grand Jury Cleared Officers in Fatal Shootings

EAST TEXAS — Harrison and Gregg county grand juries have cleared law enforcement officers of any wrongdoing in a pair of shooting deaths earlier this year. The decisions appear to close the books on a trio of officer-involved shootings. In the latest decisions, a Harrison County grand jury cleared one Harrison County and two Hallsville Police officers in the September shooting death of Richard Owen Dean, 44, of Longview. On Oct. 26, a Gregg County grand jury cleared three Gladewater Police officers in connection with the shooting death of Willie B. Green, 56, who authorities said was wielding a knife. On Oct. 13, two Kilgore police officers were cleared in connection with the shooting death of 19-year-old Jamel Freeman, who police said stabbed the two officers before being fatally shot. All three cases were investigated by Texas Rangers before being turned over to grand juries.

Authorities Identify Man Rescued after Dangling from Tower


CHEROKEE COUNTY — Authorities have identified the man rescued after dangling from an antenna tower on Cherokee County Road 3137. According to Cherokee County officials, Johnny Perry, 53, Bullard, was hanging about 60 feet from the ground. Authorities first said he was the homeowner trying to adjust his television reception. Officials later said Perry was actually from an antenna company and was called by the homeowner to remove the antenna. Rescue crews say he climbed the 60-ft. tower, then fell around 10:30 Monday morning and dangled upside down in his harness for about 3 hours before crews were able to rescue him. Perry was not seriously injured but was transported to a Jacksonville hospital to be checked out as a precaution.

East Texan Found Dead in Wisconsin

EAU CLAIRE — A Longview man was found dead in the woods in Wisconsin. According to the Eau Claire, Wisc., Leader-Telegram, Barron County Sheriff’s officers on Saturday were called to the community of Chetek, where a hunter was found unresponsive in the woods. The man, identified as 68-year-old Carl H. Zimmerman, of Longview, was transported to a Bloomer, Wisc., hospital, where he was pronounced dead at about 6:41 p.m. Saturday. Officers told the newspaper that initial investigation showed no suspicious activity and that Zimmerman appeared to have died from natural causes.

“Know When to Pass” at TJC Today

TYLER — The Texas Department of Transportation’s statewide “Know When to Pass” campaign is scheduled to be at Tyler Junior College’s Rogers Student Center faculty parking lot between 10 a.m. and 2 p.m. on Tuesday, November 22. The campaign is designed to increase awareness of the dangers of drinking and driving on “game day,” and to encourage fans to pass their keys to a sober driver if they plan to drink.

In 2010, TxDOT reported 25,045 DUI crashes in Texas and 1,392, or six percent, occurred on football game days when a Texas team was playing. Another report showed college home football games were associated with a 13-percent increase in arrests for drunk driving.

The campaign features a display truck and cardboard cutouts of football players holding their hands out for keys. Fans are encouraged to have their picture taken handing their keys to the football players. The best photos will be uploaded to the Facebook site, http://www.facebook.com/KnowWhenToPass. The campaign and the truck have been featured at football games in Austin, Lubbock, Bryan-College Station, Dallas, Houston and El Paso.

Driver in Fatal Hit-and-Run Identified and Charged

LONGVIEW — The driver of the vehicle that hit and killed a 4-year old boy, Cesar Cruz, has been identified as Margarito Aguilar. According to KETK, the 56-year old claims he didn’t know he had hit anything other than a mailbox or a dog. He also tells authorities he does not own a TV or radio and wasn’t aware of the situation. Aguilar has been taken into custody and is charged with a suspended license and no insurance. The accident occurred about 8:15 p.m. November 14. DPS Trooper Jean Dark said the vehicle was northbound on Texas 149 when the motorist struck Cesar, who was most likely in the road.

Deputies were called to the boy’s residence about 6:45 p.m. November 14 after family members reported him missing. Cesar’s mother, Brandie Sieger, said she had left the house to take her father to the store. Her mother was at the house watching her four children when she was notified Cesar was missing. Gregg County Sheriff’s Office deputies, responding to reports of the missing boy, found his body in a ditch on Texas 149 near Younger Road, about a mile from where he went missing.

Gilmer Man Guilty of Social Security Fraud

TEXARKANA – A 44-year-old Gilmer man has pleaded guilty to social security fraud. Michael Wayne Jobe pleaded guilty Monday in Texarkana to theft of government property before U.S. Magistrate Judge Caroline M. Craven.

According to information presented in court, in 2006 and 2007 and resuming in 2009 until 2011, Jobe applied for Social Security Disability Insurance Benefits on behalf of both of his children who lived with him at the time. During the first time period, both of Jobe’s children were removed by CPS. During the second time period, both children moved out of his home and began living with other family and friends. However, Jobe continued to receive Social Security Benefit payments on behalf of those children, and Jobe falsely reported to the Social Security Administration that the children were still living with him during those reporting periods. This resulted in an overpayment of Social Security Administration benefits in an amount in excess of $1,000.

Jobe was indicted by a federal grand jury on Sep. 15, 2011. He faces up to 10 years in federal prison at sentencing. A sentencing date has not been set.

Extensive Damage Reported in Crash at Auto Parts Store

KILGORE — More details have been released after an SUV crashed into an auto-parts store in Kilgore. Kilgore police tell KETK a Suburban crashed into the ABC Auto Parts Store off Highway 259 and Stone Road. Three people were taken to a local hospital, including the driver. The SUV caused extensive damage to the building’s front windows and damaged some items inside the business. The driver reportedly had a seizure and was unable to control the vehicle.

Thanksgiving is Peak Day for Home Cooking Fires


TYLER — The Tyler Fire Department is wishing everyone a safe and happy holiday season. Fire officials point out that the number of home cooking fires triples on Thanksgiving Day as compared to the national average on all other days. With Thanksgiving approaching, many people will be frying turkeys. If done incorrectly, this can be a dangerous endeavor. Below are just a few safety tips to think about before frying.

1. Fryers should only be used outdoors away from buildings and combustible material. Never use in garages or on wooden decks.
2. Never leave the fryer unattended.
3. Keep children and pets away from fryer at all times.
4. The turkey should be completely thawed and patted dry prior to frying. Water and oil do not mix. This could cause the oil to splatter and boil over.
5. There should always be an all-purpose, ABC rated fire extinguisher nearby. Never use water to extinguish a grease fire.
6. Always wear the appropriate clothing: shirts with long sleeves, full length pants, and shoes that completely cover the feet. Safety goggles are also recommended.
7. If a fire or accident does occur, call 911 immediately.

You’re asked to contact the Tyler Fire Marshal’s Office at 903-535-0005 for more information regarding fire prevention and safety.

PATH Holds Coats for Kids


TYLER — Over the weekend, PATH held its annual Coats for Kids. According to KETK, since 2002, the event has helped thousands of kids get into a new winter coat. Each year, PATH distributes the coats to kids in need. PATH’s Becky Duncan says each year, the turnout keeps getting bigger. Duncan estimates 1700 to 2000 people got coats this year.

Rusk County Man Dead after One Vehicle Wreck

LONGVIEW — A Joinerville man was killed Saturday night in a one-vehicle crash when he was ejected him from his pickup. According to Department of Public Safety officials, 47-year-old Joseph Wilson Castle was pronounced dead just before midnight Saturday by Justice of the Peace Seth Stein after the crash on FM 2012 in Rusk County. Castle was traveling southbound at about 10:45 p.m. on FM 2012 near CR 146 when he lost control of his Nissan Frontier.

Investigators Searching for Wanted Felon

LUFKIN — Angelina County Community Supervision and Corrections Department (CSCD) needs your help locating a probation absconder. Jeremy Wade Henson is wanted on a felony revocation of probation warrant. Henson has a history of absconding and went on the run this time after failing a drug test. Henson is a 34-year-old, white male, and he is known to drive a white truck and a burgundy car. His arrest reports indicate that he typically works logging, factory, or manual labor jobs.

When arrested in June of this year, Henson’s home address was 208 East Denman Avenue, apartment #23 in Lufkin and he recently appeared at the residences of family and friends on Garrison Road and Crooked Creek Drive in Lufkin, but officers have been unable to capture him at any of these locations.

Rail Car Spill Cleaned Up

HALLSVILLE — Longview Fire Department hazardous materials crews joined Harrison County first responders in containing a railcar spill about three miles east of Hallsville on Sunday. According to Longview Fire Marshal Johnny Zackary, a railcar was leaking phosphoric acid. Crews led by Hallsville Police Department were making entry to stop the leak at about 4:30 p.m. Sunday. Harrison County sheriff’s officers, meanwhile, cordoned off nearby roads and temporarily closed Harrison CR 3102, also known as Muntz Road. Zackary said there was no danger or immediate threat to neighbors of the spill. He said Longview haz-mat crews had mitigated the leak by 5:50 p.m. at which time Union Pacific railroad crews were cleaning the spill and working to reopen the rail spur.

House Fire Contained, No Injuries Reported

LONGVIEW — A Sunday morning house fire could have been deadly if not for the response of neighbors. Longview Fire Marshal Johnny Zackary said firefighters were called at 8:04 a.m. Sunday to a house fire at 307 Marion Drive in south central Longview. When firefighters arrived, they found the front of the home engulfed in flames. They also found neighbors consoling the house’s six residents in the front lawn, including one neighbor who pulled a wheelchair-bound elderly woman to safety.

Zackary said neighbor Jerriel Dixon ran across the street and pulled the woman’s chair down the front steps. A young boy who escaped the fire alerted Dixon because he could not pull the woman’s chair.

Zackary said it appears the fire started in the kitchen near the stove, which resulted in heavy smoke near the doorway where the woman was sitting. The American Red Cross is assisting the family of three adults and three children, who lost all of their belongings to smoke, fire or heat damage, the fire marshal said. The family also is getting help from an usual source.

The fire marshal said seeing Dixon’s actions, coupled with those of neighbors who consoled the family and children, was “a very positive thing with neighbors stepping in during these tragic times.”

East Texas Rep Says Prospects for Debt Deal Seem Grim

WASHINGTON (AP) – The Republican co-chair of Congress’ debt supercommittee says chances are slim that the panel can agree on a plan to reduce spending by $1.2 trillion over 10 years. Texas Rep. Jeb Hensarling says “nobody wants to give up,” but he also tells “Fox News Sunday” that “the reality is to some extent starting to overtake hope.” The committee faces a Wednesday deadline. But members would have to agree on the outlines of a package by Monday to allow time for drafting and assessing by the Congressional Budget Office. Republicans are demanding changes in programs such as Medicare and Medicaid while Democrats are insisting on tax increases on the wealthy. The Democratic co-chair, Sen. Patty Murray of Washington, is appealing for “shared sacrifice.” She was on CNN’s “State of the Union.”

TXDOT Planned Work in East Texas

SMITH COUNTY — Texas Department of Transportation maintenance crews on Monday are scheduled to conclude base and pavement repairs on SH 110 in Whitehouse between Hagan Road and the southern city limits. Daytime lane closures will be in effect in each location while the work is in progress. Motorists are encouraged to be prepared to reduce speed and merge in and around the work zones.

WOOD COUNTY — Texas Department of Transportation maintenance crews this week are scheduled to make pavement repairs on SH 154 near FM 288. Daytime lane closures will be in effect in each location while the work is in progress, and flaggers will control traffic.

VAN ZANDT COUNTY — Texas Department of Transportation maintenance crews this week are scheduled to continue pavement repairs on FM 1995 between SH 110 and FM 773. Daytime lane closures will be in effect while the work is in progress, and flaggers will control traffic.

Big East Texas Personality Passed Away

EAST TEXAS — Long time East Texas disc jockey and comedian Warren Bradley died Sunday morning after a long fight with cancer, according to friends. Bradley, 55, was a staple on the morning show on radio station KYKX for years. He also was a popular standup comedian at area clubs and for parties and banquets. In recent years he took his act to venues in Branson, Mo., where he sometimes appeared on stage with another East Texas entertainer, Neal McCoy. Warren was born in Longview, Texas in 1956.

Task Force Assessing Homelessness

TYLER — The task force launched by Mayor Barbara Bass to take a close look at homelessness in the City of Tyler held its first meeting on Nov. 8. The Homeless Task Force is chaired by City Council member Martin Heines and, according to city officials, comprises primary stakeholders who provide services to the homeless.The Task Force is examining the current state of homelessness in Tyler to determine what services are currently offered, who is providing those services, and if there are gaps in services. Task Force members are reviewing reports that attempt to measure how many homeless there are in Tyler as well as visiting facilities and meeting one-on-one with agencies who provide services to the homeless.

“There is a lot of information that needs to be assessed during this process,” said Heines. “There are so many groups offering assistance to the homeless that it is important to piece together where the gaps in services may be.” Also important to the Task Force, says Heines, was arriving on a shared definition of homelessness. Some think of homelessness as just those people who actually are sleeping without shelter. However, other definitions include people who are living in shelters or transitional housing.

“One of the biggest challenges is determining what services are available and where they are,” added Heines. “I am not surprised that there are so many groups that are trying to help their fellow Tylerites who are in need because Tyler is such a giving community. However, I believe we can do a better job of communicating where these services are available as well as identifying if there are unmet needs.”

The Task Force plans to expand to include additional stakeholders that were identified during the first meeting. The task force will meet again in early December with a goal of concluding its assessment and providing recommendations to the City Council by the end of January 2012.

Tyler Burglary Suspect Arrested

TYLER — A burglary Suspect has been apprehended after a neighbor witnesses him running from a house where a burglar alarm was going off. It happened around 4:25 Sunday morning in the 300 block of W. First Street. Arriving officers found the back door forced open. The suspect, Antonio Hernandez, 27, was detained about 6 blocks away. He’s charged with burglary of a habitation.